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Terms & Conditions
Terms and Condition
Welcome to fashiontown.com, the online fashion marketplace. fashiontown.com, is provided to you free of charge, "as is," by fashiontown.com. By accessing and using our website and information, including services and products available within, you comply that you have read, understand, and agree to the terms and conditions bound and contained herein, whether or not you are a registered member in fashiontown.com.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THE INFORMATION CONTAINED HEREIN REGARDS TO YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING SOME LIMITATIONS.
FashionTown.com is an online marketplace intended solely for users 18 years of age or older. By registering as a member in FashionTown.com, you warrant and agree that you are 18 years of age or older and that you abide by all of the Terms of Use within this Agreement. Registration terms herein are void where prohibited.
With the terms and conditions contained herein, by registering in FashionTown.com you agree to provide accurate, truthful, and complete information about you and your company prompted by the registration form on this website. This includes uploading a Business License or Seller’s Permit which will be displayed to our vendors upon request. By the terms of this Agreement you are fully responsible for all usage of your account as well as for any actions and consequences that take place on FashionTown.com by the use of your account and Registration.
By the terms and conditions of this Agreement as a registered member, you agree not to:
Data mine other members' information by any means, for any purpose.
Use this website for unlawful purposes in any manner or way.
Use automated registration bots.
Misrepresent one's self or impersonate another, for the purpose of registering as a member in FashionTown.com.
Attempt to unlawfully access any account, storefront, images, or other content that is being granted to your Registration account.
LAWFUL USE OF WEBSITE
You agree to abide by all applicable laws regarding use of our websites and services, and not to use our website to engage in antisocial, disruptive or destructive acts. You may not post, link or upload any material that is harmful to our user's computers or objectionable, in our sole discretion, including content that is obscene, indecent, defamatory, hateful or intolerant in nature. You may not publish content that constitutes "junk mail", "spam", or "phishing".You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other online service or other organization. We may report any activity that may violate the law to officials, regulators or other third parties, and we may do so without prior notice to you. You agree to provide true, accurate, current, and complete information about you as prompted during the registration process for any our Service, and to maintain and update the information, when necessary, to keep it accurate. You are responsible for maintaining the confidentiality of any account numbers and passwords assigned to you or input by you, and you agree to be fully responsible for all activities that occur through anyone's use of your password or account numbers, whether or not authorized by you. You agree to notify fashiontown.com immediately if you become aware of any unauthorized use of your password or account or any other breach of security related to our Service.
INTELLECTUAL PROPERTY
Copyright, Trademark and Disclaimer Notices fashiontown.com is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content including, but not limited to, text, design, graphics, logos, files, images, photos, video, software, code, and other proprietary content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with fashiontown.com, our affiliates or licensors of the Site Content, as the case may be. "Fashiontown", "Fashiontown.com", “Chermuse.com” and related icons and logos are registered trademarks or trademarks or service marks of Fashiontown and related icons and logos are registered trademarks or trademarks or service marks of Fashiontown.com, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. fashiontown.com may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
The "Fashiontown.Com" name and logo are registered trademarks.
Permission is granted to electronically copy and print hard copy portions of this site for purchased products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by fashiontown.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
ELECTRONIC COMMUNICATIONS
When you use any fashiontown.com Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other fashiontown.com Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
PRODUCT LISTING POLICY
PRODUCT DESCRIPTIONS
fashiontown.com attempts to be as accurate as possible. However, fashiontown.com does not warrant that product descriptions or other content of any fashiontown.com Service is accurate, complete, reliable, current, or error-free. If a product offered by fashiontown.com itself is not as described, your sole remedy is to return it in unused condition.
PRICING FOR PRODUCTS AND SERVICES
Fashion Town In the event a product or service is listed at an incorrect price or with incorrect information, fashiontown.com has the right to refuse or cancel any orders placed for that product(s) or service(s) whether or not they have been confirmed and your credit card has been charged or other payment has been accepted.
Despite our best efforts, a small number of the items on our Site may be mispriced. If the correct price of an item sold by fashiontown.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order whether or not your credit card has been charged or other payment has been accepted.
RISK OF LOSS
All items purchased from fashiontown.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
fashiontown.com does not take title to returned items until the item arrives at the designated Returns center. At our discretion, a refund may be issued without requiring a return. In this situation, fashiontown.com does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, fashiontown.com may link to sites operated by third parties. However, even if the third party is affiliated with fashiontown.com, fashiontown.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of fashiontown.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, fashiontown.com seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
If there are links to unaffiliated websites they are not covered in this agreement. We do not endorse or make any representations about such unaffiliated websites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any unaffiliated websites linked to this website, you do so entirely at your own risk. We are not responsible for the content of such other websites and shall not be liable for any damages or injuries arising from your visits there.
SOCIAL NETWORK: FACEBOOK, TWITTER, AND YOUTUBE
The fashiontown.com Facebook, Twitter and YouTube pages are run and maintained by individuals from fashiontown.com. The views, opinions, depicted results and experiences expressed in user-submitted comments are solely those of the author and do not necessarily reflect those of fashiontown.com.
NO WARRANTIES
Please understand that you assume total responsibility and risk when you use our website. Our website and services are provided on an "as is" and "as available" basis. You understand that fashiontown.com does not guarantee that anything on our websites will be free of infection or viruses that might damage or interfere with your computer, data or personal information. fashiontown.com does not make any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to our website, its contents, or any services provided through our website.
TERMINATION OF SERVICE
We reserve the right to terminate our services to anyone at any time, for any reason, and without notice. You also have the option of canceling your account at any time. In the event of cancellation or termination, you will lose all data related to your account.
LIMITATION AND DISCLAIMER OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY fashiontown.com ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND fashiontown.com HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, fashiontown.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; fashiontown.com DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND fashiontown.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
INDEMNIFICATION
Each User hereby agrees to indemnify and save fashiontown.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save fashiontown.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to fashiontown.com.
Each User hereby further agrees to indemnify and save fashiontown.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Sites. Each User hereby further agrees that fashiontown.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. fashiontown.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with fashiontown.com in asserting any available defenses.
GOVERNING LAW
You agree that your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of fashiontown.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of fashiontown.com products) must be commenced within one (1) year after the claim or cause of action arises. fashiontown.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. fashiontown.com may assign its rights and duties under this Agreement to any party at any time without notice to you.