AGREEMENT BETWEEN USER & FESTIVEFASHION.COM
By accessing FestiveFashion.com, printing or downloading materials from FestiveFashion.com, or otherwise using any aspect of FestiveFashion.com, you agree and acknowledge individually and on behalf of any company, organization or other entity you represent, that you have read and agree to these terms of use and any other policies, notices, terms or conditions posted on FestiveFashion.com.
FestiveFashion.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices herein contained.
FestiveFashion.com may contain links to other websites, pages and services operated Community Clubs, Inc. or its independent affiliates (individually and collectively referred to as "Community Clubs, Inc. websites"), and your use of each Community Clubs, Inc. website is also subject to the Terms of Use and other terms and guidelines, if any, contained within each Community Clubs, Inc. website.
In the event that any of the terms, conditions, and notices herein contained conflict with the Terms of Use or other terms and guidelines contained within any particular Community Clubs, Inc. website, then the Terms of Use and other terms and guidelines for such Community Clubs, Inc. website shall control.
You agree to familiarize yourself with the Terms of Use and other terms and guidelines found throughout FestiveFashion.com and the Community Clubs, Inc. websites and to abide them if you choose to use the websites, pages or services to which they apply.
Whenever the name FestiveFashion.com is used or referenced herein, such use or reference also incorporates Community Clubs, Inc.
LIMITATION OF USE
FestiveFashion.com is for your personal use only. You may not modify, copy, redirect, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, email addresses, software, products or services obtained or extracted from FestiveFashion.com you or others, without the advance written consent of Community Clubs, Inc.
As a condition of your use of FestiveFashion.com, you warrant to Community Clubs, Inc. that you will not use FestiveFashion.com for any purpose that is unlawful or prohibited these terms, conditions, and notices.
LINKS
FestiveFashion.com may contain links to websites operated parties other than Community Clubs, Inc. Such links are provided solely for your convenience. Community Clubs, Inc. does not control such websites and is not responsible for their contents, services or functions. Inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.
USE OF COMMUNITY CONTENT
If FestiveFashion.com contains bulletin board services, chat areas, news groups, forums, communities, listings and/or other message or communication functionality (collectively, "Communities"), you agree to use the Communities only to display, send and receive messages and material that are proper and related to the particular function. By way of example, but without limitation, you agree that when using Communities you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected intellectual property laws (or rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or otherwise promote or communicate any commercial enterprise or purpose, directly or via a link(s) to a website(s) or otherwise, without the advance consent of Community Clubs, Inc. in writing.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted another user of Communities that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communities.
Community Clubs, Inc. reserves the right to terminate your access to any or all of the Communities at any time without notice for any reason whatsoever.
Community Clubs, Inc. has no obligation to monitor the Communities. However, Community Clubs, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Community Clubs, Inc.'s sole discretion.
You acknowledge that all Communities are public and not private communications, and therefore your communications may be read others without your knowledge. You acknowledge that Community Clubs, Inc. advises you to use caution when giving out any personal identifying information about yourself or others in any Community. Community Clubs, Inc. does not control or endorse the content, messages or information found in any Community and, therefore, Community Clubs, Inc. specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Community function managers and hosts are not authorized spokespersons of Community Clubs, Inc., and their views do not necessarily reflect those of Community Clubs, Inc.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through FestiveFashion.com, you are granting Community Clubs, Inc. permission to:
- Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication.
- Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
LIABILITY DISCLAIMER
The information, products, and services included on FestiveFashion.com may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Community Clubs, Inc. and/or its respective suppliers may make improvements and/or changes in FestiveFashion.com at any time without notice.
COMMUNITY CLUBS, INC. AND/OR ITS RESPECTIVE SUPPLIERS AND/OR THEIR RESPECTIVE EMPLOYEES, AGENTS, HEIRS OR ASSIGNS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON FESTIVEFASHION.COM, FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
COMMUNITY CLUBS, INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL COMMUNITY CLUBS, INC. AND/OR ITS SUPPLIERS AND/OR THEIR RESPECTIVE EMPLOYEES, AGENTS, HEIRS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF FESTIVEFASHION.COM, WITH THE DELAY OR INABILITY TO USE FESTIVEFASHION.COM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH FESTIVEFASHION.COM, OR OTHERWISE ARISING OUT OF THE USE OF FESTIVEFASHION.COM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMMUNITY CLUBS, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF FESTIVEFASHION.COM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING FESTIVEFASHION.COM.
ACCESS RESTRICTION
Community Clubs, Inc. reserves the right, in its sole discretion, to deny any user or advertiser access to or use of FestiveFashion.com or any portion thereof, for any reason and without notice.
MODIFICATION OF THESE TERMS AND CONDITIONS
Community Clubs, Inc. reserves the right to change the terms, conditions, and notices under which FestiveFashion.com is offered.
OTHER TERMS
These Terms of Use are governed the laws of the State of Florida and the United States of America. You hereconsent to the exclusive jurisdiction and venue of courts in Okaloosa County, Florida USA in all disputes arising out of or relating to your use of FestiveFashion.com.
Use of FestiveFashion.com is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Community Clubs, Inc. as a result of these Terms of Use or your use of FestiveFashion.com.
Community Clubs, Inc.'s performance is subject to existing laws and legal process, and nothing herein contained is in derogation of Community Clubs, Inc.s right to comply with government, court and law enforcement requests or requirements relating to the use of FestiveFashion.com or information provided to or gathered Community Clubs, Inc. with respect to such use.
If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded a valid, enforceable provision that most closely matches the intent of the original provision and the remainder hereof shall continue in effect.
These Terms of Use constitute the entire agreement between you and Community Clubs, Inc. with respect to FestiveFashion.com, superseding all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Community Clubs, Inc. with respect to FestiveFashion.com.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly herein granted are reserved.
HOW TO CONTACT US
If you have any questions about any of the terms, policies or practices related to FestiveFashion.com, contact us using one of the following methods:
Email:
admin@FestiveFashion.com
Postal:
Community Clubs, Inc.
Attn: FestiveFashion.com Administration
P.O. Box 6546
Miramar Beach, FL 32550 USA
Fax:
(800) 750-9044 |
