Company/MyFashionStage: Octopus Business Enterprise, Inc., DBA MyFashionStage.com
Site/Services: MyFashionStage.com/.net/.org, but not limited to any other services which provided by the Company
User(s)/You: member(s), affiliate(s), visitor(s), customer(s)
We/Us: Company, MyFashionStage
Content/Posts/Data: including, without limitation images, videos, audios, texts, documents, files, software scripts or programs but not limited to any other data formats, that we store and host, which provide by us or you or any other user
Feedback: including, without limitation, suggestions, proposals, complaints, ideas, results, modifications, improvements, translations, discoveries, observations
In compliance with the Children's Online Privacy Protection Act of 1998, MyFashionStage does not accept membership registrations from users who are under 13 years of age. By registering with MyFashionStage, you represent that you are at least 13 years old.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts and or feedback from our sites, deny you access to our sites, or any combination of these actions.
When you upload content or feedback to, or via our site and services, you are informing us and all other users that the content or feedback is solely owned by you but no one else, and that the posting and use of your contents or feedback do not violate any privacy right, publicity right, copyright, contract right, intellectual property right, human right of others. We are not responsible for any infringement on any of your uploaded content or feedback which directly or indirectly associated to you in any circumstances. Any costs that cause by infringement or violation of any privacy right, publicity right, copyright, contract right, intellectual property right, human right of others which mentioned above are users’ sole responsibility. If any of the above infringement or violation mentioned arises, users agree to indemnify the company and hold the company harmless. User also agree to responsible and liable for the cost which are directly or indirectly related to any infringement or violation of any privacy right, publicity right, copyright, contract right, intellectual property right, human right of others.
Users retain all rights to any content, posted, displayed, published or submitted during the use of our sites and services. However, in order to display materials you provide on our sites and services, we need your permission. By uploading, emailing, posting, publishing or otherwise transmitting contents or feedback to our sites and services, you agree to grant us a worldwide, non-exclusive, royalty-free license, plus the right to sub-license, distribute, copy, reproduce, publicly perform and display, create derivative works from it, anywhere, whether in print or any kind of electronic format that exists now or later developed, for any purpose, including but not limited to commercial purpose. However, you also grant other users the right to distribute copy, reproduce, publicly perform and display, create derivative works from it through our site, third party websites and or applications.
By submitting feedback to our sites and services, you agree that your feedback do not contain any confidential or proprietary information. Our company is not under any obligation of confidentiality, express or implied, with respect to the feedback. Moreover, our company shall be entitled to use or disclose such feedback for any purpose, in any way, in any media worldwide. Our company may have something similar to the feedback already under consideration or in development. Any feedback submitted by user will automatically become the property of the our company without any obligation to the corresponding user. User is not entitle to any compensation or reimbursement of any kind from our company under any circumstances.
Our company does not control, review, moderate, or otherwise monitor the content and feedback posted via our sites and services and, as such, does not guarantee the accuracy, integrity or quality of such Content. User understands that by using the sites and services, user may be exposed to content or feedback that is offensive, indecent or objectionable. Under no circumstances will our company be liable in any way for any content and feedback, including, but not limited to, any errors or omissions in any content and feedback, or any loss or damage of any kind incurred as a result of the use of any content and feedback, posted, emailed, transmitted or otherwise made available via our sites and services.
Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising,) ,and you agree to use the Service only for lawful purposes. This means that you agree not to use our Services for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.
You further agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (2) not to use the Services for any illegal purpose; (3) not to interfere with or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Services for chain letters, junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list. You further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another User's use and enjoyment of the Services or another entity's use and enjoyment of similar services.
MyFashionStage reserves the right to terminate your service immediately and without advance notice if you violate the above restrictions, leaving you responsible for the full charges to the end of the subscription, which immediately become due and payable.
MyFashionStage reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion.
UNDER NO CIRCUMSTANCES SHALL MYFASHIONSTAGE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, LICENSEES, LICENSORS, OR THIRD–PARTY PARTNERS OR SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE MYFASHIONSTAGE SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MYFASHIONSTAGE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE MYFASHIONSTAGE SERVICE, FROM INABILITY TO USE THE MYFASHIONSTAGE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MYFASHIONSTAGE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MYFASHIONSTAGE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MYFASHIONSTAGE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE MYFASHIONSTAGE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MYFASHIONSTAGE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE MYFASHIONSTAGE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MYFASHIONSTAGE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall MyFashionStage or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
User agrees to defend, indemnify, and hold MyFashionStage, its officers, directors, employees, shareholders, affiliates and agents and any other supplier and service provider who furnishes services to User in connection with this Agreement or the Service, harmless from and against all losses, expenses, costs, claims, including attorneys fees or damages by, or in the right of, User relating to this Agreement, the Services, or asserted by any third party due to or arising out of your use of or conduct on the Service. This paragraph shall survive termination of this agreement.
MyFashionStage makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service for a particular purpose. Neither MyFashionStage nor its vendors will be liable for unauthorized access to MyFashionStage's or User's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, User's data through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of MyFashionStage's or its vendors' negligence. Statements and descriptions concerning the Service, if any, by MyFashionStage or MyFashionStage's agents or installers are informational and are not given as a warranty of any kind. MyFashionStage cannot and does not guarantee or warrant that the data available for downloading will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Any dispute or claim between User and MyFashionStage arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in San Jose, California, U.S.A. in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators must be entered in the state and federal courts of Santa Clara County, California, U.S.A. All claims shall be arbitrated individually and User will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The arbitrator shall have no authority to award punitive damages. User acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
MyFashionStage may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of it, to any other party without prior written consent from MyFashionStage. Any attempt by you to do so is void. The failure of MyFashionStage to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
MyFashionStage has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
MyFashionStage utilizes, in whole or in part, the public Internet and third party networks to transmit or receive contents or data. MyFashionStage is not liable for any lack of privacy which may be experienced with regard to the Service.
MyFashionStage uses your IP address to help diagnose problems with our server and to administer our Web site. Your IP address is also used to gather broad demographic information and to track user patterns of different areas and topics within the site.
This site contains links to other sites. MyFashionStage is not responsible for the privacy practices or the content of such Web sites.
Notices to User shall be sent to the email address on file for User at MyFashionStage and will be considered given on the date sent by MyFashionStage.
This Agreement shall be deemed to have been made in the State of California, U.S.A. and the provisions and conditions of this Agreement shall be governed by and interpreted in accordance with the substantive law of the State of California, U.S.A. without regard to conflict of laws provisions. Any dispute arising out of this Agreement shall be resolved in the state and federal courts in Santa Clara County, California, U.S.A. and each party hereby consents to the exclusive jurisdiction thereof. MyFashionStage also reserves the right to seek compensation for any attorney fee incurred.
Should you have any questions concerning this Agreement, or if you desire to contact MyFashionStage, Inc. for any reason, please contact: support@MyFashionStage.com