Welcome to “CERCLE” – an online crowd funding platform fostering collaboration between those who design and those who love design – available through our website at www.o-cercle.com and any other related domain names (the “Website”). The Website, its services and any feature and content included therein, will be jointly referred to as the “Service” or the “Services”.
These Terms apply to the use of the Service and any content available therein by any communication means (including smartphones, tablets, personal computers etc.). These Terms further apply to the use of the Service via the Internet or any other communication networks.
Use of the Service requires an online connection (Wi-Fi, cellular data, broadband) between your personal computer or mobile device and the Internet. You are solely responsible for all costs and expenses of such connection, as specified in your subscriber plan or contract with your communication service provider.
The Service is intended and permitted only for individuals 13 years of age or older. Children under the age of 13 may not use the Service in any way and may not register as a Designer or a Contributor. If you are under the legal age of majority in your jurisdiction (normally 18 years), then you must obtain permission from your parent or legal guardian to use the Service and accept these Terms.
By using, accessing or registering with the Service, you declare that you are 13 years of age or older. If you are between the age of 13 and 18, then you also declare that you have received your parent’s or legal guardian’s permission to use the Service and accept these Terms. We reserve the right to terminate an account, if we find that you are younger than the minimum age specified above. We may request additional information to confirm your age at any time.
ABOUT THE SERVICE IN A NUTSHELL
Our Service is an online crowd funding platform that fosters collaboration between fashion designers (the “Designers”) and their audiences. The Designers share the vision and inspiration of their upcoming collections (the “Campaigns”), and visitors to the Service (the “Contributors”) are given an inside look at the creative process of the Designers and the opportunity to collaborate by funding and directly contributing to the Campaign up to a certain amount which is determined by the Designer (Designers and Contributors are collectively referred to as “users”).
In exchange for making a contribution, Contributors will receive a credit code (the “Credit Code”) towards a purchase from the Designer’s next collection (as portrayed in the Campaign), worth more than the contributed amount. The Designers use the contributions to produce their upcoming collection. Once the applicable collection is launched, the Contributor can redeem the Credit Code and make a purchase from the new collection of the Designer it contributed to.
Further information about our Service is explained within the relevant sections of the Service. At any time, you may change your personal preferences and the way you use the Service, as a Designer or a Contributor, by using the tools provided therein, as may be available from time to time.
ANY COMMUNICATIONS AND TRANSACTIONS MADE BETWEEN DESIGNERS AND CONTRIBUTORS, INCLUDING CONTRIBUTION TRANSACTIONS AND PURCHASE TRANSACTION USING AN ISSUED CREDIT CODE, ARE MADE STRICTLY BETWEEN THE DESIGNER AND ITS CONTRIBUTORS. THE COMPANY IS NOT A PARTY AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO SUCH COMMUNICATIONS AND TRANSACTIONS.
Subject to these Terms, we hereby grant you a worldwide, limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable right and license, until the termination or expiration of these Terms or the termination of your Service account, to use the Service, as a Designer or a Contributor, through the Website, in accordance with these Terms. Contributors can only use the Service for personal and noncommercial purposes.
REGISTRATION AS A DESIGNER OR A CONTRIBUTOR
Registration as a Contributor –
To actively use the Service and make contributions, you’ll need to sign-up and create a personal Service account. When you register with the Service, or when you use any of our online contact forms, we may ask you to provide us with certain contact and personal details, such as your name and an active e-mail address, and to choose a unique password.
When you make contributions through the Service, we will also ask you to provide us with your billing and payment information. We will not store your credit card or PayPal account information.
Please note that you may also use the Service and make a contribution as a guest, without creating a permanent Service account. In such a case, we will only ask you to provide us with your full name, email address and billing information. You will have to re-register as a guest every time you wish to make another contribution through the Service.
Registration as a Designer –
To be considered for admission as a Designer on the Service, you must apply through our designated online registration forms. The Company will review and approve, at its sole discretion, every Designer’s application before they are able to launch a Designer’s page or any Campaign on the Service.
When you apply to register as a Designer, we will ask you to provide us with certain contact and personal details, such as your name and an active e-mail address, and to choose a unique password. In addition, we will ask you to provide us with your brand name, the year your brand was established, your website URL and social media channels and general information about your business such as past collections and more.
When setting up each Campaign, we will ask you to provide us with the necessary Campaign information, such as the term of each Campaign, its name, contribution pricing, value and quantity, Contributors’ options to redeem their Credit Codes and make a purchase from the respective new collection, collection launch date and more.
As we process your application, and thereafter, following your admission to the Service (if admitted), we may request additional information and materials from you, as we, at our sole discretion, deem necessary. If you decline to provide the additional information and materials we request, or if you fail to provide them within the timeframe we request, you will not be able to apply, or if you have already been admitted – we may suspend or terminate your registration to the Service or any of your Campaigns.
Once we complete processing, evaluating and considering your application, we will determine, at our sole discretion, whether to decline your application, or accept it and admit you as a registered Designer. We are not obligated to admit you or any other applicant, to the Service, or to approve any Campaign, and we may, but are not obligated to, inform you of the grounds for our decision regarding your application. You will have no plea, claim or demand against us in connection with any decision we may or may not make regarding your own, or anyone else’s, application, admission or the launch of any Campaign on the Service. Our decision is final and non-contestable.
We do not guarantee that your Designer page and Campaigns will be accessible to all users of the Service and we will enable their display at our sole discretion.
General Registration Terms –
You must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may prevent you from registering to the Service and impair our ability to provide you with our Services and to contact you. You can update and modify your details from time to time through your account settings on the Service.
You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details when you sign-up. You are solely responsible and liable for all activities performed with or through your Service account. If you are applying on behalf of, or as, a legal entity (such as a company), then you represent and warrant that you are duly authorized by the legal entity to do so and that you are duly authorized to bind the legal entity to these Terms.
You are prohibited from selling or transferring your Service account in any way, to another user, entity or any third party.
BY SUBMITTING YOUR CONTACT DETAILS YOU PROVIDE US WITH YOUR EXPRESS CONSENT TO RECEIVE COMMERCIAL MESSAGES FROM THE COMPANY OR OTHERS ON ITS BEHALF. AT ANY TIME, YOU MAY WITHDRAW YOUR CONSENT AND NOTIFY US THAT YOU REFUSE TO RECEIVE COMMERCIAL MESSAGES, ALTOGETHER OR OF SPECIFIC KIND, BY SENDING A NOTICE OF CONSENT WITHDRAWAL. THE CHANNELS THROUGH WHICH YOU MAY SEND SUCH NOTICE WILL BE DETAILED IN THE COMMERCIAL MESSAGES SENT TO YOU BY THE COMPANY OR OTHERS ON ITS BEHALF.
If you use a username and password to log-in to the Service, you agree to maintain your username and password in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently. You agree to notify the Company of any breach or unauthorized use of your user account. Our contact details are specified at the bottom of these Terms.
We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Service, or when you submit requests related to your Service account. If you fail to provide us the requested information, we reserve the right to suspend or terminate your Service account or any Campaign, pursuant to these Terms.
ACCEPTABLE USE OF THE SERVICE
The following clauses define the acceptable use of the Service. Subject to the Terms, you may access, use and upload content to the Service (where applicable, e.g. when you set up a Designer page or apply for a new Campaign) and use content and features provided through the Service. When you use the Service as a Contributor, you may do so for your personal and non-commercial use only.
You agree to abide by all applicable local and international laws, regulations, rules and any usage guidelines that we may convey from time to time. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf. When using the Service, you agree to refrain from -
Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service and any part thereof;
Interfering with, burdening or disrupting the functionality of the Service;
Breaching the security of the Service or identifying any security vulnerabilities in it;
Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
Sending automated or machine generated queries;
Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service's functionality;
Displaying content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;
Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
Collecting, harvesting, obtaining or processing personal information regarding the Service’s users, whether Contributors or Designers, without their prior explicit consent;
Abusing, harassing, threatening, impersonating or intimidating other Contributors or Designers;
Linking to the Service from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation;
Uploading, publishing, disseminating, transmitting or otherwise communicating through, or to the Service, or making available on the Service, or when using the Service, content which may reasonably be deemed as -
Infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks;
Identifying minors, their personal details or their address and ways to contact them;
Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other malicious applications;
Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;
Constituting a violation of a person's right for privacy or right of publicity;
Prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;
False, inaccurate, deceptive or misleading;
Unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT THAT YOU SUBMIT, UPLOAD, PUBLISH, DISSEMINATE OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICE AND FOR THE CONSEQUENCES ASSOCIATED WITH DOING SO.
We encourage free speech on the Service. You may find some of the content posted by Designers or Contributors inaccurate, unhelpful, objectionable, annoying, improper, unlawful or immoral. You should always bear in mind that most of the content on the Service originates from its users, mostly by various Designers. We do not endorse any user content and its publication does not attest to our acceptance of it. We do not guarantee and make no representation or judgment about such content’s accuracy, adequacy, completeness, credibility, authenticity, validity, integrity or legality. You hereby release and agree to hold harmless the Company and its Staff from any and all causes of action and claims of any nature resulting from your and other users' activities, transactions and communications on and through the Service.
The Company may, but is under no duty to, review content or any Campaign that was uploaded to the Service and remove, block access or use of such content, or refuse to upload it on the Service, for any reason that the Company may consider to be justified at its sole discretion, including but not limited to the following reasons:
To prevent misuse of the Service;
If the Company deems the content or a Campaign to be in breach of the Terms, or an infringement of any applicable law;
If your account is terminated, either by yourself or by the Company;
If the uploaded content is allegedly infringing upon a third party's rights;
The Company does not warrant or guarantee that any content or Campaign that you wish to upload to the Service will be uploaded or that the Company will make such content or Campaign available indefinitely or for a specific period. When you remove content from your account or when you terminate your account, it is no longer available to you or to other users of the Service. However, a copy of the removed content may persist and be used by the Company for back-up and other administrative purposes, for a reasonable period of time or as provided in these Terms.
Unless otherwise indicated and in accordance to your Service account settings, the content you upload to the Service may be available to all Internet users or registered users of the Service. Please exercise caution and common sense when submitting personal details or any other sensitive or confidential information to public sections of the Service.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT AND ANY CAMPAIGN, OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.
MAKE YOUR HOMEWORK BEFORE MAKING A CONTRIBUTION
Contributing to future and upcoming collections of Designers include a certain degree of risk and uncertainty. Contributors must use careful discretion and judgment before making any Contribution. You assume sole and exclusive responsibility for: properly evaluating the risks and terms associated with any Contribution published by Designers on the Service; determining whether and to what extent those risks and terms are suitable, desirable and acceptable to you; and any and all consequences and outcomes (including legal and financial consequences) resulting from the above.
We encourage you to conduct your own pertinent research and review about the Designer you wish to contribute to, given that the Service does not necessarily provide all information you may require to properly evaluate the benefits and risks of a given contribution opportunity. The Company does not represent that Designers will fulfil their obligations to Contributors or that contributions will be used as described in each Campaign. Contributors use the Service at their own risk.
Contributors can reach out to a Designer with any question, request, comment or complaint, through the designated online contact form at each Designer’s page on the Service, or through the contact information provided by each Designer.
MAKING A CONTRIBUTION
Our service enables Contributors to browse through the various Designer pages and Campaigns and to make contributions by purchasing Credit Codes directly from the respective Designers. Designers will share their vision and inspiration for their upcoming collection and do not guarantee to provide specific items from such collection against the contribution.
When Designers post a Campaign, they are inviting potential Contributors to form an agreement with them. When Contributors are making a contribution by purchasing a Credit Code, they accept the Designers’ offer and form a direct binding agreement with them. The Company is not a side to such an agreement. Once you make a contribution through the Service, the respective Designer must complete the new collection portrayed in its Campaign and allow you to redeem your Credit Code by making a purchase from such a collection.
The term of each Campaign, contribution pricing, value, quantity and availability, as well as the ways available to Contributors to redeem their Credit Codes and make a purchase from the new collection of the Designer they contributed to, are determined independently by each of the Designers and for each Campaign and posted at the relevant Designer pages on the Service. A Credit Code will be always worth more than the contributed amount.
Upon contributing, you will receive an email with your Credit Code that you can redeem at the Designer’s store or studio, either online or brick and mortar, once the new collection launches. You may also receive regular updates from the Designer on their process during the creation of the collection. Please pay attention to the information provided by the Designers for each Campaign, as not all Designers will enable you to redeem the Credit Code online.
YOU CAN USE AND REDEEM ANY CREDIT CODE WITHIN 12 MONTHES FROM THE DATE ON WHICH THE DESIGNER LAUNCHES THE NEW COLLECTION, UNLESS AGREED OTHERWISE BY THE RESPECTIVE DESIGNER.
CREDIT CODE CAN ONLY BE APPLIED TO A FULL ITEM PRICE, UNLESS AGREED OTHERWISE BY THE RESPECTIVE DESIGNER.
The Designers alone are responsible for fulfilling the obligations made in their Campaigns. If they are unable to fulfil their obligations towards the Contributors, they may be subject to legal action by their respective Contributors. We do not oversee Campaigns’ performance and do not mediate between Designers and their Contributors.
We encourage Contributors to treat Campaigns and contribution options available through the Service with caution and discretion. We do not guarantee and make no representation or judgment about such Campaigns’ accuracy, adequacy, completeness, credibility, authenticity, validity, integrity or legality. You hereby release and agree to hold harmless the Company and its Staff from any and all causes of action and claims of any nature resulting from your and other users' activities and contributions you make on and through the Service.
If a Campaign is cancelled or terminated by the Designer or the Company, for any reason, during the Campaign period, we will refund your contribution within reasonable time and you will have no plea, claim or demand against us or our Staff for the cancellation of the Campaign or your contribution.
PAYMENT FOR CONTRIBUTIONS
Contributions can only be paid for in the then-current payment methods, as available on the Service, such as payment through your PayPal account or through use of a valid credit card. We may, from time to time, and without specific notice to you, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods.
Payment methods are processed and handled through relevant third parties, such as PayPal or other payment processors. Payment methods are therefore subject not only to these Terms, but also the terms and conditions of these third parties pursuant to your contractual relations with them. You acknowledge that the third parties processing any of the payment methods may charge you commission on their end of the transaction. The Company is not responsible for such commission, which is strictly within your contractual relations with the relevant payment method processor.
By completing the contribution process, you give your consent to making the applicable contribution to the Designer in question, and to being billed for the applicable contribution, in addition to any applicable taxes, surcharges or commissions. We may require additional information from you before completing payment transactions.
By associating one or more payment methods with your Service account, during registration to the Service, or thereafter, you represent and warrant that you are lawfully permitted to use the selected payment method in connection with the Services.
CANCELLING A CONTRIBUTION AND REFUNDS
Contributors may cancel their contribution at any time during the term of a Campaign, and receive a full refund of their contribution. In addition, Contributors may cancel their contribution at any time within ninety (90) days from the date on which the contribution was made, and receive a full refund of their contribution, unless they already redeemed the applicable Credit Code. To cancel a contribution, Contributors must contact us in writing through the following email: email@example.com or through our online contact form.
Following such cancelation, we will invalidate the Credit Code provided to you and inform the respective Designer about the cancellation.
In any other case, Contributors can only cancel their contributions by reaching a separate agreement with the respective Designer. In such a case, it is the respective Designer’s responsibility to refund the contribution, not the Company’s.
TRANSFERRING CONTRIBUTIONS TO THE DESIGNERS
Within 3 days following the conclusion of each Campaign, Subject to these Terms and until these Terms are terminated, the Company will transfer to each Designer all the accumulated contributions made by Contributors to the applicable Campaign, as documented in our internal records, less any refunds and cancelled contributions (the “Designer Payments”).
We will charge each Designer a commission of five percent (5%) (the “Commission”) from all valid contributions made through the Service (net of any transaction fees). The Commission and all applicable transaction fees and surcharges will be deducted from the Designer Payments.
As Contributors may cancel their contribution at any time within ninety (90) days from the date on which the contribution was made, some contributions may be canceled by Contributors after such contributions were already transferred to the respective Designer. In such a case, the Company will notify the respective Designer of the cancellation of the contribution and Designer agrees that it will pay and return to the Company any such cancelled contribution within 3 days following the Company’s notice to the Designer. The Company is entitled to deduct such payments from any future Designer Payments.
We may require additional information from you, before remitting Designer Payments to you, including information necessary to verify your identity, account information, and the details of your account on PayPal or other payment provider.
Designer Payments are subject to the processing methods, commissions and limitations entailed in any payment processors services operated and handled by third parties, and subject to the terms and conditions of such relevant third parties. You acknowledge and agree that Designer Payments may be subject to changes and fluctuations due to eventualities such as currency rate calculations, which are dictated by the relevant payment processors services.
You bear sole and exclusive responsibility for verifying the accuracy of all payment account details that you provide to us, and for all consequences of any erroneous or inaccurate payment account details you provide to us. You will have no plea, claim or demand against us regarding Designer Payments not being remitted to your account (including payments lost or remitted to a third party’s account), arising from or in connection with any erroneous or inaccurate payment account details you provide to us.
We will not be responsible for any delay in furnishing Designer Payments to you resulting from any reason beyond our control.
If you believe that you did not receive the Designer Payments that you are entitled to, then you may submit a complaint to us through our contact channels listed below. In the process of investigating your complaint, we will conduct an inquiry that includes comparing the information in your complaint to that in our internal records and in the records of others involved in the operation of the Service. If your complaint is found to be inconsistent with the information contained in these records, then the information contained in these records will prevail and will be non-contestable.
You must assist us by providing any other information we request from you. By declining to provide further information despite our request, you relinquish all claims that you may have against us, or any third party, in respect to your complaint. Upon the completion of our inquiry we will advise you of the decision.
To the extent we are legally mandated under the applicable tax laws, we will deduct the applicable taxes from the Designer Payments we remit to you and you will receive the remaining net amount after such deductions. The contributions made by Contributors’, as remitted to the Designer, may be subject to national, state or local taxes. You are solely responsible for reporting the contributions and any other direct transaction between Designer and Contributors to the applicable tax authorities, and paying all taxes applicable to the contributions you received or any other transaction, as required by the applicable tax laws. Upon our first request, you agree to promptly provide us with all tax forms, certificates or authorizations as may be necessary under the applicable tax laws.
All rights, title and interest in and to the Service (except – as provided herein with respect to Designers', Contributors, and third parties' content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to the Company.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Service, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of the Company. You must refrain from any action or omission which may dilute, or tarnish our goodwill.
WE DO NOT CLAIM OWNERSHIP OVER CONTENT THAT YOU SUBMIT, UPLOAD, PUBLISH, DISSEMINATE OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICE, WHETHER AS A DESIGNER, WHEN YOU SET UP YOUR DESIGNER PAGE OR CREATE NEW CAMPAIGNS, OR WHEN USING THE SERVICE AS A CONTRIBUTOR. WHEN YOU USE THE SERVICE TO DO THIS, YOU REPRESENT AND WARRANT TO US THAT -
YOU ARE THE RIGHTFUL OWNER OF ALL RIGHTS TO SUCH CONTENT OR ARE LAWFULLY LICENSED BY ALL THE RIGHTFUL OWNERS TO SUBMIT, UPLOAD, PUBLISH, DISSEMINATE OR OTHERWISE MAKE AVAILABLE SUCH CONTENT ON THE SERVICE;
YOU ARE LAWFULLY ENTITLED TO GRANT US THE LICENSES IN AND TO SUCH CONTENT, AS CONTEMPLATED BY THESE TERMS;
YOU LAWFULLY OBTAINED THE CONSENT OF ALL INDIVIDUALS, AND THE PARENTS OR LEGAL GUARDIANS OF ALL MINORS (IF ANY), DEPICTED OR SHOWN IN THE CONTENT, TO DISPLAY THEM, EXPLOIT THEIR IMAGE, LIKENESS AND PUBLICITY RIGHTS, AND USE THE CONTENT DEPICTING OR SHOWING THEM, FOR THE PURPOSES AND IN THE MANNERS CONTEMPLATED BY THESE TERMS;
YOU LAWFULLY OBTAINED A LICENSE FROM THE LAWFUL LICENSORS OF ALL INTELLECTUAL-PROPERTY PROTECTED ELEMENTS (INCLUDING TRADEMARKS, COPYRIGHTED WORKS AND DESIGNS) WHICH ARE DEPICTED, SHOWN OR INCORPORATED IN THE CONTENT, TO EXPLOIT SUCH ELEMENTS, AND TO USE THE CONTENT DEPICTING OR SHOWING THEM, FOR THE PURPOSES AND IN THE MANNERS CONTEMPLATED BY THESE TERMS; AND
UPLOADING, POSTING, PUBLISHING, DISSEMINATING OR OTHERWISE MAKING THE CONTENT AVAILABLE THROUGH THE SERVICE, DOES NOT INFRINGE ON ANY RIGHTS OF THIRD PARTIES, INCLUDING INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS AND PUBLICITY RIGHTS.
By submitting content, including data, images, videos and text to the Service, you grant the Company a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license, to copy, distribute, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, sub-license, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with or incorporate into other content, modify and create derivative works on the Service, and in other communication and information networks, platforms, applications and services. You further waive all rights of attribution with respect to the use of your content.
REQUESTS TO REMOVE CONTENT FROM THE SERVICE
We respect the intellectual property, privacy and any other rights of others. Requests to remove content that purportedly infringes or violates third party rights, such as copyright or privacy, from the Service, or counter requests, must be made in accordance with our Content Takedown Policy. After receiving a request to remove or re-post content on the Service, we will consider the request and act in accordance with the applicable law.
In addition to the display of the Designers pages, we may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from us or from third parties. If such information originates from third parties (including the Designers pages) we cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by the Company does not constitute a recommendation or encouragement to procure the goods or services advertised. We may allow advertisers to use the Service to conduct surveys and/or approach the Service’s users with questions of commercial nature.
The Service may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or source, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the Service, your breach of the Terms, your violation, or infringement of any other person’s or entity’s rights, or your activities, offers, Campaigns, contributions and communications on or through the Service.
ACCOUNT SUSPENSION AND TERMINATION
In addition to any remedies that may be available to us under any applicable law, or these Terms, we may temporarily or permanently deny, limit, suspend, or terminate your account, prohibit you from accessing the Service and take technical and legal measures to keep you off the Service, if the Company determines, at its sole discretion that -
You have abused your rights to use the Service; or,
You have breached the Terms; or,
You have performed any act or omission that violates any applicable law, rules, or regulations; or,
You have performed any act or omission which is harmful or likely to be harmful to the Company, or any other third party, including other users and providers of the Service; or,
You used the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
You have abandoned your account for more than six (6) months since your last use of the Service; or,
You deliberately submitted false information or have failed to comply with our requests for information regarding your identity or user account; or,
You conveyed your account to another person or entity; or,
You are in debt to us.
Upon termination of these Terms or your account, for any reason -
Your right to use the Service is terminated and you must immediately cease using the Service; and,
We reserve the right (but have no obligation) to delete all of your information, content and account data stored on our servers; and,
We will not be liable to you or any third party for termination of access to the Service or for deletion of your information, content or account data.
The following sections shall survive any termination, or expiration of the Terms: Account Suspension and Termination, Privacy, Intellectual Property, Limitation of Liability, Indemnity, Governing Law & Jurisdiction.
CHANGES IN THE SERVICE AND DISCONTINUATION
We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, at our sole discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our Staff, for any of these releases or the lack thereof.
We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service. Such changes, by their nature, may cause inconvenience or even malfunctions.
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
We may, at any time and at our sole discretion, discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users (including Designers and Contributors), or for certain users, without any liability to you. We may also suspend the provision of the Service, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.
SERVICE AVAILABILITY AND SUPPORT
The availability, quality and functionality of the Service depend on various factors and elements, including software, hardware and the quality of broadband/cellular/Wi-Fi network connectivity, which are partially provided by third parties. These factors are not fault free.
WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES, OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
You acknowledge that the Service does not include any designated data back-up services, including with respect to any content or any other data that you upload or use or that we save on our servers.
We may, but are not obligated to, offer technical support in connection with your use of the Service, in the format, frequency, scope and scheme that we, at our sole discretion, determine from time to time. You will have no plea, claim or demand against us or our Staff in any matter related to our provision of technical support, or for the lack thereof.
CHANGES TO THE TERMS
From time to time, we may change the Terms. If you are a registered Contributor or Designer, we will provide you notice of such changes through the Service interface or by sending you an email notice. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. In case of legal requirement, we may also introduce immediate changes to the Terms and require that you accept them. In any event, if you do not consent to the amended Terms, we may terminate these Terms and your account and block your access to, and use of, the Service. The latest version of the Terms will always be accessible on the Website.
DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. IT CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, YOUR ACCOUNT, THE CONTENT AND OTHER MATERIALS POSTED ON THE SERVICE, ANY INTERACTION RELATED TO THE SERVICE AND ANY COMMUNICATION BETWEEN YOU AND THE SERVICE AND ANY OF ITS USERS (DESIGNERS AND CONTRIBUTORS).
WE AND OUR STAFF DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRECTNESS, RELIABILITY, LEGAL COMPLIANCE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, RESULTS OR OUTCOMES OF FUNDRAISING, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY WITH REGARD TO THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS. WE DO NOT MAKE ANY COMMITMENTS THAT CONTRIBUTORS WILL CONTRIBUTE TO ANY PARTICULAR DESIGNER, OR AT ALL.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE USE OF, OR THE INABILITY TO USE THE SERVICE OR THE MATERIALS AND CONTENT PRESENTED ON IT, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM YOUR RELIANCE ON THE CONTENT OR MATERIALS PRESENTED ON THE SERVICE, OR FROM ANY EXPECTATIONS FOR CONTRIBUTIONS OR OUTCOME, OR FROM ANY EXPECTATIONS FOR USE OF CREDIT CODES OR OUTCOMES, OR FROM ANY LEGAL OR CONTRACTUAL NON-COMPLIANCE OF THE CONTENT OR OTHER MATERIALS PRESENTED ON THE SERVICE, OR FROM ANY CONTRIBUTION LOSSES IN CONNECTION WITH THE SERVICE, OR FROM ANY LOST OR MISSED CONTRIBUTION OPPORTUNITIES, OR FROM ANY ERROR MADE BY OUR STAFF, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH US OR THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS, DEALINGS, CONTRIBUTIONS, ENGAGEMENTS AND TRANSACTIONS IN CONNECTION WITH THE SERVICE OR WITH OTHER USERS OF THE SERVICE (DESIGNERS AND CONTRIBUTORS), OR FROM ANY DENIAL OR CANCELATION OF YOUR ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT.
GOVERNING LAW & JURISDICTION
Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be exclusively governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel.
Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause above, in any court adjudicating a third party claim against us.
The competent courts in the Tel-Aviv district in Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of the Israeli forum.
These Terms constitute the entire agreement between you (as a Designer or a Contributor) and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Without derogating from our right the change these Terms, as provided herein, no waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us will be effective unless consented to explicitly and executed in writing by our authorized representative.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
CHANGES IN OWNERSHIP
In the event of a company merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party. With such assignment, transfer and delegation, we are irrevocably and fully released from all rights, performance, duties, liabilities and obligations under these Terms.
You may not assign or transfer your rights and obligations under the Terms, as a Designer or a Contributor, without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court or instance, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect, as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at: Fashion Trust Ltd, 90 Ahad Ha'am Street, Tel-Aviv 6520711, Israel; Email: firstname.lastname@example.org or through our online contact form.
Last updated: July 18 2016