November 27, 2008

Welcome to OurFashionLine, a social networking service that connects you with your friends and supporters. By accessing or using our web site at www.OurFashionLine.com, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of OurFashionLine. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

Use of the OurFashionLine Services and registration to be a Member for the OurFashionLine Services (“Membership”) is

void where prohibited.  By using the OurFashionLine Services, you represent and warrant that (a) all registration information

you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or

older; and (d)your use of the OurFashionLine Services does not violate any applicable law or regulation.  Your profile may

be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if

we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18

and represent yourself as under 18.

Term

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use

OurFashionLine Services or are a Member.  You may terminate your Membership at any time, for any reason, by following

the instructions on the Member's Account Settings page.  OurFashionLine may terminate your Membership at any time, for

any or no reason, with or without prior notice or explanation, and without liability.  Even after Membership is terminated,

this Agreement will remain in effect.

Fees

You acknowledge that OurFashionLine reserves the right to charge for any portion of the OurFashionLine Services and to

change its fees (if any) from time to time in its discretion.  If OurFashionLine terminates your Membership because you

have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

Password

When you sign up to become a Member, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party.  You agree to notify OurFashionLine immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.

Proprietary Rights in Contents 

OurFashionLine does not claim any ownership rights in the text, files, images, photos, sketches, works of authorship,

you post on or through the OurFashionLine Services.  After posting your Content to the OurFashionLine Services, you

continue to retain any such rights that you may have in your Content, subject to the limited license herein.  By displaying or

publishing ("posting") any Content on or through the OurFashionLine Services, you hereby grant to OurFashionLine a

limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content

solely on or through the OurFashionLine Services, including without limitation distributing part or all of the OurFashionLine

Website in any media formats and through any media channels, except Content marked “private” will not

be distributed outside the OurFashionLine Website.   

The license you grant to OurFashionLine is non-exclusive (meaning you are free to license your Content to anyone else in addition to OurFashionLine), fully-paid and royalty-free (meaning that OurFashionLine is not required to pay you for the use on the OurFashionLine Services of the Content that you post), sublicensable (so that OurFashionLine is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the OurFashionLine Services), and worldwide (because the Internet and the OurFashionLine Services are global in reach).  
 
You represent and warrant that: (i) you own the Content posted by you on or through the OurFashionLine Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the OurFashionLine Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the OurFashionLine Services.  
 
The OurFashionLine Services contain Content of OurFashionLine ("OurFashionLine Content").  OurFashionLine Content is protected by copyright, and OurFashionLine owns and retains all rights in the OurFashionLine Content and the OurFashionLine Services.  OurFashionLine hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the OurFashionLine Content (excluding any software code) solely for your personal use in connection with viewing the OurFashionLine Website and using the OurFashionLine Services.  
 
OurFashionLine Services contain Content of Users and other OurFashionLine licensors.  Except as provided within this Agreement, you may not sell any Content appearing on or through the OurFashionLine Services. 
 

User Conduct

You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. 
 
In addition, you agree not to use the Service or the Site to:

• harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
• register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from the OurFashionLine, or create a false identity on the Service or the Site.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of OurFashionLine, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose OurFashionLine or its users to any harm or liability of any type.

User Content Posted on the Site

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the OurFashionLine may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the OurFashionLine violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the OurFashionLine. 
 
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the OurFashionLine an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the OurFashionLine may retain archived copies of your User Content. OurFashionLine does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Design Contests

When you enter the monthly design contest, you certify that the sketch design you submit is your original work and has never been copyrighted or, if copyrighted, that you are the sole copyright owner. You are entering the design contest as an honest and true effort of your personal creativity and unique artistic vision, and you understand that it will be published on the Internet as your original work and under your own copyright. You understand that your submission will be reviewed before it is accepted for the contest. If your design is offensive, artificially enhanced, or of poor image quality, then it may be disqualified.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the OurFashionLine website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our OurFashionLine Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our OurFashionLine Copyright Policy for more information on how to report infringement of your copyright.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, OurFashionLine has adopted a policy of terminating, in appropriate circumstances and at OurFashionLine's sole discretion, members who are deemed to be repeat infringers. OurFashionLine may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites and Content

The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, information, and other content or items belonging to or originating from third parties. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Terms of Sale

By ordering becoming a Club member, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time.

Payment Method and Terms

We accept Visa, MasterCard, Discover and Paypal as forms of payment. By becoming a Club member through OurFashionLine, you authorize the OurFashionLine, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars. When you provide your credit card number to OurFashionLine, you may authorize us to store your credit card number and related payment information.

User Disputes

You are solely responsible for your interactions with other OurFashionLine users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Privacy

We care about the privacy of our users. Click here to view the OurFashionLine's Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers

The OurFashionLine is not responsible or liable in any manner for any User Content or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by OurFashionLine, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The OurFashionLine is not responsible for the conduct, whether online or offline, of any user of the Site or Service. 
 
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. OurFashionLine assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. OurFashionLine is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will OurFashionLine be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline. 

OurFashionLine reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice.

Limitation on Liability

IN NO EVENT WILL OURFASHIONLINE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE OURFASHIONLINE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE OURFASHIONLINE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OURFASHIONLINE FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE OURFASHIONLINE'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO OURFASHIONLINE FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM OURFASHIONLINE, REGARDLESS OF THE CAUSE OF ACTION. 
 
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Termination

OurFashionLine may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18.

Indemnity

You agree to indemnify and hold OurFashionLine, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, or Content you post or share on or through the site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to OurFashionLine are non-confidential and shall become the sole property of OurFashionLine. OurFashionLine shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Other

These Terms of Use constitute the entire agreement between you and OurFashionLine regarding the use of the Site and/or the Service, superseding any prior agreements between you and OurFashionLine relating to your use of the Site or the Service. The failure of OurFashionLine to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.