Welcome to the NetFashionAvenue.com Web Site (the “Site”)! This Site is owned
and operated by Net Avenue LLC, a Missouri Limited Liability Company (the “Company”).
Your access to and use of the Site is subject to the Terms and
Conditions set forth in this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE. BY
ACCESSING AND BROWSING THE SITE, YOU WILL BE ACKNOWLEDGING THAT YOU
HAVE READ THIS AGREEMENT AND AGREED WITHOUT LIMITATION OR
QUALIFICATION, TO BECOME A PARTY TO, AND TO BE LEGALLY BOUND BY, THIS
AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. THE COMPANY MAY, FROM
TIME TO TIME, MAKE CHANGES OR ADDITIONS TO THIS AGREEMENT, AND YOUR
CONTINUED USE OF THE SITE AFTER THE COMPANY MAKES SUCH CHANGES OR
ADDITIONS WILL SIGNIFY THAT YOU AGREE TO SUCH CHANGES OR ADDITIONS. YOU
SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN
CURRENT TERMS AND CONDITIONS.
1. AUTHORIZED USES. The Company, authorizes you to use this Site and to
display its content but solely for your own noncommercial, personal
use. Any other use is strictly prohibited. You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Site, use of the Site, or access to the Site.
2. PROPRIETARY RIGHTS. You should assume that everything that you see
or read on the Site is protected under the copyright laws of the United
States and other countries and may not be used except as provided in
these Terms and Conditions. The Company neither represents nor warrants
that your use of materials displayed at the Site will not infringe
rights of third parties.
3. INACCURACIES AT THE SITE. While the Company uses reasonable efforts
to include accurate and up to date information in the Site, the Company
makes no warranties or representations as to the Site’s accuracy. The
Company disclaims any and all liability for the content of this
information, including, but not limited to, the accuracy, completeness,
correctness, or currentness of this information.
4. SECURITY AT THE SITE. While the Company uses reasonable efforts to
safeguard the security of the Site, there can be no guaranty that such
safeguards will successfully prevent unauthorized alterations in the
content or functionality of the Site. The Company assumes no liability
or responsibility for any unauthorized alterations in the content or
functionality of the Site.
5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES. Your use of and
browsing in the Site are at your risk. Neither the Company nor any
other party involved in creating, producing, or delivering the Site
makes any representations about the suitability of the content of this
Site for any purpose, nor that your use of the Site will be
uninterrupted or error-free. NO SUCH PARTY SHALL BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES
ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. EVERYTHING ON THIS
SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. Please note that some jurisdictions may not allow the
exclusion of implied warranties, so some of the above exclusions may
not apply to you. Check your local laws for any restrictions or
limitations regarding the exclusion of implied warranties. The Company
also assumes no responsibility, and shall not be liable for, any
damages to, or viruses that may infect, your computer equipment or
other property on account of your access to, use of, or browsing in the
Site or your downloading of any materials, data, text, images, video,
or audio from this Site. IN NO EVENT SHALL THE COMPANY’S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER
IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR ACCESSING THIS SITE.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION AT THE SITE, Any
unsolicited communication or material that you transmit to the Site by
electronic mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, non-confidential
and non-proprietary. Any unsolicited communication or material that you
transmit or post may be used by the Company or its affiliates for any
purpose, including, but not limited to, reproduction, disclosure,
transmission, publication, broadcasting, distribution or posting.
Furthermore, the Company is free to use any ideas, concepts, know-how,
or techniques contained in any unsolicited communication or material
that you send to the Site for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products using such
information.
7. IMAGES OF PEOPLE OR PLACES. Images of people or places displayed on
the Site are either the property of, or used with permission by the
Company. Notwithstanding anything to the contrary contained herein, the
use of these images by you, or anyone authorized by you, is prohibited
unless specially permitted by these Terms and Conditions or specific
permission provided elsewhere in the Site. Any unauthorized use of the
images may violate copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and statutes
8. TRADEMARK INFORMATION. The trademarks, logos, and service marks
(collectively the “Trademarks”) displayed on the Site, are registered
and unregistered Trademarks of the Company and others. Nothing
contained on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark
displayed on the Site without the written permission of the Company or
such third party that may own the Trademarks displayed on the Site.
Your misuse of the Trademarks displayed on the Site, or any other
content on the Site, except as provided in these Terms and Conditions,
is strictly prohibited. You are also advised that the Company will
aggressively enforce its intellectual property rights to the fullest
extent of the law, including the seeking of criminal prosecution.
9. HOLLYWOOD RECREATIONS/HOLLYWOOD AWARDS. All apparel
identified as Hollywood Recreations, Hollywood Awards, Celebrity
Inspired, Red Carpet, Celebrity Recreations, Awards Ceremony, Celebrity
Look Alike, Popular Awards, and the like, are not licensed from or
sponsored by The Academy of Motion Picture Arts and Sciences, or by any
individual or company appearing at or associated with its award
ceremonies and events, including fashion designers and their respective
companies, nor are any such entities affiliated with or a sponsor of
the Site.
10. LINKS. The Company has not reviewed any sites that may be linked to
the Site and is not responsible for the content of any off-site pages
or any other sites linked to the Site. Your linking to any other
off-site pages or other sites is at your own risk.
11. CONDUCT OF SITE VISITORS. Although the Company may from time to
time monitor or review postings, transmissions, and the like on the
Site, the Company is under no obligation to do so and assumes no
responsibility or liability arising from the content of any such
locations nor for any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger, or inaccuracy
contained in any information within such locations on the Site. You are
prohibited from posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise to civil
liability, or otherwise violate any law. The Company retains the right
to remove any such posting and will fully cooperate with any law
enforcement authorities or court order requesting or directing the
Company to disclose the identity of anyone posting any such information
or materials. The company reserves the right to display all information the
company may have about the customer in court cases and or to defend the company against
oral or physical attacks against any member or employ of the company. The company
reserve the right to defends itself against any attacks for intentional defamation
of the company reputation. The company reserves the right to display the attacker's name,
address, IP info and all remaining information the company may have of the attacker to
defend company's name. THE COMPANY RESERVES THE RIGHT TO REFUSE SERVICE TO ANY CUSTOMER FOR ANY REASON WITHOUT PRIOR CONSENT BY THE CUSTOMER.
12. DEALINGS WITH ADVERTISERS Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or
through the Site, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you
and such advertiser. You agree that the Company shall not be
responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of
such advertisers on the Site.
13. NOTICES. The Company may give notice to its users by means of a
general notice on this Site, electronic mail to a user’s e-mail address
on its records, or by written communication sent by first class mail to
a user’s address on its records.
14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
The Company respects the intellectual property of others, and we ask
our users to do the same. If you believe that your work has been copied
in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide the
Company’s Copyright Agent with the following information:
(i) A physical or electronic signature of the person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
(ii) Identification of the copyrighted work claimed to have been
infringed, or if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works
at that site;
(iii) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone number,
and if available, an electronic mail address at which the complaining
party may be contacted;
(v) A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law;
(vi) A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
15. INTERNATIONAL USE. None of the products or underlying information
or technology available at this Site may be downloaded or otherwise
exported (i) into (or to a national or resident of) Cuba, Iraq, Iran,
Libya, North Korea, Sudan, Syria, or any other country to which the
United States has embargoed goods; or (ii) to anyone on the United
States Treasury Department’s list of Specially Designated Nationals or
the U.S. Commerce Department’s Table of Deny Orders. By downloading
from, or using the Site, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such
country or on any such list. You further agree to indemnify the Company
against any and all costs, liabilities, losses or expenses arising
from, or relating to, any asserted violation by you of any of the laws
and administrative regulations of the United States relating to the
control of exports of commodities and technical data.
16. MONITORING, COPYING, ALTERING OR INTERFERING WITH THE SITE. You
agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our web pages or the content
contained herein without our prior expressed written permission. You
agree that you will not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Site.
You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on our infrastructure.
You agree that you will not copy, reproduce, alter, modify, create
derivative works, or publicly display any content from our website
without the prior expressed written permission of the Company or the
appropriate third party.
17. GENERAL INFORMATION. These terms and conditions shall be governed
by and construed in accordance with the laws of the State of Missouri,
without giving effect to any principles of conflicts of law. You agree
that any action at law, any arbitration or in equity arising out of or relating to these
Terms and Conditions shall be filed at your own expense, only in the state or federal courts
located in Jackson County and you hereby consent and submit to the
personal jurisdiction of such courts for the purposes of litigating any
such action. If any provisions of these Terms and Conditions shall be
unlawful, void, or for any reason unenforceable, then the provision
shall be deemed severable from these Terms and Conditions and shall not
affect the validity and enforceability of any remaining provisions. Our
failure to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement between us
with respect to the subject matter hereof.
Copyright 2012 NetFashionAvenue.com. All rights reserved.
Please also read our
Return Policy,
Shipping Policy and
Privacy Policy