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DetroitFashionWeek.com:
Web Site Terms and Conditions
Introduction
This document sets forth the terms and conditions
(these "Terms and Conditions") governing your use of "DetroitFashionWeek.com",
an Internet Web site (the "Site") operated by Detroit
Fashion Week LLC. ("Detroit Fashion Week"), and the "Content"
(defined below), information, links and services made available
on and through the Site. Please read these Terms and Conditions
carefully. These Terms and Conditions will form a binding Agreement
between you (also referred to as "user") and us, Detroit
Fashion Week.
Acceptance of these Terms and Conditions
Your use of the Site indicates your acceptance of
these Terms and Conditions. If you do not accept these Terms and
Conditions, you may not use the Site. Your use of the Site is a
privilege. Your continued use of the Site constitutes your agreement
to these Terms and Conditions. If at any time you do not agree to
these Terms and Conditions, you must cease your use of this Site.
Notwithstanding the above, Detroit Fashion Week reserves the right
to suspend your use of the Site for any reason at any time, in its
sole discretion.
Changes to these Terms and Conditions
Please review these Terms and Conditions each time
you visit the Site. The information contained in these Terms and
Conditions may be changed or updated by Detroit Fashion Week in
whole or in part from time to time without prior notice to you by
posting the modified Terms and Conditions to the Site. Any changes
to these Terms and Conditions will be effective immediately upon
Detroit Fashion Week’s posting of them to the Site.
Intellectual Property
The text, graphics, designs, logos, button icons,
images, audio clips, data compilations and information (the "Content")
contained on the Site are owned or controlled by Detroit Fashion
Week and the other respective beneficial rights owners of the Content,
and are protected by United States and international copyright laws.
You may download the Content "as is" to a "Computer"
(defined below) solely for your personal use and only for non-commercial
purposes. Therefore, you may NOT (and you may not cause any third
party to) send or post a downloaded of the Content from the Site
to personal or corporate blogs, vlogs and the like (e.g., blogster.com,
wordpress.com, etc.), video share Web sites (e.g., YouTube.com,
GoogleVideo.com, Flickr.com, etc.), social Web sites (e.g., myspace.com,
friendster.com, facebook.com, Bebo.com, cyworld.com, etc.) or other
Web sites or IP addresses where the Content can be posted, shared,
and/or re-downloaded. You may NOT edit, modify or further reproduce
the Content for any purpose whatsoever.
All logos, identifications, word marks, trade names,
trade dress and other trademarks displayed on the Site ("Trademarks")
are registered Trademarks of Detroit Fashion Week and/or of the
respective Trademark’s beneficial rights owner. Depictions
of products or services on the Site are Trademarks of their respective
beneficial rights owners and are protected in the United States
and internationally. No use of any Trademarks may be made without
the prior written authorization of Detroit Fashion Week and/or the
respective beneficial rights owners of the Trademarks except to
identify the products or services associated therewith. Nothing
contained herein shall be construed as conferring any license or
right to any of the patents, copyrights or Trademarks embodied in
the Site. All rights, title and interest in the Content and the
Trademarks shall reside solely with Detroit Fashion Week or the
respective beneficial rights owners thereof.
Detroit Fashion Week does not want to receive any
confidential or proprietary information from you through the Site
and any information or materials sent to Detroit Fashion Week through
the Site in respect of any products or services referenced or offered
on the Site will be deemed NOT to be confidential. By sending Detroit
Fashion Week any information or materials regarding the Site or
Detroit Fashion Week’s business, you grant Detroit Fashion
Week an unlimited, worldwide, irrevocable right and license to use,
reproduce, display, perform, modify, transmit, exploit and distribute
those materials and/or information, and you also agree that Detroit
Fashion Week is free to use any such submitted (even if unsolicited)
ideas, inventions, concepts, know-how or techniques that you send
Detroit Fashion Week via the Site or otherwise for any purpose.
Such purposes may include disclosure to third parties and/or developing,
manufacturing and/or marketing goods or services.
Representations of the Site’s Users
By using the Site, you hereby represent and warrant
to Detroit Fashion Week that: (i) all information and data contained
in any transmission or submission by you is either owned by you
or rights have been granted to you permitting you to disseminate
the information as set forth in these Terms and Conditions; and
(ii) the information and data contained in any transmissions and
submissions by you does not infringe on the intellectual property
rights of others, including but not limited to, copyright, trademark,
patent, or trade secret rights.
Limitations on Information Submitted
Any submission or transmission of information and
data by you through the Site to Detroit Fashion Week is subject
to the following additional guidelines and restrictions:
1. It may not contain URLs or links to any other
Internet Web sites;
2. It may not contain copyrighted material (unless you own the copyright
or have the beneficial rights owner's written permission to post
the copyrighted material);
3. It may not contain trade secrets (unless you own them or have
the beneficial rights owner's written permission to provide or post
them);
4. It may not contain material that infringes on the intellectual
property rights of others, including but not limited to copyright,
trademark, patent, or trade secret rights;
5. It may not contain information or data that is known by you to
be slanderous, untrue, false or misleading or that does not fairly
or accurately depict or describe the subject matter that is the
subject of the information and data provided or posted by you;
6. It may not contain information or data which impersonates another
entity or person whether living or dead, misstates the identity
of any entity or person whether living or dead, or misstates or
misleads as to gender, race, religious preference, sexual preference
or age;
7. It may not contain viruses, bots, Trojan horses or other programs
or information which disrupts, crashes, hacks into, or otherwise
interferes with the operation of the Site;
8. It may not be sent for the purpose of "flooding", "mailbombing"
or "crashing" the Site;
9. It may not solicit money, donations, investments, financial advice,
or make any offering of securities or investments; and/or
10. It may not be, or operate as, chain letters or pyramid schemes.
Monitoring of Information and Data
Detroit Fashion Week does NOT assume any obligation
to review the accuracy, completeness, truthfulness or content of
any information and data submitted and transmitted to the Site by:
(1) you, (2) other users of and visitors to the Site, or (3) persons
and entities promoting, offering or responsible for the Content,
products and/or services on the Site. Notwithstanding, Detroit Fashion
Week may in its discretion review information and data submitted
or transmitted to the Site for any purpose whatsoever and it reserves
the right, in its sole discretion, to reject any information and
data submitted and transmitted to the Site for any reason whatsoever.
Hyperlinks
From time to time, as a convenience to you, Detroit
Fashion Week may include links on the Site to third party Web sites,
or permit third parties Web sites to link to the Site. Links to
or from a third party Web site, whether provided by Detroit Fashion
Week or not, do not imply any affiliation between Detroit Fashion
Week and the other Web sites’ or their owners, or an endorsement
of such third party Web sites. Detroit Fashion Week may cancel any
link at any time and will remove any link from the Site upon request
from the beneficial rights owner of the linked Web sites. Such requests
should be sent to the Site’s administrator, support@detroitfashionweek.com
Availability
Not all of the Content, products and services described
on the Site are available or accessible in all geographic areas
of the world. You may not be eligible to view or receive all of
the described Content, products or services on the Site and Detroit
Fashion Week reserves the right to determine the eligibility of
any user for any Content, product or service. The Site’s separate
pages relating to the Content, products or services may provide
additional information on the availability of the Content, products
or services and may contain additional terms governing eligibility.
Children
The Site does not intend to market any of the Content,
products or services to children. Detroit Fashion Week’s does
not knowingly gather, or solicit data, from children through the
Site for marketing purposes.
Accuracy of the Content
Detroit Fashion Week will make every reasonable
effort to include accurate and up to date Content on the Site. Notwithstanding
the foregoing, Detroit Fashion Week provides the Content for your
informational purposes only and does not warrant or represent that
descriptions of the Content on the Site is complete, accurate, reliable,
current or error-free.
Disclaimer
THE SITE AND THE CONTENT AND INFORMATION ON THE
SITE IS PROVIDED AS IS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Detroit Fashion
Week MAKES NO REPRESENTATION OR WARRANTY THAT THE CONTENT AND INFORMATION
CONTAINED ON THE SITE WILL BE CURRENT, TIMELY, COMPLETE, UNALTERED,
ACCURATE, OR ERROR FREE. Detroit Fashion Week HAS NOT REVIEWED ALL
THE WEB SITES THAT MAY BE LINKED TO THE SITE AND DOES NOT ENDORSE
AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEB SITES OR
ANY ADDITIONAL WEB SITES LINKED TO THE LINKED WEB SITES. YOUR DECISION
TO USE AND ACTUAL USE OF THE LINKS TO ANY OF THE LINKED WEB SITES
IS AT YOUR OWN RISK. TO THE EXTENT THAT THE LAW DOES NOT PERMIT
THE DISCLAIMER OF WARRANTIES, ALL OF THE CONTENT ACCESSIBLE ON THE
SITE, OR ANY LINKED WEB SITES TO THE SITE, IS WARRANTED ONLY TO
THE MINIMUM AMOUNT LEGALLY REQUIRED. IN NO EVENT SHALL Detroit Fashion
Week BE LIABLE TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY
DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY
USE OF THE SITE, ANY OF THE LINKED WEB SITES, OR ANY WEB SITES LINKED
TO THE LINKED WEB SITES, INCLUDING, WITHOUT LIMITATION, ANY PROFITS,
BUSINESS INTERRUPTION, OR OTHERWISE. YOU AGREE TO INDEMNIFY, DEFEND
AND HOLD Detroit Fashion Week AND ITS AFFILIATED COMPANIES, OR ANY
OF THEM, HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY LIABILITY,
CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS AND EXPENSES, INCLUDING
BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COSTS OF SUIT, ARISING
OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS.
Governing Law and Venue
These Terms and Conditions are governed by the internal
substantive laws of the State of Michigan in the United States of
America, without respect to its conflict of laws principles. Jurisdiction
and venue for any claims arising under or in connection with your
use of the Site or these Terms and Conditions shall lie exclusively
with the state and federal courts within the State of Michigan.
You hereby irrevocably consent to the jurisdiction of the state
and federal courts within the State of Michigan. If any provision
of these Terms and Conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these
Terms and Conditions, which shall remain in full force and effect.
The failure of Detroit Fashion Week to enforce any term or condition
of these Terms and Conditions shall not be deemed a waiver thereof
and shall not prevent Detroit Fashion Week’s later enforcement.
Privacy Policy
Detroit Fashion Week is committed to protecting
your privacy and the security of all information and data on the
Site. To demonstrate this commitment, Detroit Fashion Week has adopted
the following privacy policy (this "Privacy Policy") based
on the principles of notice/awareness, choice/consent, access/participation
and integrity/security in the collection and use of all information
regarding the Site’s users and their activities at the Site.
Please review this Privacy Policy each time you use the Site as
it is subject to change at any time by Detroit Fashion Week without
notice to you. It is your obligation to review this Privacy Policy
from time to time. By accessing the Site you are indicating your
agreement to this Privacy Policy. Any changes to this Privacy Policy
will be effective immediately upon posting to the Site.
Notice of the Site’s Privacy Policy
This Privacy Policy tells you, among other things,
what information and data that Detroit Fashion Week gather or collect
from you via the Site, how Detroit Fashion Week may use or disclose
that information and data, and Detroit Fashion Week’s efforts
to protect that information and data. Please read this Privacy Policy
carefully.
What Types of Information and Data are Collected and Why?
Information and Data Submitted and Transmitted by
You At times, Detroit Fashion Week may ask you to provide information
and data about yourself or your business in order to enhance and
improve your use of the Site. For example, some of the information
and data that Detroit Fashion Week may ask you to provide may include
your name, title, company, address, phone number, email address,
and other relevant data. Detroit Fashion Week does not require this
information and data to obtain access to any area of the Site. This
information and data will enable Detroit Fashion Week to contact
you should the need arise or to respond appropriately to any request
or question you have about the Site.
Information Collected by the Site’s Cookies
Detroit Fashion Week may also make use of the Site’s
"cookies" feature (described below) to help you use the
Site more easily, and to help Detroit Fashion Week continuously
improve the Site. A "cookie" is a small data file that
the Site can send to the Internet browser you are using, which may
then be stored on the hard drive or server of the Computer you are
using to help the Site remember information about you when you return
to the Site, such as your preferences for the Site or your account
identifications. The Site’s cookies do not read data from
the hard drive of the Computer you are using, read cookie files
created by other Web sites, or track any personal information about
you. You may have the option of setting the Internet browser (e.g.,
Google, Yahoo!, etc.) you are using to reject cookies however doing
so may negatively impact upon the performance of the Site or restrict
Detroit Fashion Week in better serving your use of the Site. The
"help" portion of the toolbar on most Internet browsers
will tell you how to prevent the Internet browser you are using
from accepting new cookies, how to have the Internet browser notify
you when a new cookie is received, or how to disable the cookie
feature altogether.
Also, as the Site advertises the products and services of third
parties, when you click on the banners or pop-ups or hyperlinks
on the Site you must assume that information is being collected
about you. Detroit Fashion Week is not responsible for the use of
any information and data collected in such a manner. You must also
assume that (1) information and data will be collected, (2) that
cookies will usually be placed by Web sites on the hard drive of
the Computer you are using, (3) that Detroit Fashion Week has no
control over what happens with such third party collection of your
information and data, (4) that Detroit Fashion Week takes no responsibility
for the advertisers’, sponsors’ and/or vendors’
Web sites, (5) that Detroit Fashion Week is not responsible for
downloads from third party advertisers, sponsors and vendors that
contain viruses or worms or other computer code that causes harm
to the Computer or software you are using, and (6) that Detroit
Fashion Week assumes no responsibility for the information and data
that is garnered from the click itself or that the advertiser, sponsor
and/or vendor collects.
Email Information
If you send a person or entity an email from the
Site, or if you email the Site’s URL, you must assume that
some data is collected about IP address that you are using and/or
your email address and that of the person or entity to whom you
sent the email. You must assume that referred emails or Web site
pages may appear to come from your email. You must accept full responsibility
for referring emails and Web site pages to such person’s and
entities agree to indemnify Detroit Fashion Week for any damages,
intentional or unintentional, that result from said emails and URL
referrals.
How Does Detroit Fashion Week Use My Information Collected by Cookies?
Detroit Fashion Week will retain the information
collected by cookies on the Site on a secure server so that when
you revisit the Site, you will not need to re-enter your information.
Detroit Fashion Week may use the information collected by cookies
in an aggregated form to measure number of visits, average time
spent on the Site, pages viewed, and other relevant statistics.
In general, Detroit Fashion Week collects this information to measure
the overall visitor traffic, use of the Site and to improve the
Content of the Site.
Detroit Fashion Week uses your personally identifying
information collected by cookies on the Site to identify you as
a user of the Site and to assist and speed the completion of any
transactions and dealings on the Site. Detroit Fashion Week may
use your email address to contact you directly regarding services
or products that Detroit Fashion Week believes may be of interest
to you. Detroit Fashion Week may also use information collected
by cookies on the Site about your preferences and use and activities
at the Site, such as the particular pages you visit at the Site
and any transactions you effect through the Site, Detroit Fashion
Week may vary the Content you view in future your visits to the
Site based on your preferences, usage, and activities.
Disclosure of Aggregate Information
Detroit Fashion Week may combine your personally
identifying information, and information about your preferences,
usage and activities, with those of all or a particular group of
the Site’s users to prepare collective profiles of the Site’s
users and their preferences, usage and activities for Detroit Fashion
Week’s internal use. For example, Detroit Fashion Week may
track the number of the Site’s users who view certain pages
or use certain features on the Site or to track geographic trends.
Such information and data, and other information Detroit Fashion
Week derives from the Site’s individual users' information
and data, allows Detroit Fashion Week to continue to develop and
provide you with quality information and data through more accurate
marketing and advertising of the Site. Detroit Fashion Week may
share aggregated information concerning the Site’s users,
without attribution of personal information, to Detroit Fashion
Week’s sponsors, vendors, advertisers, affiliates and other
companies with whom Detroit Fashion Week conducts business.
Disclosure of Personal Information to Third Parties
Detroit Fashion Week may disclose your personal
information that you provide or that Detroit Fashion Week collects
on the Site, such as your name, address, email address, telephone
number, account numbers, etc. to third parties. Detroit Fashion
Week may lease, license, sublicense, rent, transfer, disclose, disseminate
or otherwise grant access to the information, and data that you
provide or that cookies collects from you from the Site, to persons
outside of Detroit Fashion Week. Detroit Fashion Week will, however,
comply with any court order or other requirement of law which requires
Detroit Fashion Week to disclose your personal information.
What Does Detroit Fashion Week do to Keep the Site Secure?
Detroit Fashion Week may use industry-standard encryption
methods to transmit your personal registration information and data
from the "Computer" (including, but not limited to, a
desktop or home computer, laptop, personal digital assistant (e.g.,
a BlackBerry), and/or portable or tablet computer) you are using
to the Site’s server across the Internet, and Detroit Fashion
Week may restrict access to any transactional portions of the Site
to Computers running Web site browsers that support Secure Socket
Layer ("SSL") protocol. To use this protection technology,
you need to use a SSL-capable browser. Detroit Fashion Week may
use industry-standard encryption methods to submit and transmit
your personal information and data from the Computer you are using
to the Site’s server across the Internet, and Detroit Fashion
Week may restrict access to any transactional portions of the Site
to Computers running Web site browsers that support Secure Socket
Layer ("PGP") protocol. To use this protection technology,
you need to use a PGP-capable decoder.
The Site may contain "links" to other
Web sites, and Detroit Fashion Week cannot and are not responsible
for maintaining your privacy once you leave the Site. Detroit Fashion
Week attempt to only post links to Web sites that share Detroit
Fashion Week’s high standards and respect for the users’
privacy. If you provide any information or data to parties who operate
Web sites that are linked to or from the Site, different rules may
apply to their collection, use or disclosure of your personal information
and data, including information provided by you and collected by
their Web sites’ cookies. Detroit Fashion Week strongly encourages
you to review such other Web sites' privacy and legal policies before
revealing any sensitive or personal information. Under no circumstances
shall Detroit Fashion Week have any liability whatsoever for the
use of your information and other activities conducted by or at
any Web sites accessed from or through the Site. Regardless of the
precautions taken by Detroit Fashion Week, Detroit Fashion Week
cannot and does not ensure or warrant the security of any information
and data that you submit and transmit to Detroit Fashion Week and/or
is collected by the Site’s cookies, at your own risk. Further,
Detroit Fashion Week assumes no responsibility for (1) any damage
to Computers or software that you are using to access the Site,
or (2) any damage incurred by you or any person or entity you subsequently
communicate with from corrupting code or data that is inadvertently
passed to their Computers.
What You Can Do To Protect Your Information?
Use only secure Web sites when disclosing your personally
identifiable information. Secure pages generally begin with "https".
Avoid easy to decode (that is, easy to figure out) access codes
(e.g., your name) and/or personal ID (PIN) codes. Never respond
to unsolicited requests for your social security number (SSN) or
financial data. Do not disclose your passwords to the Site or your
account information to any other person or entity.
Special Privacy Policy on Information Regarding Children
(persons under 18 years of age)
The Site is not directed to children, and Detroit
Fashion Week does not knowingly collect any personal information
from children. If you are concerned about your child's use of the
Site, you may use Web site filtering technology to supervise or
limit access to the Site.
General
These Terms and Conditions, including the Privacy
Policy, is governed by the internal substantive laws of the State
of Michigan in the United States, without regard to its conflict
of laws principles. Jurisdiction for any disputes, controversies
and claims arising under, in connection with, or out of these Terms
and Conditions and/or this Privacy Policy shall lie exclusively
with the state and federal courts within the State of Michigan.
If any provision of these Terms and Conditions and/or this Privacy
Policy is found to be invalid by a court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms and Conditions and/or this
Privacy Policy, which shall remain in full force and effect. UNDER
NO CIRCUMSTANCES SHALL Detroit Fashion Week HAVE ANY LIABILITY WHATSOEVER
FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING
OUT OF THESE TERMS AND CONDITIONS AND/OR THIS PRIVACY POLICY, HOWEVER
OCCASIONED.
©2008. Detroit Fashion Week.
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