| Terms & Conditions All users of this service must adhere to the following terms and conditions: 1. ACCEPTANCE OF TERMS AND REQUIREMENTS MY FASHION GURU provides its service to you, subject to the following Terms and Conditions ("TAC"), which may be updated by us from time. In addition, when using particular MY FASHION GURU services, you and MY FASHION GURU shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TAC. 2. DESCRIPTION OF SERVICE MY FASHION GURU currently provides users with access to a rich collection of on-line resources, including various merchandise for resale and online shopping services. Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new MY FASHION GURU properties, shall be subject to the TAC. You understand and agree that the service is provided "AS-IS" and that MY FASHION GURU assumes no responsibility for the timeliness, deletion or failure to store any user communications or personalization settings. Please be aware that MY FASHION GURU has created a service that requires you to be at least 18 years of age to use. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the service, you agree to: provide true, accurate, current and complete information about yourself as prompted by credit card transactions. If you provide any information that is untrue, inaccurate, not current or incomplete MY FASHION GURU has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MY FASHION GURU has the right to suspend or terminate your use of the service and refuse any and all current or future use of the service (or any portion thereof). 4. MY FASHION GURU PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. 5. RESELLER ACCOUNT, NUMBER AND SECURITY Upon signing up as a Member and approval from MY FASHION GURU, you will receive login information and you are responsible for maintaining the confidentiality of the information and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify MY FASHION GURU of any unauthorized use of your account or any other breach of security, and (b) you agree not to access the Service by any means other than through the interface that is provided by MY FASHION GURU for use in accessing the Service. MY FASHION GURU cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6. 6. DUTIES AND RESPONSIBILITIES Recognizing the global nature of the Internet, you agree to comply with all local and state rules regarding online business transactions. Specifically, you agree to comply with all applicable Federal, State, and Local licensing and tax requirements. 7. INDEMNITY You agree to indemnify and hold MY FASHION GURU, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TAC, or your violation of any rights of another. 8. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 9. TERMINATION You agree that MY FASHION GURU, in its sole discretion, may cancel your membership account (or any part thereof) or use of the Service, for any reason, including, without limitation if MY FASHION GURU believes that you have violated or acted inconsistently with the TAC. Further, you agree that MY FASHION GURU shall not be liable to you or any third-party for any termination of your access to the Service. 10. WEBSITE RESOURCES You agree that MY FASHION GURU is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MY FASHION GURU shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 11. MY FASHION GURU PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MY FASHION GURU or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part. You are not authorized to use any and all MY FASHION GURU or any of its affiliates trademarks, catalogue pictures or copy as part of your signage, letterhead, business correspondence, or any other form of advertising to include product labeling and internet. 12. COPYRIGHTS and COPYRIGHT AGENTS MY FASHION GURU & MYFASHIONGURU.com respects the intellectual property of others, and we ask our users to do the same. This site is copyright© 1999-2005 and no duplications or reuse of any or part of it's contents may be granted without the expressed written consent. The section titles in the TAC are for convenience only and have no legal or contractual effect. 13. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY FASHION GURU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANDISE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. MY FASHION GURU MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MY FASHION GURU OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC. 14. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT MY FASHION GURU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MY FASHION GURU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. |