FASHION TRUST WEBSITE AND ONLINE SERVICES TERMS AND CONDITIONS

(Contains legal information, including the Terms and Conditions and Code of Conduct applicable to this website. PLEASE READ THIS CAREFULLY!)

This Internet website is the property of Fashion Trust. References to "Fashion Trust", "Fashion Trust Online Services", or "this website" shall also be deemed to be references to Fashion Trust.

FASHION TRUST PROVIDES ACCESS TO THIS WEBSITE AND ANY RELATED SERVICES PROVIDED HEREON (THE "FASHION TRUST ONLINE SERVICES") SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND FASHION TRUST ("AGREEMENT") THAT GOVERNS THE RELATIONSHIP BETWEEN YOU AND FASHION TRUST WITH RESPECT TO YOUR USE OF THIS WEBSITE AND THE FASHION TRUST ONLINE SERVICES. THUS, IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS.

TERMS AND CONDITIONS

TRADEMARK AND COPYRIGHT INFORMATION

All material on this website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Fashion Trust and is protected by copyright, trademark, and other intellectual property rights. Material on this website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Fashion Trust in each instance. You may download material intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.

USE OF SERVICE

The following rules, policies, and disclaimers shall govern and/or apply to your use of the Fashion Trust Online Services on this website (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this website).

Registration is not required in order to visit the Fashion Trust website. To access certain features of the Fashion Trust Online Services, registration may be required in order to create a "Member" account. All aspects of the Fashion Trust Online Services are subject to change or elimination at Fashion Trust's sole discretion. Fashion Trust reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Fashion Trust will not be liable to you for any interruption of the Service, delay or failure to perform.

You may never use another Member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Fashion Trust immediately of any breach of security or unauthorized use of your account. Although Fashion Trust will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Fashion Trust or others due to such unauthorized use.

By providing Fashion Trust your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out at any time. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Fashion Trust may permanently or temporarily terminate, suspend or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Fashion Trust's sole determination you violate any provision of this Agreement, or for no reason. Upon termination of your access to the Service for any reason or no reason you continue to be bound by this Agreement.

You are solely responsible for your interactions with other Fashion Trust Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Fashion Trust shall have no liability for your interactions with other Users or for any User's action or inaction.

We do not review every message, nor do we confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of Fashion Trust, or any person or property associated with Fashion Trust, the Fashion Trust Online Services, this website, or any other website in the Fashion Trust family of websites. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.

You agree, by using this website and/or the Fashion Trust Online Services, that: (1) you will not use this website or any of the Fashion Trust Online Services to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one's privacy, or otherwise in violation of any law; (2) you will not restrict or inhibit any other user from using and enjoying this website or any of the Fashion Trust Online Services provided hereon (for example, by means of hacking or defacement); (3) you will not post any copyrighted material on this website or any of the Fashion Trust Online Services provided hereon unless you own the copyright in and to such material; (4) you will not post or transmit any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (5) you will not post or transmit materials in violation of another party's copyright or other intellectual property rights; (6) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of this website, the Fashion Trust Online Services, or the contents of such website or services; and (7) you will not impersonate any other individual or entity in connection with your use of this website or any of the Fashion Trust Online Services.

Although we cannot and do not review all posted messages, we reserve the right to remove (or not) any message for any (or no) reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless Fashion Trust and its agents with respect to any claim based upon the transmission of your message(s) and/or posting(s).

We reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.

Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden on the Fashion Trust websites and any related Fashion Trust Online Services (including bulletin boards and chat rooms).

USER CONTENT

Some areas of the Service may allow Users to post feedback, comments, questions, and other information ("User Content"). You are solely responsible for User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or any rights of publicity and privacy. Fashion Trust reserves the right, but is not obligated, to reject and/or remove any User Content that Fashion Trust believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this website, you are granting Fashion Trust a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.

Fashion Trust takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display or otherwise make available or access through your use of the Service is solely your responsibility. Fashion Trust is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable and you agree that Fashion Trust shall not be liable for any damages you allege to incur as a result of such User Content.

WARRANTY DISCLAIMER

FASHION TRUST HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY, FROM TIME TO TIME, PROVIDE THIRD PARTY MATERIALS ON THIS WEBSITE. NEITHER FASHION TRUST, ITS PARENT OR SUBSIDIARY COMPANIES, NOR THEIR AFFILIATES, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS WEBSITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE FASHION TRUST ONLINE SERVICES.

FASHION TRUST, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE FASHION TRUST ONLINE SERVICES, OR ANY THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, THE FASHION TRUST ONLINE SERVICES, AND/OR ANY THIRD PARTY SITES IS TO STOP USING THE WEBSITE(S) CONCERNED AND/OR THOSE SERVICES. FASHION TRUST DOES NOT WARRANT OR MAKE ANY REPRESENTIONS THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE, THE FASHION TRUST ONLINE SERVICES AND/OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY THIRD PARTY SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FASHION TRUST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE, THE FASHION TRUST ONLINE SERVICES, OR ANY THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT FASHION TRUST) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS.

FOR THE AVOIDANCE OF DOUBT, FASHION TRUST MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THIS WEBSITE WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON THIS WEBSITE.

VOID WHERE PROHIBITED

Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. Fashion Trust reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited.

MAKING PURCHASES

If you wish to purchase products or services described on this website, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. (Click here to see the Fashion Trust privacy policy.)

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fashion Trust and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions. Fashion Trust reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you

LITIGATION ISSUES

This Agreement is entered into in the State of New York and shall be governed by, and construed in accordance with, the laws of the State of New York, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the Borough of Manhattan in the City of New York in the State of New York, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party to this Agreement further agrees as follows: (i) any claim brought to enforce this Agreement must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.

MISCELLANEOUS

In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled. Fashion Trust may modify the terms of this Agreement by posting notice of such modification on the page of this website entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.

DESIGNATED AGENT UNDER THE DIGITAL MILLENIUM COPYRIGHT ACT

The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider's Designated Agent. If you believe in good faith that Fashion Trust should be notified of a possible online copyright infringement involving any Fashion Trust website, please notify Fashion Trust's designated agent:

Legal Contact
Paul Nadel
W (310) 310-3920
E-mail: pn@morrisyorn.com
Asst Cristina: cd@morrisyorn.com

Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.