Madison Buyer, LLC ("Madison Buyer, "we", "us") created this website madisonbuyer.com (collectively, the "website" or "site"). The website is an online platform and directory service that allows apparel & accessory designers to create online profiles to provide relevant information to all fashion enthusiasts or to retailers only. The services offered by Madison Buyer include any Madison Buyer-branded URL and any other features, content, or applications offered in connection with Madison Buyer's business (collectively, the "Madison Buyer Services"). The Madison Buyer Services are hosted in the United States.
This Agreement ("Agreement") sets forth the legally binding terms for acceptable use of the Madison Buyer Services. By accessing the website, any visitor (collectively, "you" or "user"), accessing MadisonBuyer.com and the Madison Buyer Services, including non-registered users and registered users who have created an account ("Account"), agrees to be bound by all applicable laws and the terms of this Agreement. Do not access or register on the website if you do not agree to these terms.
Madison Buyer reserves the right to update and change the Terms and Conditions from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.
Please choose carefully the information you post on or through the website. Madison Buyer assumes no responsibility or liability for the content posted by Users.
Term. You may terminate your registration or membership at any time, for any reason, by emailing us at info@madisonbuyer.com. Madison Buyer reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, for any reason, with or without prior notice or explanation, and without liability.
Eligibility. Use of the website is void where prohibited. By using the website 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 website does not violate any applicable law or regulation.
Privacy. We do not share, sell, rent, or trade the information you provide during registration. However, the CONTACT information you post in your online profile is viewable by all Users. Use of the Madison Buyer Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. See our full privacy policy.
Username and Password. When you sign up to become a registered designer or retailer, you will be asked to choose a username and password. Users may not select or use a name subject to any rights of a person, brand or store, or the name of another person, brand, or store with intent to impersonate that person, brand or store; Madison Buyer reserves the right to refuse or cancel registrations that violate these terms. Users are solely responsible for any and all use of their Account, including maintaining the confidentiality of passwords. You agree not to use the Account, username, or password of another User at any time or to disclose your password to any third party.
Fees. Madison Buyer reserves the right to implement fees if necessary. Fee based services will be optional and all users will have the opportunity terminate their profile.
Payment, Refunds, Upgrading and Downgrading Terms.
1. A valid credit card is required for paying Accounts. Free Accounts are not required to provide a credit card number.
2. If trials are offered and you initially sign up for a trial, and you don't cancel the Account within 30 days, you will be billed monthly starting on the 30th day after your Account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
3. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate (or no rate if downgrading to "free") on your next billing cycle.
4. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. No exceptions will be made.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Madison Buyer does not accept any liability for such loss.
Cancellation and Termination.
1. You are solely responsible for properly canceling your Account. Email your cancellation request to info@madisonbuyer.com. Your request must be accompanied by a reply. Though we may reply within 72 hours, the date and time of your request will note your official cancellation request.
2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Madison Buyer, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Madison Buyer reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices.
1. Madison Buyer reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Madison Buyer site (www.madisonbuyer.com) or the Service itself.
3. Madison Buyer shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Proprietary Rights in Content on Madison Buyer.
1. Madison Buyer does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") posted by Users. After posting your Content to the Madison Buyer 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 Madison Buyer Services, you hereby grant to Madison Buyer a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, reformat, index, and distribute such Content solely on or through the Madison Buyer Services (as such services may change over time), including without limitation distributing part or all of the Madison Buyer Website in any media formats and through any media channels. This limited license does not grant Madison Buyer the right to sell or otherwise distribute your Content outside of the Madison Buyer Services. After you remove your Content from the Madison Buyer Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.
2. The license you grant to Madison Buyer is fully-paid and royalty-free (Madison Buyer is not required to pay you for the Content that you post), sub-licensable (so that Madison Buyer is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Madison Buyer Services), and worldwide (because the Internet and Madison Buyer Services are global in reach).
3. You represent and warrant that: (i) you own the Content posted by you or otherwise have the right to grant the license set forth in Item #2 above, and (ii) the posting of your Content 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 Madison Buyer Services.
4. The Madison Buyer Services contain Content of Madison Buyer ("Madison Buyer Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to US copyright laws, international conventions, and other copyright laws and Madison Buyer owns and retains all rights in the Madison Buyer Content and the Madison Buyer Services. Madison Buyer grants you, the User, a limited license to access and view the content on this site. No download of Madison Buyer Content is permitted except when authorized. Users shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. User is prohibited from copying or storing Content for commercial use without prior written permission from Madison Buyer, or from the copyright holder.
5. The Madison Buyer Services contain Content of Users and other Madison Buyer licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Madison Buyer Services. You may not reproduce, copy, sell, trade, or exploit for any commercial purposes, any portion of the Madison Buyer Services, use of the Service, or access to the Service.
Content Posted.
1. Madison Buyer may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Madison Buyer violates this Agreement or which may be patently offensive, illegal, fraudulent or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Madison Buyer assumes no responsibility for monitoring the Madison Buyer Services for inappropriate Content or conduct. If at any time Madison Buyer chooses, in its sole discretion, to monitor the Madison Buyer Services, Madison Buyer nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the Madison Buyer Services, and any material or information that you transmit to other Users, and for your interactions with other Users.
3. Please note the following to ensure a clear understanding of your responsibility regarding content posted to PRIVATE profiles. Your use of the service is at your sole risk. Madison Buyer provides an online platform for designers to create online profiles. Designers may opt to keep their profile "PRIVATE", which means displaying their profile to VERIFIED retailers only. VERIFIED retailers, by Madison Buyer's definition, are REGISTERED retailers who have provided Madison Buyer 3 forms of credentials to verify their status as a retailer. Registered designers who select PRIVATE profiles, acknowledge and agree that Madison Buyer assumes no responsibility for and makes no warranties, express or implied regarding the accuracy and reliability of credentials provided, and further expressly understands and agrees that Madison Buyer 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 Madison Buyer has been advised of the possibility of such damages), resulting from any User providing false credentials to gain access to PRIVATE profiles.
Protecting Copyrights and Other Intellectual Property.Madison Buyer respects the intellectual property of others, and requires that Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Madison Buyer has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the Madison Buyer Services in a way that constitutes copyright infringement, please send Madison Buyer a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Madison Buyer Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. You may email us at copyright@madisonbuyer.com.
Member Disputes.You are solely responsible for your interactions with other Madison Buyer Users.
General Practices Regarding Use and Storage. You acknowledge that Madison Buyer may establish general practices and limits including without limitation the maximum number of days that uploaded profiles may remain inactive. You agree that Madison Buyer has no responsibility or liability for the deletion or failure to store Content maintained by the Service. You acknowledge that Madison Buyer reserves the right to log off Accounts that are inactive for an extended period of time.
Disclaimers. Madison Buyer assumes no responsibility for and makes no warranties, express or implied regarding:
• the accuracy and reliability of User Content posted on or through the Madison Buyer Services, whether caused by User or by any of the equipment or programming associated with or utilized in the Madison Buyer Services and that such User Content does not necessarily reflect the opinions or policies of Madison Buyer.
• third party applications created and posted by Users on or through the Madison Buyer Services which may contain links to other websites. Madison Buyer is not responsible for the content, accuracy or opinions expressed on such websites, and are not investigated, monitored or checked for accuracy or completeness by Madison Buyer. Inclusion of any linked website on the Madison Buyer Services does not imply approval or endorsement of the linked website by Madison Buyer. When you access these third party sites, you do so at your own risk.
• any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication.
• any technical malfunction of telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email transmission due to technical problems or traffic congestion on the Internet or on any of the Madison Buyer Services.
• User acknowledges that Madison Buyer has no control over, and no duty to take any action regarding the conduct, online or offline, of any User of the Madison Buyer Services; which Users gains access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Madison Buyer from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to, sites containing, information that some people may find offensive or inappropriate. Madison Buyer makes no representations concerning any content contained in or accessed through the Site, and Madison Buyer will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. The Madison Buyer Services are provided "AS-IS" and as available and Madison Buyer expressly disclaims any warranty, express or implied, of fitness for a particular purpose or non-infringement. Madison Buyer cannot guarantee and does not promise any specific results from use of the Madison Buyer Services.
Limitation on Liability. You expressly understand and agree that Madison Buyer 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 Madison Buyer 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; (v) another user's use, action or inaction, (vi) or any other matter relating to the service.
Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Nevada, without regard to its conflict of law provisions. You and Madison Buyer agree to submit to the exclusive jurisdiction of the courts located within the State of Nevada to resolve any dispute arising out of the Agreement or the Madison Buyer Services. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this Agreement. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into this Agreement.
Indemnity. You agree to indemnify and hold Madison Buyer, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, made by any third party due to or arising out of your use of the Madison Buyer Services, and/or the infringement by another User or any third party using User's Account, of any intellectual property or any right of any person or entity, and/or if any Content that you post on or through the Madison Buyer Services causes Madison Buyer to be liable to another.
Other. This Agreement is accepted upon your access and use of the Madison Buyer website or any of the Madison Buyer Services and is further affirmed by you becoming a registered user. This Agreement constitutes the entire Agreement between you and Madison Buyer regarding the use of the Madison Buyer Services. The failure of Madison Buyer to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Madison Buyer in any respect whatsoever. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Madison Buyer is a service mark of Madison Buyer, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: info@madisonbuyer.com with any questions regarding this Agreement, or if you become aware of misuse of the Madison Buyer Services by any person. The effective date of these Terms and Conditions is January 15, 2012.
This privacy statement ("Privacy Policy") covers the website www.MADISONBUYER.com, ("MADISON BUYER", "we", "us", "our"). By visiting www.MADISONBUYER.com, submitting information or using any of our services, you, the USER, are accepting the practices outlined in this Privacy Policy. You are also consenting to have your data transferred to and processed in the United States. If Users have questions or concerns regarding this statement, contact us at privacy@madisonbuyer.com
Information Collection and Use
Registration. In order to use this website, apparel & accessory designers and retailers must first complete the registration form. During registration a User is required to give personally identifiable information (such as name, address, email). We use and store this information to contact the User during the course of business. It is also required for the User to provide unique identifiers (such as Username and Password) in order to facilitate the security concerns of their profile.
Information Use. Madison Buyer is a an online platform for apparel and accessory designers to create profiles. Retailers and/or the public may use the platform to search for specific criteria and view the work of designers that fit their search. All designers who create profiles on the Madison Buyer website acknowledge that their platform image, and all information posted to their CONTACT page
will be viewable to the public. Designers who set their profile to "PRIVATE" acknowledge that all additional information (lookbooks, calendars, linesheets, etc...) is viewable to ALL registered RETAILERS. Designers who set their profile to "PUBLIC" acknowledge that any information uploaded and posted to their profile is viewable to any visitor to the website. RETAILER information is not displayed. Madison Buyer accepts no responsibility for the conduct of its Users. It is the responsibility of the User to maintain the secrecy of the Username and password. Any fraudulent
use of login information will lead to legal action or at the very least cancellation of access.
The website may also track User statistics like date of registration, date of last visit, the number
of times visited, etc. This information is used for aggregate analysis and to make business decisions.
Profile. We store information that we collect through the registration page, cookies, etc to create User profiles. A profile is stored information that we keep on individual Users. Consequently, collected information is tied to the Users personally identifiable information (name, phone, email, mailing address), to provide offers and improve the content of the site. This profile is used to direct marketing promotions they have expressed interest in. We do not sell, rent or trade your personally identifiable information.
Cookies. Cookies are alphanumeric data stored on a User?s computer through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. We use session ID cookies, which helps us recognize that a particular User is logged in. These cookies terminate once the User closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to MADISON BUYER. You can remove or block this cookie using the settings in your browser
if you want to disable this convenience feature. The "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command
the browser to tell you when you receive a new cookie, or how to fully disable cookies.
Log Files. Like most standard website servers we use log files. MADISON BUYER may automatically receive and record certain "traffic data" on our server logs from your browser including internet protocol (IP) addresses, browser type, internet service provider (ISP), Madison Buyer cookie information, referring/exit pages, platform type, date/time stamp, and number of clicks to analyze
trends, administer the site, help diagnose problems with its server, track User's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
Sharing
Legal Disclaimer. Though we make every effort to preserve User privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Website.
Aggregate Information (non-personally identifiable). This policy does not apply to the use of third parties that MADISON BUYER does not own or control, or to individuals that MADISON BUYER does not employ or manage. We may share aggregated demographic information with our partners and advertisers. This is not linked to any personally identifiable information.
Third Party Intermediaries. We may share your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to offer the service, 2) legally
required or, 3) permitted by you. For example, we may use third parties to facilitate our business, such as to host the service at a co-location facility for servers, to send out email updates, to remove repetitive information from our User lists, to process payments for products or services. Our service providers may have access to your personal information for a limited time in connection with these business activities.
We may be required to disclose User information pursuant to lawful requests, such as subpoenas or court
orders, or in compliance with applicable laws. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent
fraud or other illegal activity perpetrated through the MADISON BUYER service or using the MADISON BUYER name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.
Communications from the Site
Updates. We send all new members a welcoming email. Established members will occasionally receive information on products, services, special deals, or newsletters. Out of respect for the privacy of our Users we present the option to not receive these types of communications in the emails themselves. Please see the Choice and Opt-out sections.
Service Announcements / Customer Service. On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send Users an email. Generally, Users may not opt-out of these communications, that are not promotional in nature.
Links
Links. Madison Buyer's website contains links to other websites and other websites may contain links to the Madison Buyer website. Please be aware Madison Buyer is not responsible for the privacy or security practices of other sites linking to or from Madison Buyer. This privacy statement applies solely to information collected by Madison Buyer.
Security. This Web site takes reasonable and customary precautions to protect our Users' information. When Users submit sensitive information via the Web site, their information is protected both online and off-line. Users acknowledge that no security measures are perfect or impenetrable. We cannot control the actions of other Users. Therefore, we cannot and do not guarantee that User Content you post on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content. If Users have any questions about the security at our Web site, Users can send an email to privacy@MadisonBuyer.com
Correcting/Updating/Deleting/Deactivating Personal Information
Is Information About Me Secure? Your MADISON BUYER profile is protected by a password for your privacy and security. You need to protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer. Only MADISON BUYER employees who need personal information to perform a specific job are granted access to it.
What Information Can I Access? You can access your personal information on our website and correct, amend, or delete information that is inaccurate by logging in.
What Choices Do I Have? You are able to add or update certain information on your platform pages. When you update information, however, we may maintain a copy of the unrevised information in our records. If a User's personally identifiable information changes (such as zip code, phone, email or postal address), or if a User no longer desires our service, we provide a way to correct, update or delete/deactivate Users' personally identifiable information. Users will need to email info@madisonbuyer.com to delete or deactivate identifiable information If you do not wish to receive e-mail or other mail from us, please notify us by e-mail at info@madisonbuyer.com. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the MADISON BUYER website, and you are responsible for reviewing such legal notices for changes.
As explained earlier, the "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. Please note, however, that if your browser does not accept cookies, you will not be able to take advantage of some of our attractive features.
Notification of Changes.
From time to time Madison Buyer may modify this Privacy Policy and such modifications shall be effective upon posting by Madison Buyer on the Madison Buyer Website. Your continued use of the Madison Buyer Services after Madison Buyer posts a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. We will use information in accordance with the privacy policy under which the information was collected.
Conditions of Use. If you decide to visit the MADISON BUYER website, your visit and any possible dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes, and application of Nevada state law.
Effective Date of This Privacy Policy.
This Privacy Policy is effective as of January 15, 2012
