MadisonBuyer.com ("website") is an online 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, you agree to be bound by all
applicable laws and the terms of this Agreement. The term "User"
refers to anyone accessing MadisonBuyer.com and the Madison Buyer Services.
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 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 posted 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 here.
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.
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, and distribute
such Content solely on or through the Madison Buyer Services, 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
Members and for your interactions with other Users.
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. See Madison Buyer photo credits here.
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. In no event shall Madison Buyer be liable
to you or any third party for any indirect, consequential, exemplary, incidental, special or
punitive damages, including lost profit damages arising from your use of the Madison Buyer
services or another user's actions or inactions, even if Madison Buyer has been advised of
the possibility of such damages.
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 use of the Madison Buyer Website
or any of the Madison Buyer Services and is further affirmed by you becoming a 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 trademark of Madison Buyer, Inc.
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.
If you become aware of misuse of the Madison Buyer Services by any person, please email us at abuse@madisonbuyer.com.
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