Please review the following terms of use ("Agreement") that govern your use of Trendible.com and the shopping and other services (the "Services") offered on our site. This Agreement governs your use of the Services offered on Trendible.com, including participation in any public areas, such as, but not limited to, social networking, chat rooms, review areas or bulletin boards (the "Public Areas"), provided by Trendible.com. Please read the requirements of this Agreement carefully. Your use of and/or registration for any Services will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to comply with this Agreement and its requirements, please do not use the Services and exit Trendible.com
In addition to reviewing this Agreement, you should also read our Privacy and Security Policy to better comprehend how we collect and use your personal information. Your use of the site and its Services constitutes your agreement to its terms and conditions.
Trendible Inc. ("Trendible") reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement. Trendible also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of Trendible.com, which may be posted in the relevant parts of Trendible.com, and will be clearly identified. Your continued use of Trendible.com constitutes your agreement to comply with these additional rules.
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to Trendible's other remedies. Trendible further reserves the right to terminate, without notice, any user's access to or use of Trendible.com for any reason.
Trendible reserves the right without notice, at any time and for any reason, to terminate Trendible.com or any portion thereof or any products or Services offered through Trendible.com.
Trendible.com is expressly owned and operated by VideoClique, Inc. Unless otherwise noted, the design and content features on Trendible.com, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Site Information"), are owned by VideoClique, Inc or its affiliates or are licensed from third party service providers by Trendible. The site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.
Site Information is provided "as is" with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. Trendible.com may change, delete or update any Site Information at any time and without prior notice.
You may view and use the Site Information only for your personal information and for shopping and ordering through Trendible.com’s e-retail partners. Except as set forth in this Agreement, Trendible.com does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use of the site and the Services is personal to you -- you may not authorize others to use the site and the Services, and you are responsible for all use of the site and the Services by you and by those you allow to use, or provide access to, the site and the Services. You agree to use the site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Trendible.com is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site Information or the site for any purpose. You agree not to make unauthorized use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or Trendible. Illegal and/or unauthorized uses of the site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
The site and the Services are not intended for users under the age of 18. To register for any Services offered on Trendible.com, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use Trendible.com in conjunction with your parents or guardians. Trendible does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to Trendible. If a child under 13 submits information through any part of Trendible.com, and Trendible becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
You will need to provide us with certain information, including your name, address, phone number and email address, to open an account with us. Entering this information constitutes your agreement for Trendible.com to store and possibly use this information for marketing and database purposes. We will assist you in creating a user id and a password to protect your account information.
Neither Trendible nor its third party service providers make any warranties with respect to any of the merchandise featured or referenced on Trendible.com. At this time, when you request to purchase items in your shopping cart, we will forward your request and certain account information to the applicable retailer or ecommerce service provider for processing. The sales transaction will occur and be consummated on the retailer's or service provider's site and not on Trendible.com. If you have a problem with any merchandise or service you purchased from that retailer or ecommerce provider, you need to contact that retailer or ecommerce provider directly for information regarding returns and exchanges, warranties or customer service. In the future, Trendible.com may conduct some or all of these sales transactions itself, but at this time, it only facilitates your requests.
Trendible may make certain Services available to registered users and facilitate such users' ability to post content, including information, text, images, photographs, graphics, comments and reviews, discussion or bulletin board postings and other materials ("Content"), to Public Areas and/or private portions of Trendible.com, subject to the restrictions set forth in this Agreement. If you post any Content to any portion of Trendible.com, you agree not to post any unacceptable Content ("Unacceptable Content").
Unacceptable Content includes, but is not limited to, Content that is:
For information regarding use of personal information you provide or communicate to Trendible, please see our Privacy Policy. By posting Content or engaging in any other form of communication through Trendible.com, you grant Trendible, and represent and warrant that you have the right to so grant, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit and distribute such Content or communication and to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing, for any purpose, including commercial purposes.
Trendible does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on Trendible.com. Any Content placed on Trendible.com, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of Trendible or its third party service providers. Trendible reserves the right, but undertakes no duty, to review, edit, move or delete any Content posted on Trendible.com, in its sole discretion, without notice. You agree that Trendible and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content posted to Trendible.com by others, including Unacceptable Content that violates this Agreement.
You acknowledge that Trendible has not reviewed and does not endorse the content of third party sites linked to and from Trendible.com and is not responsible for the content or actions of these other sites, including those third party sites that may display Trendible's logo or branding. Your linking through Trendible.com to any site is at your own risk.
Trendible respects the intellectual property of others, and we ask our users to do the same. Trendible may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on Trendible.com in a way that constitutes copyright infringement, or that Trendible.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Trendible in writing by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 USC Section 512, to Trendible's address set forth below, to the attention of "Trendible Copyright Agent."
You agree to indemnify Trendible and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your Content submissions, from your unauthorized use of the Services or Site Information obtained through Trendible.com, or from your breach of this Agreement.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, TRENDIBLE, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. TRENDIBLE, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF TRENDIBLE.COM.
TRENDIBLE, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY MERCHANDISE ORDERED THROUGH TRENDIBLE.COM, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO TRENDIBLE.COM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE TRENDIBLE, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
We maintain physical, electronic, and procedural safeguards and personnel policies that are designed to guard Trendible.com, our systems and our customers' personal information. For example, for the security of your online visit to Trendible.com, we may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, Trendible cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with Trendible.com.
When you visit Trendible.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you be email or by posting notices on Trendible.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By visiting or using the Site and/or the Service, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California and New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California and New York.
Trendible.com is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of Trendible.com, by visiting our website, using its Services and/or providing us with any Content, you agree to comply with all federal and state U.S. laws governing the site, its Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
"Trendible" and "Trendible.com" and the Trendible and Trendible.com logos are trademarks of Trendible, Inc. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.
Welcome to the Trendible community. As part of creating the ultimate online style and shopping experience, Trendible encourages online community participation and user-created content that includes blogging, blog participation (through comments, discussion, posting of reviews, and using other blog tools), personal profiles and other forms of content generated by our users ("User-Generated Content"). In addition to Trendible.com's Terms of Use, these Standards and Terms of Use for Community Members (the "Community Standards") apply to all users of Trendible.com who:
The foregoing users of Trendible.com are referred to in these Community Standards as "Participating Users.
The Community Standards exist to help Trendible.com, its editorial staff, Trendible's linked sites, and Trendible.com's Participating Users achieve a common goal of developing a thriving fashion-forward online community. As set forth below, these Community Standards establish certain limits for the creation and posting of User-Generated Content on Trendible.com. These Community Standards do not set forth a comprehensive listing of practices prohibited by Trendible.com. Trendible.com reserves the right at any time, without notice, to remove from the site any User-Generated Content and to bar any Participating User from posting User-Generated Content to Trendible.com. Further, Trendible may change these Community Standards at any time without prior notice by updating this page on Trendible.com.
These Community Standards address:
By using Trendible.com and posting User-Generated Content to Trendible.com, you agree to adhere to these Community Standards. You further agree to indemnify Trendible and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions of User-Generated Content, from your unauthorized use of User-Generated Content, and from your non-compliance with these Community Standards and Trendible.com's Terms of Use.
1. Prohibition on the Posting of Unacceptable User-Generated Content.
As a Participating User, you may blog, comment and/or trackback to other blogs on Trendible.com and participate in other community areas of the site provided that you adhere to these Community Standards and do not post or otherwise contribute unacceptable User-Generated Content ( "Unacceptable User-Generated Content"). Trendible, in its sole discretion, will determine what constitutes Unacceptable User-Generated Content under these Community Standards. Community posts, comments and trackbacks may not contain, refer to or link to any "Unacceptable" User-Generated Content. Unacceptable User-Generated Content, includes, but is not limited to, content that is:
Trendible reserves the right to delete, edit and or remove at any time, without notice to any Participating User, any User-Generated Content that it deems to be Unacceptable User-Generated Content.
2. Protection of Intellectual Property Rights of Third Parties.
Trendible requires that all Participating Users who post User-Generated Content on any community area of Trendible.com or sites linked to Trendible.com adhere to the following standards directed at protecting the intellectual property rights of third parties:
Please refer to Trendible's Terms of Use (Copyright Complaints), in the event you believe that material or content published on Trendible.com may infringe on your copyright or that of another.
Other Requirements Apply to Your Posting of User-Generated Content.
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