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Statement of Rights and Responsibilities

Last edited: June 21, 2010

 

This Statement of Rights and Responsibilities ("Statement") derives from the Delance Fashion Principles, and governs our relationship with users and others who interact with Delance Fashion. By using or accessing Delance Fashion, you agree to this Statement.


1. Privacy


It is the policy of Delance Fashion to respect and protect the privacy of our users.


2. Sharing Your Content and Information


You own all of the content and information you post on Delance Fashion, and you can control how it is shared through your privacy and application settings. In addition:

    1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Delance Fashion ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others.
    2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    3. When you publish content or information using the "everyone" setting, it means that everyone, including people off of Delance Fashion, will have access to that information and we may not have control over what they do with it.
    4. We always appreciate your feedback or other suggestions about Delance Fashion, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

3. Safety


We do our best to keep Delance Fashion safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

    1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Delance Fashion.
    2. You will not collect users' content or information, or otherwise access Delance Fashion, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Delance Fashion.
    4. You will not upload viruses or other malicious code.
    5. You will not solicit login information or access an account belonging to someone else.
    6. You will not bully, intimidate, or harass any user.
    7. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
    8. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Delance Fashion without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
    9. You will not use Delance Fashion to do anything unlawful, misleading, malicious, or discriminatory.
    10. You will not do anything that could disable, overburden, or impair the proper working of Delance Fashion, such as a denial of service attack.
    11. You will not facilitate or encourage any violations of this Statement.

4. Registration and Account Security


Delance Fashion users include personal information on their profile (although we don’t reveal your real name). Here are some commitments you make to us relating to registering and maintaining the security of your account:

    1. You will not provide any false personal information on Delance Fashion, or create an account for anyone other than yourself without permission.
    2. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
    3. You will not use Delance Fashion if you are under 13.
    4. You will not use Delance Fashion if you are a convicted sex offender.
    5. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
    6. You will not transfer your account to anyone without first getting our written permission.
    7. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

5. Protecting Other People's Rights


We respect other people's rights, and expect you to do the same.

    1. You will not post content or take any action on Delance Fashion that infringes or violates someone else's rights or otherwise violates the law.
    2. We can remove any content or information you post on Delance Fashion if we believe that it violates this Statement.
    3. We encourage you to contact us if your intellectual property rights are infringed.
    4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, contact us with your appeal.
    5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
    6. If you collect information from users, you will: obtain their consent, make it clear you (and not Delance Fashion) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    7. You will not post anyone's identification documents or sensitive financial information on Delance Fashion.

6. Trade - Member Marketplace


Delance Fashion facilitates 2 different kinds of trade :

    1. Member to Member trade:
    2. Member to Member trade facilitates private transactions between you and other members (private or commercial businesses). Trade is based solely upon your personal agreement between you and the other party. Delance Fashion does not have any involvement in the member to member trade, but is solely to be regarded as a facilitator of an online market place.

    3. Trade between you and Delance Fashion
    4. These are transactions between you and Delance Fashion as a company. Delance Fashion delivers products and services in compliance with the Danish trade law. All transactions between you and Delance fashion is supported by a written and legally binding contract.

    Disclaim of responsibility
    When using the Market Place and taking part in Member to Member trade, you acknowledge that Delance Fashion cannot be held responsible for the behavour of seller/buyer, or for any discrepancies or disagreements related to issues (including but not limited to):
    - delivery
    - quantity
    - quality
    - payment


    Retainment of rights
    Delance Fashion reserves the right to close, postpone or cancel trades, whenever legally or technically substantiated.

    Financial Transactions
    Delance Fashion redirects members to perform all transactions through PayPal (PayPal, Inc.), Delance Fashion does not facilitate the specific financial transaction, nor do we store any kind of payment details.

7. About Advertisements on Delance Fashion


Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. That means Things to note:

    1. Our primary focus is to provide valuable and trustworthy content to our users, and the dedication to do so superseedes any commercial interest.
    2. We will only advertise and endorse products that we find meet reasonable quality standards and are related to fashion style and beauty.
    3. You can use your privacy settings to limit how your name and profile picture may be associated with general commercial or sponsored content served by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
    4. We do not give your content or information to advertisers without your consent.

8. Special Provisions Applicable to Advertisers


You can target your specific audience by buying ads on Delance Fashion or our publisher network. The following additional terms apply to you if you place an order by contacting us:

    1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
    2. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
    3. Your ads will comply with our Advertising Guidelines.
    4. We will determine the size, placement, and positioning of your ads.
    5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
    6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
    7. You can cancel your Order at any time by contacting us, but it may take us seven days before the ad stops running.
    8. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
    9. We can use your ads and related content and information for marketing or promotional purposes.
    10. You will not issue any press release or make public statements about your relationship with Delance Fashion without written permission.
    11. We may reject or remove any ad for any reason.

If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:

    1. You warrant that you have the legal authority to bind the advertiser to this Statement.
    2. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

9. Amendments


    1. Delance Fashion reserves the right to make changes to Terms of service. We recommend that visitors check this periodically.

10. Termination


If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Delance Fashion to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but all of the above provisions will still apply.


11. Disputes


    1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Delance Fashion exclusively in a Danish court. The laws of Denmark will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Denmark, for the purpose of litigating all such claims.
    2. If anyone brings a claim against us related to your actions, content or information on Delance Fashion, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
    3. We try to keep delance fashion up, bug-free, and safe, but you use it at your own risk. We are providing delance fashion "as is" without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that delance fashion will be safe or secure. Delance fashion is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or delance fashion, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or delance fashion will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, delance fashion's liability will be limited to the fullest extent permitted by applicable law.