Terms of Use

Terms of Use

  1. INTRODUCTION TO AND ACCEPTANCE OF THE TERMS

Welcome and thank you for choosing FASHIONLINE. These Terms of Use (these “Terms”) form a legally binding agreement between Windecade Technology Limited (the “Company”, “we” or “us”) and you (“you”) governing your use of the www.fashionlinefactory.com website (the “Site”) and other related content, features and services (collectively, the “Services”). Unless you accept these Terms, you have no right or authorization to use any part of the Services. By checking the “I have read and agree to the Terms of Use” checkbox and completing the registration (sign-up) process, or otherwise using or accessing any of the Services, you agree and represent to us:

  1. that you are at least 13 years of age;
  2. that you are not restricted from using the Services, by law, by contract, or by us;
  • that you fully agree with the terms and conditions set forth in these Terms; and
  1. if you are under the age of majority, your legal guardian has reviewed and consented to these Terms, and agreed to be responsible for any of your liability arising hereof.

Your fundamental rights as a user of the Services are mainly set forth in these Terms, so please read all of the terms and conditions carefully. These Terms include an agreement to resolve disputes by arbitration on an individual basis. Due to fast developing technologies and law and policies, as well as volatile market conditions, the Company reserves the right, in its sole discretion, to modify or revise these Terms from time to time at any time, and to the extent permitted by applicable law, you agree to be bound by such modifications or revisions. Any such modified or revised version will be effective at the time we first post it onto our Services (or at any other time designated in the terms of such version, if any). We will provide you the opportunity to review such version by other means. Your continued use of the Services thereafter will constitute your acceptance of, and consent to, such modifications or revisions. If you object to any such modification or revision, your sole recourse shall be ceasing to use all of the Services.

  1. USER RIGHTS AND LICENSES
    1. Rights to Access the Services
      1. Subject to your compliance with these Terms, the Company grants you a conditional, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services. You agree not to (and not to attempt to):
        1. access or use the Services for any use or purpose other than as expressly permitted by these Terms;
        2. attack, hack, interfere with other user’s use of, reverse-engineer, disassemble, attempt to derive the source code of, the Service or any part thereof;
  • conduct any action that may infringe or jeopardize the lawful rights or interests of any person; or
  1. copy, modify, adapt, produce derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or any portion thereof, except as expressly permitted in these Terms or authorized by the Company.
  1. Use of Data

You agree that the Company may collect and use data and related information related to your use of the Services.  Please refer to our Privacy Policy for further information regarding the information we collect from you and how we use it.

  1. Except for the permissions and rights expressly granted in these Terms, no other licenses or rights are granted to you by implication or otherwise under these Terms.
  2. Your Account
    1. Typically, you need not register a user account with us to use the Services. However, for certain Services, including those advanced features and functions of the Services, you must register a user account (“Account”) with us before you can use them.
    2. When you access some part of the Services, you may be prompted to apply for (register, or sign up) an Account by providing us certain information about you, or log-in with an existing Account. You represent and warrant that the information you provide to us upon such Account registration and at all other times will be true, accurate, current, and complete. If any such information changes, you agree to forthwith update such information to us. You become a Registered User of our Services once your Account is opened with us, and cease to be a Registered User when you no longer maintain an Account with us.
    3. You may choose a combination of certain characters (letters, digits and other characters as allowed by the Platform Rules, as defined below) unused by other users as your username and nickname. We reserve the right to restrict the use of certain such combinations for legal compliance purposes or prevention of personal attack, humiliation, intellectual property rights infringement or other improper use of the Account.
    4. You are primarily responsible for maintaining the confidentiality of your log-in credentials (including without limitation your account number (ID), username, and password) and are fully responsible for all activities that occur through the use of your credentials or otherwise on or through your Account. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect any unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your log-in credentials.
    5. If you lose or forget the password or other log-in information for your Account, you may apply to retrieve your Account by reporting to us and following the instructions given by our staff. Our Account retrieval mechanism can only validate the accuracy of the information given by the applicant with the information recorded in our system. We are unable to identify whether the applicant is the correct and legitimate user of the Account. Therefore, we cannot guarantee that your Account is always retrievable, and we cannot prevent imposters who assume you identity and retrieve the Account fraudulently (although we will make every endeavor to identify such imposters). On this ground, we shall not be held liable for any loss and damage incurred due to such failure of retrieval, or imposture or fraud.
    6. We retain ownership of the Account. You enjoy only the right to use your Account during the period that you maintain it with us. Your Account shall be exclusively used by you. Any form of lending, borrowing, renting, transferring, gifting or selling of such Account is prohibited and shall be null and void. You are liable for any and all activities done using your Account, even if such activities are not actually conducted by you. If we detect any inconsistency between the actual user of an Account and the person who registered it, or it is in dispute on who shall be the legitimate user of an Account, we have the right to recover, withdraw, suspend (freeze) or terminate such Account in our discretion, without any notice or any liability to any person. The loss and damage arising thereof, including but not limited to the loss of communication and data, shall be assumed solely by you.
    7. For safety, compliance, operational or other concerns, and on a reasonable ground (for example, the Account is inactive for a long period and is wasting service resources), we reserve the right to suspend (freeze), terminate or reclaim your Account in our sole discretion, temporarily or permanently, with or without notice, with or without cause, and without any liability to you.
    8. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
    9. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Return Policy.
  • LAWFUL AND PROPER USAGE OF THE SERVICES

As a precondition and requirement for your access to and use of the Services, you are obliged to always observe certain Platform Rules and Codes of Conduct (each as defined below, collectively “Regulations”) during your access to and use of the Services.

  1. Platform Rules

When accessing and using the Services, you may be subject to additional rules applicable to specific parts and features of the Services, such as Privacy Policy as promulgated by us online from time to time (the “Platform Rules”). Such Platform Rules set forth the way, method and procedures for you to use such Services, including without limitation what roles you may play under a product or service, what operations you may perform, what rules or procedures you have to follow, and what consequences will you face if you fail to follow such rules or procedures. We may promulgate new rules, post notices or make announcements online from time to time to improve the Platform Rules. All such rules, notices and announcements shall be deemed incorporated into these Terms by reference. If you do not agree with any of the Platform Rules, your sole recourse is to cease to use the corresponding product and service.

  1. Codes of Conduct
    1. As a condition of your use of the Services, and without limiting your other obligations under these Terms, you agree to always maintain a lawful and proper behavior, doing no harm to us and other persons, and comply with the restrictions and rules set forth in these Terms. For example, you agree not to use the Services in any way to:
      1. post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise illegal or objectionable as provided by applicable laws or outlined in below Community Guidelines;
      2. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  1. violate the contractual, personal, intellectual property or other rights of any person including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any person (including rights of privacy or publicity);
  2. upload or transmit (or any attempt thereof) files that contain viruses, Trojans, worms, time bombs, cancelbots, corrupted files or data, or any other malicious software or programs that may damage the operation of the Services or other users’ devices or data;
  3. submit false or misleading information;
  • attempt to obtain passwords or other log-in information or other confidential or private information of other users of the Services;
  • develop, distribute, inform other users of, or use automating, cheating or injecting programs, software or scripts which may cast detriment to the Services or to the lawful rights or interests of us or other users;
  1. exploit, distribute or publicly inform other users of any error, defect or bug which gives an unintended advantage; or violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks against the Services; or
  2. improperly use our customer service, technical support or complaint channels to make false or malicious reports or requests to us; or use the Services to infringe upon the commercial or other interests of us, including but not limited to posting or overlaying advertisements without our express permission.
  1. We may promulgate new rules, post notices or make announcements online from time to time to improve these Codes of Conduct. All such rules, notices and announcements shall be deemed incorporated into these Terms by reference and we reserve the right to ultimately determine what conduct we reasonably consider to be an improper conduct and/or a violation of these Codes of Conduct (even such conduct is not listed in these Codes of Conduct and all subsequent rules, notices and announcements), and to take action in line with these Terms.
  1. Consequences of Misuse of the Services
    1. If you violate applicable laws, regulations, these Terms (particularly, including but limited to the Platform Rules and Codes of Conducts) and/or our other agreements or terms and conditions you accepted, we have the right to make judgments in our discretion but in accordance with relevant rules, and take one or more countermeasures or penalties as we consider commensurate to your violation, including but not limited to:
      1. removal of non-compliant content;
      2. deducting your Account balance, or your revenue or other accounts receivable from us in relation to the Services;
  • restricting or terminating the provision of certain portions, features or functions of the Services to you;
  1. suspension or termination of your Account, and/or limitation or denial of further service to you.
  1. Multiple or repeated violations and misconducts, and cases of extreme severity, may result in more serious consequences, as we reasonably consider.
  2. You agree to indemnify and hold the Company harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with:
    1. your use of and access to the Services;
    2. your violation of these Terms;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or
  1. any of your content or information in your Account or any other information you post or share on or through the Services.
  1. The provision under this Clause is cumulative and in addition to any other rights or remedies provided by law, and not in substitution for them. Therefore, we may still claim against you for your violation against law and/or breach of contract, even if we have taken countermeasures or penalties under this Clause.
  1. INTELLECTUAL PROPERTY RIGHTS
    1. Ownership
      1. Platform Materials. All rights, title and interest in and to all materials that are part of the Services (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) with the exception of UGC (collectively, the “Platform Materials”), are, as between the Company and you, owned by the Company and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by using the Services. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Platform Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Services or by accessing any Platform Materials posted on the Services by the Company, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.
      2. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
      3. You represent and warrant that your UGC is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of your UGC is your sole responsibility and the Company is not responsible for any material that you (and other users) upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using your UGC with the Services, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sub-licensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your UGC in connection with operating, providing and promoting the Services. The Company does not guarantee the accuracy, quality, or integrity of any UGC appeared on the Services. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable for any UGC, including, but not limited to, errors in any UGC, or any loss or damage incurred by use of such UGC. The Company reserves the right to remove and permanently delete your UGC from the Services with or without notice for any reason or no reason. You may notify the Company of any UGC that you believe violates these Terms, or other inappropriate user behavior, by reporting to our customer service.
    2. Copyright Complaints: We strictly abide and respect intellectual and proprietary content of others. If any content posted on the Site, including but not limited to images, identity logos, trademarks, or artwork provided by any of the manufacturers or merchants on the Site is under copyright infringement, we will promptly remove or disable access to the content in accordance with the Digital Millennium Copyright Act (DMCA). If you see any possible copyright infringement, please report it to info@fashionlinewholesale.com with details of the infringement.
  2. PRODUCTS OR SERVICES
    1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
    2. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
    3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
    4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
    5. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
    6. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
    7. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
  3. THIRD-PARTY TOOLS AND LINKS
    1. Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
    2. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
    3. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
  • DISCLAIMERS OF WARRANTIES
    1. THE SERVICES AND THE PLATFORM MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
    2. You specifically acknowledge that the Company shall not be liable for UGC, including without limitation your UGC, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Similarly, the Company will not under any circumstances be liable for any communication made between you and other users.
    3. When we restrict, suspend (freeze), reclaim, replace or terminate the use of Your Account in accordance with applicable laws and these Terms, we shall not be responsible for any loss or damage (including but not limited to the loss of communication and data) arising from such measures, which shall be solely and entirely assumed by you.
    4. We do not assume any liability in the following circumstances:
      1. We provide or disclose your personal information in accordance with legal requirements or orders of governmental or judicial authorities;
      2. The disclosure of personal information resulting from the your sharing your password or Account with others, or any other disclosure of personal information which is not attributable to us;
  • Any disclosure of personal information or other loss or damage due to hacking, computer virus attack, blackout, or interruption of telecommunication services;
  1. Any disclosure of personal information or other loss or damage due to force majeure.
  • LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICES OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) 100 UNITED STATES DOLLARS. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DOES NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  1. TERMINATION AND MODIFICATION OF THE SERVICES
    1. Termination and Interruption
      1. You may apply for termination of your Account at any time and for any reason by sending an application to our customer service team. The Company may terminate your Account and your access to the Services if the Company finds your application reasonable and acceptable. The Company is not obliged to provide the Services, unless required by applicable law. Therefore, the Company may terminate the Services in its entirety, or any part thereof, without giving a reason, notice, and compensation to you. The Company is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your Account and all information and data associated therewith, and the Company is under no obligation to compensate you for any such loss.
      2. The Company reserves the right to deny the access of any user to the Services without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Services. You agree that the Company need not provide you notice before terminating or suspending your Account, but it may do so.
      3. You understand that we need to perform scheduled or unscheduled repairs and maintenance of the Services. If such situations cause an interruption of Services for a reasonable duration, we shall not bear any liability to you and/or to any third parties. However, we shall provide notice to you as soon as practicable.
    2. Modification

The Company reserves the right to change, modify, reprice, or discontinue (temporarily or permanently) the Services or any part thereof, with or without notice to you. You have the right to discontinue the use of the Services if you do not agree to such changes to the Services or these Terms made by us. Continued use of the Services shall be deemed as an acceptance of such changes.

  1. GOVERNING LAW AND DISPUTE RESOLUTION
    1. Governing Law
      1. The laws of California, without regard to principles of conflict of laws thereof, will govern these Terms and any dispute of any sort that might arise between you and the Company.
      2. Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods (1980).
    2. Dispute Resolution
      1. Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Company’s services and/or products, including the Services, or relating in any way to the communications between you and the Company or any other user of the Services, will be finally resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and the Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules.
      2. You acknowledge that the rights granted and obligations made to the Company under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to the Company for which remedies at law are inadequate. The Company shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
    3. User Disputes

You are solely responsible for your interaction with other users of the Services and other parties that you come in contact with through the Services. The Company hereby disclaims any and all liability to you or any third party relating to your use of the Service. The Company reserves the right, but has no obligation, to manage disputes between you and other users of the Services.

  1. ADDITIONAL PROVISIONS
    1. You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.
    2. All notifications sent to you by us under these Terms may be delivered via a webpage announcement, in-application pop-up message, email, text message or post; such notifications shall be deemed to have been received by the recipient on the date sent. Notifications from you to us should be sent to the contact address, fax number, email address or other contact details officially announced by us.
    3. These Terms constitute the entire agreement between you and the Company with respect to your use of the Services and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Services by the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
    4. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
    5. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
    6. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. These Terms may not be assigned by you without the Company’s prior written consent, but are freely assignable by the Company.
    7. The section headings used herein are for convenience only and shall not be given any legal import. Upon the Company’s request, you will furnish the Company with any documentation, substantiation or releases necessary to verify your compliance with these Terms.
    8. You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.
    9. You hereby agree that we have the right to, when providing Services, place any type of commercial or non-commercial advertisement in any form or other types of commercial information (including, but not limited to, the placement of advertisements on any page of The Site); you also agree to receive promotional or other relevant commercial information from us via email, short message service (SMS) or other methods, to the extent permitted by applicable law.
    10. International Use and Export Control
      1. These Terms may appear in different languages. If any discrepancy or inconsistency occurs between the versions of different languages, this English version shall always prevail.
      2. Software available in connection with the Services and the transmission of applicable data, if any, is subject to Singapore export controls. No software may be downloaded from the Services or otherwise exported or re-exported in violation of Singapore export laws. Downloading or using the software is at your sole risk. You hereby represent and warrant that (i) you are not located in a country that is subject to a Singapore government embargo, or that has been designated by the Singapore government as a “terrorist supporting” country; and (ii) You are not listed on any Singapore government list of prohibited or restricted parties.
      3. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. Particularly, you may not use or otherwise export or re-export the Services and its components except as authorized by United States (“U.S.”) law and the laws of the jurisdiction in which the Services was obtained. The software and applications comprise the Services may not be exported or re-exported into any U.S.-embargoed countries or to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By accessing and using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
    11. How to Contact Us. You may contact us regarding the Services or these Terms at: [548 A SPRING ST #1014 LOS ANGELES, California, 90013 United States of America] or by e-mail at [info@fashionlinefactory.com].