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Terms & Conditions of
Use
Welcome to the One Of A Kind Formals Web Site (the
“Site”)! This Site is owned and operated One Of A Kind
Formals (the “Company”). Your access to and use of the
Site is subject to the Terms and Conditions set forth in
this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING
THE SITE. BY ACCESSING AND BROWSING THE SITE, YOU WILL
BE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT AND
AGREED WITHOUT LIMITATION OR QUALIFICATION, TO BECOME A
PARTY TO, AND TO BE LEGALLY BOUND BY, THIS AGREEMENT. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. THE
COMPANY MAY, FROM TIME TO TIME, MAKE CHANGES OR
ADDITIONS TO THIS AGREEMENT, AND YOUR CONTINUED USE OF
THE SITE AFTER THE COMPANY MAKES SUCH CHANGES OR
ADDITIONS WILL SIGNIFY THAT YOU AGREE TO SUCH CHANGES OR
ADDITIONS. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS
PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS.
1. AUTHORIZED USES. The Company, authorizes you to use
this Site and to display its content but solely for your
own noncommercial, personal use. Any other use is
strictly prohibited. You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Site, use of the
Site, or access to the Site.
2. PROPRIETARY RIGHTS. You should assume that everything
that you see or read on the Site is protected under the
copyright laws of the United States and other countries
and may not be used except as provided in these Terms
and Conditions. The Company neither represents nor
warrants that your use of materials displayed at the
Site will not infringe rights of third parties.
3. INACCURACIES AT THE SITE. While the Company uses
reasonable efforts to include accurate and up to date
information in the Site, the Company makes no warranties
or representations as to the Site’s accuracy. The
Company disclaims any and all liability for the content
of this information, including, but not limited to, the
accuracy, completeness, correctness, or correctness of
this information.
4. SECURITY AT THE SITE. While the Company uses
reasonable efforts to safeguard the security of the
Site, there can be no guaranty that such safeguards will
successfully prevent unauthorized alterations in the
content or functionality of the Site. The Company
assumes no liability or responsibility for any
unauthorized alterations in the content or functionality
of the Site.
5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES.
Your use of and browsing in the Site are at your risk.
Neither the Company nor any other party involved in
creating, producing, or delivering the Site makes any
representations about the suitability of the content of
this Site for any purpose, nor that your use of the Site
will be uninterrupted or error-free. NO SUCH PARTY SHALL
BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL,
INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS
TO, OR USE OF, THE SITE. EVERYTHING ON THIS SITE IS
PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please
note that some jurisdictions may not allow the exclusion
of implied warranties, so some of the above exclusions
may not apply to you. Check your local laws for any
restrictions or limitations regarding the exclusion of
implied warranties. The Company also assumes no
responsibility, and shall not be liable for, any damages
to, or viruses that may infect, your computer equipment
or other property on account of your access to, use of,
or browsing in the Site or your downloading of any
materials, data, text, images, video, or audio from this
Site. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE,
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION AT
THE SITE, Any unsolicited communication or material that
you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary. Any unsolicited
communication or material that you transmit or post may
be used by the Company or its affiliates for any
purpose, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcasting,
distribution or posting. Furthermore, the Company is
free to use any ideas, concepts, know-how, or techniques
contained in any unsolicited communication or material
that you send to the Site for any purpose whatsoever
including, but not limited to, developing, manufacturing
and marketing products using such information.
7. IMAGES OF PEOPLE OR PLACES. Images of people or
places displayed on the Site are either the property of,
or used with permission by the Company. Notwithstanding
anything to the contrary contained herein, the use of
these images by you, or anyone authorized by you, is
prohibited unless specially permitted by these Terms and
Conditions or specific permission provided elsewhere in
the Site. Any unauthorized use of the images may violate
copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
8. TRADEMARK INFORMATION. The trademarks, logos, and
service marks (collectively the “Trademarks”) displayed
on the Site, are registered and unregistered Trademarks
of the Company and others. Nothing contained on the Site
should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any
Trademark displayed on the Site without the written
permission of the Company or such third party that may
own the Trademarks displayed on the Site. Your misuse of
the Trademarks displayed on the Site, or any other
content on the Site, except as provided in these Terms
and Conditions, is strictly prohibited. You are also
advised that the Company will aggressively enforce its
intellectual property rights to the fullest extent of
the law, including the seeking of criminal prosecution.
9. HOLLYWOOD RECREATIONS/HOLLYWOOD AWARDS. All apparel
identified as Hollywood Recreations, Hollywood Awards,
Celebrity Inspired, Red Carpet, Celebrity Recreations,
Awards Ceremony, Celebrity Look Alike, Popular Awards,
and the like, are not licensed from or sponsored by The
Academy of Motion Picture Arts and Sciences, or by any
individual or company appearing at or associated with
its award ceremonies and events, including fashion
designers and their respective companies, nor are any
such entities affiliated with or a sponsor of the Site.
10. LINKS. The Company has not reviewed any sites that
may be linked to the Site and is not responsible for the
content of any off-site pages or any other sites linked
to the Site. Your linking to any other off-site pages or
other sites is at your own risk.
11. CONDUCT OF SITE VISITORS. Although the Company may
from time to time monitor or review postings,
transmissions, and the like on the Site, the Company is
under no obligation to do so and assumes no
responsibility or liability arising from the content of
any such locations nor for any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained in any
information within such locations on the Site. You are
prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material or any
material that could constitute or encourage conduct that
would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law. The
Company retains the right to remove any such posting and
will fully cooperate with any law enforcement
authorities or court order requesting or directing the
Company to disclose the identity of anyone posting any
such information or materials.
12. DEALINGS WITH ADVERTISERS Your correspondence or
business dealings with, or participation in promotions
of, advertisers found on or through the Site, including
payment and delivery of related goods or services, and
any other terms, conditions, warranties or
representations associated with such dealings, are
solely between you and such advertiser. You agree that
the Company shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such
advertisers on the Site.
13. NOTICES. The Company may give notice to its users by
means of a general notice on this Site, electronic mail
to a user’s e-mail address on its records, or by written
communication sent by first class mail to a user’s
address on its records.
14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT. The Company respects the intellectual
property of others, and we ask our users to do the same.
If you believe that your work has been copied in a way
that constitutes copyright infringement, or your
intellectual property rights have been otherwise
violated, please provide the Company’s Copyright Agent
with the following information:
(i) A physical or electronic signature of the person
authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; (ii) Identification
of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single online site
are covered by a single notification, a representative
list of such works at that site; (iii) Identification of
the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be
removed or access to which is to be disabled, and
information reasonably sufficient to permit the service
provider to locate the material; (iv) Information
reasonably sufficient to permit the service provider to
contact the complaining party, such as an address,
telephone number, and if available, an electronic mail
address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good
faith belief that use of the material in the manner
complained of is not authorized by the copyright owner,
its agent, or the law; (vi) A statement that the
information in the notification is accurate, and under
penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
15. INTERNATIONAL USE. None of the products or
underlying information or technology available at this
Site may be downloaded or otherwise exported (i) into
(or to a national or resident of) Cuba, Iraq, Iran,
Libya, North Korea, Sudan, Syria, or any other country
to which the United States has embargoed goods; or (ii)
to anyone on the United States Treasury Department’s
list of Specially Designated Nationals or the U.S.
Commerce Department’s Table of Deny Orders. By
downloading from, or using the Site, you represent and
warrant that you are not located in, under the control
of, or a national or resident of any such country or on
any such list. You further agree to indemnify the
Company against any and all costs, liabilities, losses
or expenses arising from, or relating to, any asserted
violation by you of any of the laws and administrative
regulations of the United States relating to the control
of exports of commodities and technical data.
16. MONITORING, COPYING, ALTERING OR INTERFERING WITH
THE SITE. You agree that you will not use any robot,
spider, other automatic device, or manual process to
monitor or copy our web pages or the content contained
herein without our prior expressed written permission.
You agree that you will not use any device, software or
routine to interfere or attempt to interfere with the
proper working of the Site. You agree that you will not
take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. You
agree that you will not copy, reproduce, alter, modify,
create derivative works, or publicly display any content
from our website without the prior expressed written
permission of the Company or the appropriate third
party.
17. GENERAL INFORMATION. These terms and conditions
shall be governed by and construed in accordance with
the laws of the State of New York, without giving effect
to any principles of conflicts of law. You agree that
any action at law or in equity arising out of or
relating to these Terms and Conditions shall be filed
only in the state or federal courts located in New York
County and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of
litigating any such action. If any provisions of these
Terms and Conditions shall be unlawful, void, or for any
reason unenforceable, then the provision shall be deemed
severable from these Terms and Conditions and shall not
affect the validity and enforceability of any remaining
provisions. Our failure to act with respect to a breach
by you or others does not waive our right to act with
respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and
agreement between us with respect to the subject matter
hereof.
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