PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.
MeliModa, Inc. ("MeliModa") maintains this web site as a service to its customers, potential customers, and other interested parties. Your use of this web site is subject in all respects to these terms and conditions.
MeliModa is an online community which facilitates the sharing and exchange of information between users. These users are in forms of Brands and designers, Wholesale Buyers, and the General Public. The MeliModa website encourages Brands and Buyers to form a buyer/seller relationship where merchandise can be sold via MeliModa to a Buyer at Brands terms and then resold in their physical store. Brands and designers may sign up and post information on their page where it is viewed by the General Public and Buyers. Information includes but is not limited to, catalogues, line sheets, photos, press clippings, cost, etc. Buyers may sign in to their own Buyer/Store/Boutique page where it is viewed by the General Public and Brands. Information includes but is not limited to, photos of the store, Brands they currently carry, Brands they are interested in and following on MeliModa, location of employer/boutique, etc. General Public will sign it to their Profile page where it is viewed by Brands and Buyers. Information includes but is not limited to, Brands they follow/interested in, contact information, etc. General Public is encouraged to rate merchandise via “I’d buy it” system, purchase merchandise, regularly sign in, etc. MeliModa offers other services including but not limited to, message boards, contests, point system rewarded with money, surveys, runway shows, exclusive events, etc. These services may change at any time.
This web site, and the information which it contains, is the property of MeliModa and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "MeliModa" and the MeliModa logo are registered trademarks of MeliModa, Inc., under the applicable laws of the United States and/or other countries. Other products or service names or logos appearing in the web site, MeliModa, are either trademarks or registered trademarks of each specific brand and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of MeliModa’s trademark or other intellectual property rights concerning that name or logo.
All other product names are trademarks or registered trademarks of their respective owners.
MeliModa’s Privacy Policy is available at Privacy Policy and is hereby incorporated by reference into these terms and conditions.
The information contained in this web site is for parties that can lawfully enter into and form contracts under applicable law. Such information includes, but not limited to, brands supplying personal photos, videos, prices, look books, apparel specifics, contact information, income, tax ID, location, etc. Such information includes, but not limited to, buyers supplying personal contact information, employer’s tax ID, income ratio, credit card, interests, etc. Such information includes, but not limited to, general public supplying personal information, interests, income, location, etc. There may also be delays, omissions, or inaccuracies in information contained in this web site. The information on this web site is provided with the understanding that MeliModa and various authors and publishers providing such information do not constitute the rendering of professional advice or services. As such, information on this web site should not be relied upon or used as a substitute for consultation with professional advisors. MeliModa may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
We take no responsibility for harm which may come to users as a result of use of our service. Users have sole responsibility for all interactions with other users, whether on MeliModa or face-to-face. We reserve the right to monitor all interactions between users which are carried out on MeliModa in order to restrict any behaviour we deem to be inappropriate, or which contravene these terms. Any action which we deem to be obscene, aggressive, in contravention of these terms or in any other way inappropriate will result in users' accounts being restricted or permanently closed without forewarning. MeliModa may alter or remove any aspect of our service at any time and at our sole discretion. MeliModa may modify the service at anytime with or without knowledge to users, and may do so without incurring liability.
Eligibility is only open to those agreeing to the terms and conditions set forth. By using this web site, you agree to MeliModa, Inc. and MeliModa agreement. The three user types are (1) Brand, (2) Buyer, (3) General Public. MeliModa, Inc. and MeliModa has included questions that will verify placement in one of the user types. MeliModa has the right to deactivate a Page that is not in accordance with the terms or user type.
No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that MeliModa authorizes you to view, copy, download, and print MeliModa documents (such as press releases and FAQs) that are available on this web site, subject to the following conditions:
1. The documents may be used solely for noncommercial, informational purposes.
2. The documents may not be modified.
3. Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Melimoda or such third party that may own the copyright of material displayed on this web site.
In using Our Service you agree to absolve MeliModa from responsibility for any harm which may come to you as a result of using the Service. You agree that any compensation which you may seek for harm which comes to you as a result of using the service will not be sought from us, but rather from the other User or Users. You agree not to seek any legal remedy or damages whether actual, consequential, nominal, punitive, nor otherwise nor impose liability on Us, Our staff, officers, directors, representatives, commercial partners or agents. By using the Site you indemnify and hold harmless MeliModa Inc., Our staff, officers, directors, representatives, commercial partners or agents for any negative experience which arises from Your use of the Site.
By submitting all or any content (including any photographs, videos, words, or pictures) to MeliModa, you grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, edit, sell, distribute, have distributed such content in any form, in all media now known or hereinafter created and for any purpose to market products. In using MeliModa you offer guarantee that You have sufficient rights to grant us this license. In addition, we may edit or delete any content that you submit without warning and for any reason. MeliModa shall not sublicense the rights you grant without prior written permission.
We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable which You come into contact with as a result of or in connection with use of MeliModa. Third –Party officials may have their own terms of use and other policies.
MeliModa offers a services that allows Brands, Buyers, and General Public to post images, video, press information, interests, cost, etc., via MeliModa in order facilitate purchases of products at wholesale (for Buyers) and at retail (for Public).
Each User, including Brands, Buyers, and General Public are solely responsible for delivering and uploading their own content to MeliModa. MeliModa reserves the right to modify or remove any content that is deemed inappropriate or not in accordance with MeliModa’s terms.
MeliModa, LLC charges Brand Users a small fee for use of the MeliModa Service. By using the MeliModa Service as a Brand, you agree to pay the amount posted by the host, monthly (or annually depending on the option you select), in full via the website. By using the service as a Brand you agree to pay $20.00 a month thirty (30) days or $200 a year after initial signup on a recurring credit card billing cycle, i.e. register on the 7th of the month, first payment will be collected 30 days after this date. In addition, by using Melimoda as a Brand, you agree to pay 7.5% of the total amount charged to the Buyer or Public (at wholesale or retail price) for the merchandise purchased on MeliModa.
By using the site, you agree to behave responsibly and not to: i)Violate any law, regulation, contractual obligation or court order, ii) Infringe on the rights of any person, business, group, entity or violate any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy, iii) Interfere with or damage the MeliModa website including viruses, worms, Trojan horses, or other programmes, scripts or software intended to do harm to the MeliModa website or other Users, iv) Use our services to post links to third-party websites where other wholesale brand information can be searched for, or inquired about, v) Post any Brand information or Boutique/Store/Buyer information which you do not own, have legitimate legal right to, is not your information, or in any other way that constitutes false identity and/or information, vi) Hold more than one user account, vii) Post false information about You, Your Brand/Store, Your identity or personality on the MeliModa website, viii) Make private arrangements to transact with, meet with, pay a smaller fee, or otherwise interact with other Users except via the MeliModa website in the manner described, ix) Submit any information which is inaccurate, misleading or false.
By purchasing merchandise on the MeliModa website at the price specified by Brands, You are accepting a legal offer and entering into a legally binding contract with the other User. The price and the order cannot be altered in any way after this purchase is made. Buyers and General Public must inspect merchandise within five (5) days of delivery. Brands and General Public have five (5) days to inspect and contact the Brands on any damaged goods. Brand then has three (3) days to contact the Buyer. If a resolution is not met between Brand and Buyer, MeliModa website will take action and come to a resolution without cost to MeliModa.
When submissions include but not limited to, questions, comments, suggestions, ideas, message board postings, contest entries, etc, you, as the Brand/Buyer/General public, grant MeliModa permission to use such submissions for marketing and other promotional purposes. You agree that MeliModa will have no obligation to keep any Submissions confidential and you will not bring a claim against MeliModa.
If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting MeliModa’s copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
MeliModa’s agent for copyright issues relating to this web site is as follows:E-Mail address: info@melimoda.com
In an effort to protect the rights of copyright owners, MeliModa maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
You are solely responsible for the resolution of disputes with other Users on MeliModa which have arisen as a result of or in connection with Users of the MeliModa website or Service. We reserve the right to monitor the communication between all Users undergoing the process of dispute resolution with impartiality.
After a sale is processed by MeliModa, the price nor the order cannot be altered in any way. Buyers and General Public must inspect merchandise within five (5) days of delivery. Brands and General Public have five (5) days to inspect and contact the Brands on any damaged goods. Brand then has three (3) days to contact the Buyer. If a resolution is not met between Brand and Buyer, MeliModa website will take action and come to a resolution without cost to MeliModa.
Any information that is transmitted in a manner that constitutes unlawful, harmful, threatening, abusive, tortuous, defamatory, libellous, invasive to another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable conduct will result in termination of such user’s account at any time without prior notice. This will not exclude any form of payment that is due to Melimoda for any monthly membership fees and percentage of sale fees. Melimoda will determine, in its sole and absolute discretion, if any user is in violation of Melimoda and User’s rights.
Melimoda may at any time revise these Terms of Service by updating this posting. By using the Melimoda website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.
You expressly understand and agree that:
(a) Your use of the Melimoda service is at your sole risk. The Melimoda service is provided on an "as is" and "as available" basis. Melimoda expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) Melimoda makes no warranty that (i) the Melimoda service will meet your requirements, (ii) the Melimoda service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Melimoda service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Melimoda service will meet your expectations, and (v) any errors in the software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the Melimoda service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or other liability that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained by you from Melimoda or through or from the Melimoda service shall create any warranty not expressly stated in the terms of service & privacy policy.
You expressly understand and agree that Melimoda shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Melimoda has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Melimoda service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Melimoda service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Melimoda service; or (v) any other matter relating to the Melimoda service.
This web site may contain links to non-Melimoda websites. These links are provided to you as a convenience, and Melimoda is not responsible for the content of any linked web site or the actions of those that provide or use such linked web site. Any non-Melimoda website accessed from the Melimoda website is independent from Melimoda, and Melimoda has no control over the content of that website. In addition, a link to any non-Melimoda website does not imply that Melimoda endorses or accepts any responsibility for the content or use of such a website.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Melimoda of that third party or of any product or service provided by a third party unless otherwise stated.
We reserve the right to terminate or suspend Your access to the Melimoda website, deactivate or delete your account and all related information and files associated with your account or restrict or otherwise limit your access to any such files and Services at any time and at our sole and unfettered discretion.
Cancellation of the Melimoda based on the user’s preference shall be made in writing via email to info@melimoda.com with a subsequent phone call in return from Melimoda. Any user may cancel the Melimoda service at any time as long as percentage sales fees are paid in full and remaining monthly balance is paid in full.
If you have any questions or suggestions regarding our Privacy Policy, please contact us by sending us an e-mail to info@melimoda.com.
If you object to the obtaining or sharing of Personal Information that is permitted under the Privacy Policy, you may do so by writing us at the aforementioned e-mail address. Melimoda will take reasonable steps to accommodate your request. However, in some instances, our doing so may interfere with or preclude your ability to use the Melimoda Services or may require us to terminate our relationship with you.
We collect the following Personal Information that you submit to us voluntarily:
• Our Member registration process to create an Account requires you to provide us with answers to several questions in order for Melimoda to determine the right user type for you: Brand, Buyer, or Public. Upon registration, you will have your own choice of a username, e-mail address, birthday, password, brand information, buyer information, etc.
• When you contribute Content to the Melimoda website by leaving comments, participating in our surveys (either directly, or through third party service providers), or providing any other Content to the Melimoda services through other means, we will collect all the information you provide.
• In connection with Sitesimon (and/or its third party service providers) will collect a wide variety of information on an optional basis. Please be aware that while some pieces of information that you provide to us would not be sufficient to identify you when seen by another User without any context, the combination of different pieces of information that you have provided for viewing by other Users or any contextual information may allow other Users to identify you.
• When you contact us by sending us an e-mail or using any of our contact forms, we will collect any information that is contained in (and/or attached to) your e-mail or that you enter into such forms.
As you use the Melimoda services, certain information may also be collected passively, including your Internet protocol (IP) address, the browser that you use to visit the Melimoda website, domain from which you are visiting, webpages you visit, search terms you use, and any advertisements that you click. This data is tracked to monitor the use of the Melimoda services and for the technical administration of the services. Melimoda also stores a small text file called a “Cookie” on your computer to store your login information (if any) and your personal preferences for the Melimoda services. Melimoda may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them). While you will still be able to use the Melimoda services if you disable Cookies in your browser, certain parts of the Melimoda services may not function as effectively. After you register and enable Cookies, we may associate this information with Personal Information that we have collected from you.
We may receive Personal Information about you from outside the Melimoda website, such as by telephone, fax, or mail or from third parties that provide services to us that are related to the Melimoda services. We may add this information to the information we have already collected from you via our Services.
In general, information (including Personal Information) you submit to the Melimoda website or to third parties that support us in collecting information is used by us to provide you and other Users with the Services, respond to requests that you make, to conduct market analysis on Melimoda Users and create appropriate surveys for each User, to improve our Services, and to better tailor the features, performance, and support of the Melimoda Services.
We may also use your Personal Information to provide you with notifications related to your use of the Services, such as electronic newsletters or promotional e-mails. As part of the Melimoda service you may be exposed to offers on behalf of other businesses. However, we do not give the other business your name and address.
These Terms and conditions are governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration before a single arbitrator conducted in the English language in New York, New York, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Melimoda shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the Southern District of New York or any other court of competent jurisdiction.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Melimoda may, at its sole discretion and without notice, revise these terms at any time by updating this posting.
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except by a new posting of web site terms and conditions by Melimoda Inc, as described above.
If you have read any or all of these Terms and Conditions, please email info@melimoda.com. Just for reading and seeing this message and deciding to email us, you will be rewarded with 100 pts in your account.
Thanks!
Copyright © 2010, Melimoda, LLC. All Rights Reserved.
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