EFFECTIVE DATE: 05/01/2008
These Terms of Use, including our
Privacy Policy, as may be amended from time to time (collectively, the "Agreement") set forth the legally binding terms for your use of the Trendi.com website ("Service") located at www.Trendi.com ("Site"), including without limitation participation in its bulletin boards, forums, chats, and all other areas as provided by Trendi.com. By accessing the Site, you agree to be bound by the Agreement, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means that you have registered with Trendi.com) (Visitors and Members are referred to as "users," "you" or "your"). You are only authorized to access or use the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you do not agree to the terms of this Agreement, you should leave the Site and discontinue use of the Service immediately.
1. Description of Service; Minimum Age Requirement
Trendi.com ("Trendi.com," "we," "our" or "us") is a social networking service and shopping site that allows users to create unique personal profiles online in order to find and communicate with friends, share fashion and trends, and find products to rate and buy.
The Service is not intended for users under the age of 13. By using the Service, you represent and warrant that you are 13 years of age or older. Your profile may be deleted and your account may be terminated without warning, if we believe that you are under 13 years of age. Trendi.com does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
2. Modifications to Agreement
From time to time we may make changes to the Agreement. Any changed version of the Agreement will be posted on the Site along with its effective date. Your continued use of the Site following the posting of changes to the Agreement will mean that you accept those changes. It is your responsibility to check back regularly to review the Agreement and any updates thereto. In addition, when using particular services, you are subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.
3. Modifications to Service
You may use the Service only when and as available. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to this Agreement. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Service (or any part thereof) without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuance.
4. Registration
We may at times require that you register and/or set up an account to use certain portions of the Site. In order to do so, you may be provided or required to choose a password, user ID, and/or other registration information (collectively "Registration Information"). You agree to provide accurate, current and complete Registration Information. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Site, as described in our
Privacy Policy. If you provide any information that is inaccurate, not current, or incomplete or we have reasonable ground to suspect that such information is inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. Member Account; Password; Security
If you register and/or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information, your account and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
You agree to be liable for any transactions associated with your account. You authorize us to accept any use of the Service through your account as being used by you or someone authorized to act for you. You agree that we can rely upon the contact and other information that is supplied to us using your account and that we will rely upon such information. You agree to (a) immediately notify Trendi.com of any unauthorized use of your Registration Information or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. Privacy Policy
For more information, please see our
Privacy Policy which is a part of and incorporated into this Agreement.
7. Posting Content
You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") that you upload, post, email or otherwise transmit via the Service. Trendi.com does not claim ownership of the Content you upload, post, email or otherwise transmit via the Service unless otherwise specified. However, by posting, uploading, inputting, providing or submitting Content, you are granting Trendi.com, its affiliated companies, necessary sublicensees and successors and assigns a nonexclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable, license to use your Content in connection with the operation of the Service, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content and to publish your name in connection with your Content.
You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Service.
You acknowledge and agree that Trendi.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Trendi.com, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (x) rights, including any patent, transmissions over various networks; and (y) changes to conform and adapt to technical requirements of connecting networks or devices.
8. Prohibited Content
You agree not to upload, post, email, or otherwise transmit through the Service any Content or any other materials whatsoever that are or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third party's intellectual property trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) containing restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (f) promoting or providing instructional information about illegal activities; (g) solicitations for user passwords or personally identifying information for commercial or unlawful purposes; (h) unsolicited mass mailings, instant messaging, "junk mail," "chain letters," "spimming," or "spamming"; (i) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (j) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (k) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).
9. Prohibited Conduct
You agree not to do, or attempt to do, any of the following: (a) access or use the Service in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms; (b) access, tamper with, or use the Service in a manner not authorized; (c) "stalk" or otherwise harass another user of the Service; (d) alter information obtained from or available through the Service; (e) tamper with postings, registration information, profiles, submissions or Content of other users; (f) copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service, except for Content posted by you; (g) use any robot, spider, scraper or other automated means or interface not provided by us to access the Service; (h) extract data or gather or use information available through the Service though any means not intentionally made available or provided for through the Service; (i) transmit any unsolicited advertising, "junk mail," "spam," or "chain letters;" (j) advertise or offer to sell or buy any goods or services except as expressly permitted by Trendi.com or the Service; (k) accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Service on behalf of that person, such as placing commercial content on your profile, posting comments with a commercial purpose, selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose; (l) frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Trendi.com; (m) impersonate or misrepresent your affiliation with any person or entity; (n) manipulate identifiers in order to disguise the origin of Content transmitted through the Service; (o) reverse engineer any aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, Content or code of the Service (except as otherwise expressly permitted by law); (p) send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware," or other code that could adversely impact the Service or any recipient; or (q) interfere with or disrupt the Service or server or network connected to the Service, take any action that might impose a significant burden (as determined by us) on the Service's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
You agree not to use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior express consent, except as expressly permitted by Trendi.com. In order to protect Members from such advertising or solicitation, Trendi.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Trendi.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, comments, or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to Trendi.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Trendi.com $50 for each such unsolicited email or other unsolicited communication you send through the Service.
If you become aware of misuse of the Service by any person, please contact Trendi.com at
legal@trendi.com.
10. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. Monitoring of Content
We are under no obligation to restrict or monitor Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT TRENDI.COM DOES NOT REGULARLY MONITOR THE ACCURACY, RELIABILITY, OR QUALITY OF CONTENT. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Trendi.com. Trendi.com neither endorses nor is responsible for the accuracy, reliability, or quality of any opinion, advice, information, or statement made through the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances will Trendi.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of Content posted by others or the use of any Content posted, emailed, or otherwise transmitted via the Service.
12. Your Feedback
We hope that you will provide your Feedback (as defined below) so that we may improve the Service. However, you agree that you will not supply Feedback that infringes or violates the rights of others, and you hereby grant us a nonexclusive, worldwide, royalty free, perpetual, non-revocable license to use your Feedback in connection with the operation of the Service, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Feedback. You agree that we have no obligation to pay you or anyone else for Feedback or for the license to us. "Feedback" means all remarks, data, suggestions, methods, processes and ideas (including patentable ideas) that you provide about the Site or Content to us, through the Site or in other forums such as a Trendi.com chat room, bulletin board or the like.
13. Member Disputes
You are solely responsible for your interactions with other users. Trendi.com reserves the right, but has no obligation, to resolve disputes between users relating to the Service and our resolution of a particular dispute does not create an obligation to resolve any other dispute. Any resolution by us of a dispute will be final with respect to the Service.
14. Indemnification
As a condition of your access to and use of the Service, you agree to hold Trendi.com and our directors, officers, employees, agents, attorneys, subsidiaries, affiliates, independent contractors, advertisers, partners, co-branders and sublicensees and each of their respective successors and assigns harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Service and the Content therein; (ii) your violation of these Terms of Use, the
Privacy Policy, any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Service; (iv) Trendi.com's resolution (if any) of any dispute you have or claim to have with one or more users of the Service; (v) your improper authorization for Trendi.com to collect, use, or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Trendi.com disclose your personal information and other information collected as set forth in our
Privacy Policy).
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRENDI.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICE.
B. TRENDI.COM IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SERVICE OR BY ANY EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE.
C. TRENDI.COM IS NOT RESPONSIBLE FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE SITE OR THROUGH THE SERVICE, NOR ARE WE RESPONSIBLE FOR THE GOODS AND SERVICES PROVIDED BY OUR ADVERTISERS, PARTNERS OR FEATURED DESIGNERS. WE SHALL HAVE NO LIABILITY TO YOU, WITH RESPECT TO MERCHANDISE, PRODUCTS, AND/OR SERVICES FEATURED, MENTIONED, OR SOLD BY OTHERS ON OR THROUGH THE SITE.
D. TRENDI.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
E. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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 THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
F. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRENDI.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
G. UNDER NO CIRCUMSTANCES SHALL TRENDI.COM BE RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SERVICE, WHETHER ONLINE OR OFFLINE.
H. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN. TRENDI.COM DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND ON THE SERVICE AND, THEREFORE, TRENDI.COM SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SERVICE AND ANY OTHER ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICE.
16. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT TRENDI.COM WILL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. Use and Storage
You acknowledge that Trendi.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Trendi.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Trendi.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Trendi.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
19. Termination
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate this Agreement, your access to the Service, and/or your account, or suspend or block your access to the Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. If your account is terminated, you may no longer have access to the copies of material or other Content available through the Service. Trendi.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Trendi.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Trendi.com shall not be liable to you or any third-party for any termination of your access to the Service. The provisions entitled "Posting Content," "Feedback," "Indemnification," "Disclaimer of Warranties," "Exclusion of Damages; Limitation of Liability," and "Additional Terms" and the
Privacy Policy will survive termination of this Agreement. For the avoidance of doubt, Trendi.com's license rights to Content will survive any termination of this Agreement and will not be limited, restricted, reduced or otherwise negatively affected by any termination or other action described in this paragraph.
20. Dealings with Third Party Merchants, Advertisers, Designers; Links
Advertisements, offers, or links to other websites of third parties may be found on or through the Service. We do not control such websites of third parties (including designers featured on Trendi.com). Advertisements and information found on such websites may or may not be or remain wholly accurate. You acknowledge and agree that Trendi.com is not responsible or liable for (i) the availability or accuracy of such websites; or (ii) the Content, advertising, or products or services on or available from such sites. The inclusion of any link through the Service or the feature or promotion of a designer on Trendi.com does not mean that we approve of or endorse the linked site. You use the links at your own risk. Trendi.com's
Privacy Policy is applicable only when you are using the Service on the Site. Once you choose to link to another website, you should read and understand that website's privacy statement before disclosing any personal information.
Your correspondence or business dealings with, or participation in promotions of, third party merchants, advertisers or designers that are found on or through the Service or which provide links on or through the Service, including, for example, "click to purchase" and other similar programs, 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 merchant, advertiser or designer. You waive any claim against Trendi.com and agree to hold us harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers or designers on or through the Service.
21. Proprietary Rights in the Service and Software
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Software, if any, that is made available to download from the Service, excluding software that may be made available by end-users through the Service, ("Software") is the copyrighted work of Trendi.com and/or its suppliers. Except as expressly authorized by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a License Agreement, we grant you a personal, non-transferable and non-exclusive right and license to use the object code of such Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Trendi.com for use in accessing the Service. Any rights not expressly granted herein are reserved.
19. Trademark Information
Trendi.com, Inc., Trendi.com and other Trendi.com logos and product and service names are trademarks of Trendi.com (the "Marks"). Without our prior permission, you agree not to display or use in any manner, the Marks.
20. Copyright Infringement
It is our policy to restrict access to the Service and/or terminate the accounts of any user who infringes the copyrights of others. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Trendi.com to locate the material (for example, by providing a URL to the material); (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our copyright agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Trendi.com, 2819 Elliott Ave, #206, Seattle WA 98121; Attn: Copyright Agent; and email:
copyrightagent@trendi.com.
20. Notices and Contact Information
Except as otherwise provided in this Agreement, Trendi.com will give you any notices by posting them on the Site. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site. You authorize Trendi.com to provide notice (including without limitation notice of subpoenas or other legal process, if any) to any e-mail or other address that you provide during registration. You agree to keep your address current and that notice provided by Trendi.com to the address that you have most recently provided will constitute effective notice. We receive many emails and not all of our employees are trained to deal with every kind of communication, so you agree to send us any notice by mailing it to our address for Legal Notices which is: 2819 Elliott Ave #206, Seattle WA 98121. If a law requires us to accept email notice notwithstanding the foregoing, call us at: 206-484-5904, for our address established for receipt of such notices. If you would like more information or have a complaint about our Service, please contact us at
legal@trendi.com.
21. Additional Terms
a. Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of this Agreement unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge fees and you agree to print or make an electronic copy of this Agreement and any other contract or disclosure that we are required to provide to you.
b. Compliance with Laws. You are responsible for compliance with applicable local laws, keeping in mind that access to the Service by certain persons or in certain countries may not be legal.
c. No Agency; No Third Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of this Agreement.
d. Severance. If any part of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
e. Jurisdiction; Choice of Law; Export Limitations. The Service is controlled by us from our offices within the United States of America. If you choose to access the Service from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or this Agreement. This Agreement and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Service will be governed by the laws of the state of Washington, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington.
f. Limitations on Actions. Any action concerning any dispute you may have with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
g. No Waiver. The failure of Trendi.com to exercise or enforce any right or provision of this Agreement, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or our right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of this Agreement for your records.