Welcome to Global Fashion Channel™, a modern platform for the ultimate fashion media experience (hereinafter, the “Platform”) that includes all websites, webpages, applications, and other Internet-based services operated by GFC Omnimedia, Inc., a Nevada corporation (hereinafter, the “Company,” “we,” or “us”).

BEFORE YOU USE THE PLATFORM IN ANY WAY, YOU MUST CAREFULLY READ ALL OF THE FOLLOWING CONCERNING YOUR LEGAL RIGHTS AND LIMITATIONS, AND PLEASE ASK US ANY QUESTIONS YOU MAY HAVE BY WRITING AN EMAIL TO: Legal@GlobalFashionChannel.com.

1. AGREEMENT TO USE THE PLATFORM    

         1.1  Your Acceptance of the Agreement

This Terms of Use, along with our separately stated Privacy Policy and Copyright Policy,  (all three documents together, hereinafter the “Agreement”), constitute the entire, complete, and binding agreement between you and the Company with respect to the subject matter discussed herein, except to the extent any terms herein are superseded by conflicting terms of another agreement that you may have or enter into with the Company. THE PLATFORM IS OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE OF THE AGREEMENT. BY USING THE PLATFORM FOR ANY PURPOSE, WITH OR WITHOUT A USER ACCOUNT AND FROM ANY DEVICE AND LOCATION, YOU REPRESENT THAT (1) YOU HAVE READ AND UNDERSTOOD THIS TERMS OF USE AND OUR PRIVACY POLICY AND COPYRIGHT POLICY, (2) YOU MEET ALL OF THE ELIGIBILITY REQUIREMENTS DESCRIBED BELOW AND (3) YOU ACCEPT AND AGREE TO BE BOUND BY THE AGREEMENT AS IT APPEARS ON EACH RESPECTIVE DATE YOU USE THE PLATFORM. IF YOU DO NOT ACCEPT THE ENTIRE AGREEMENT, OR ANY PART OF IT, YOU ARE NOT ALLOWED TO ACCESS OR USE THE PLATFORM IN ANY WAY.

         1.2   Location Where the Agreement is Executed and Performed

The Platform is offered and provided at our business location in Las Vegas, Nevada, U.S.A. (the “Business Location”). You agree that, by accessing or using the Platform, or any part thereof, you are voluntarily reaching into the Business Location to access the Platform, execute and enter into this Agreement, and purposefully avail yourself to the services offered by the Company solely at the Business Location; regardless of your own location. Moreover, if you access the Platform from outside of the Business Location, you acknowledge that you are solely responsible for compliance with all applicable local laws and regulations of your location. YOU ACCESS AND USE THE PLATFORM AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO THIS SITE OR ITS CONTENT IS APPROPRIATE, AVAILABLE FOR USE, OR EVEN LEGAL IN CERTAIN LOCATIONS OUTSIDE THE BUSINESS LOCATION.

         1.3   Changes to the Agreement

The Company may modify, amend, supplement, or otherwise change this Terms of Use as well as other parts of the Agreement, in whole or in part, at any time and at its sole discretion. Such changes to the Agreement will take effect as of the “Last updated” date stated at the top of this page. Each time you access the Platform, you consent to be bound by the most recently modified version of the Agreement. We will notify you of any such changes that are material (i.e., that substantially affect your rights) by either sending a notice to the last email address you provided to us or by placing a notice on this page or another area of the Platform. You are encouraged to review this page for any changes to the Agreement before using the Platform. For reasons of commercial practicality, you may not change any terms in the Agreement without our prior written consent.

2. WHO MAY USE THE PLATFORM

Except as otherwise expressly restricted below, anyone may use the Platform in accordance with the Agreement and all provisions of the Agreement apply to all users of the Platform.

        2.1   Age Restrictions

The Platform is intended for persons eighteen (18) years of age or older. If you are between thirteen (13) and seventeen (17) years of age, you may use the Platform under the supervision of your parent or legal guardian who has explained the Agreement to you and agrees to be bound to it on your behalf. YOU MAY NOT USE THE PLATFORM IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE.

        2.2   Geographic Restrictions

If you access the Platform from outside the Business Location, beware that the Platform may contain content, references, or links to other websites, webpages, products, or services that are prohibited or restricted by the laws or regulations of your country, territory, or jurisdiction. YOU MAY NOT USE THE PLATFORM IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS OF USE.

        2.3   Commercial User Restrictions

The Company may require certain users who provide content, advertisements, or other commercial material (collectively, “Commercial Users”) to enter into a special relationship with the Company governed by the terms of another agreement(s) (collectively, “Commercial Terms”), such as a media distribution agreement or advertising agreement, in addition to the Agreement. Commercial Users may only use the Platform in accordance with both the Agreement and the applicable Commercial Terms. To the extent there is any conflict(s) between any of the applicable Commercial Terms and these Terms of Use, the applicable Commercial Terms will control as to the conflicting provision(s).

3. HOW YOU MAY USE THE PLATFORM

Subject to all conditions, restrictions, and eligibility requirements described herein, we hereby grant you a limited, non-transferrable, non-exclusive, royalty-free, worldwide, revocable license to access the Platform, create a user account (“Account”) and profile, to enjoy services we will provide you including opportunities to view proprietary videos and other valuable content, and to use the Platform and Account for your own lawful purposes. This license is not a sale and does not grant you any ownership rights, title, interest, or any other rights in either the Platform or any of the contents you find therein.

        3.1   Your User Account

To access the full features of the Platform, you will need to create an Account.

        a. Account Registration and Password

You can create an Account by registering a new user name and password using any valid email address. The Company may, at its discretion, enable you with the opportunity to create an Account using your existing Facebook user name and password, your existing Google+ user name and password, or your existing credentials from other third party services. However, this would also require you to comply with the terms, conditions, and privacy policies of the applicable third party service (e.g., Facebook or Google+). All information you supply to create and maintain an Account must be truthful. Creating a fake account, or an account meant to impersonate another person or hide your true identity is prohibited. After creating an Account, you may not have more than one user account or profile, nor may you apply to open an alternative account if your Account is suspended, restricted, or terminated for any reason. Commercial Users may also be invited to create a special account which enables the uploading and management of content pursuant to the terms and conditions of the applicable Commercial Terms. If you have any questions or problems with creating or maintaining your Account, please write us an email at: UserAccounts@GlobalFashionChannel.com.

        b. Responsibility for Your Account

You are solely responsible for your Account, password, and profile. So long as you have an Account on the Platform, you must supervise and safeguard the use of your Account login name and password and take full responsibility for any use of and activity on your Account (whether authorized by you or not), including all activity that can be linked or traced back to your Account. You agree to immediately notify us of any unauthorized use of your Account, password, or profile and to report a lost or stolen password or Account name to us at: UserAccounts@GlobalFashionChannel.com. The Company may, at its sole discretion, investigate and take any available legal action in response to illegal or unauthorized uses of the Platform, including collecting usernames or email addresses of unauthorized users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Platform. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT: (1) NEITHER THE COMPANY NOR ITS AFFILIATES OR ITS PARTNERS WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR USER ACCOUNT, AND (2) THE UNAUTHORIZED USE OF YOUR USER ACCOUNT OR PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE COMPANY AND OTHER USERS OF THE PLATFORM. 

        c.   Account Deactivation

You may deactive your Account at any time, for any reason, by accessing the settings of a website or application that is connected to the Platform and following the deactivation instructions. This will have the effect of disabling your access to certain features, services, and content located on the Platform; though it will not terminate or cancel the Agreement or preclude you from accessing other basic features, services, and content located on other parts of the Platform.

        3.2   Fees and Payment

The Platform is currently free to access for eligible users. In the future, we may decide to charge monetary fees for various features and services that we offer, add, or change, and we will notify you of all such charges at the time that we offer you those features or services for a fee so that you may decide to opt-in to pay for such service.

        3.3   Information About You and Your Account

If you use the Platform in any way, the Company may receive, gather, collect, retain, disclose, and otherwise use, certain personally-identifying and other information about you and your Account in accordance with our Privacy Policy. Additionally, by creating any type of account and profile on the Platform, you give the Company the right and ability for the Company to view your account and profile as well as give other users the  right and ability for other users of the Platform to view your profile. If you sign in to any part of the Platform using third party service credentials (e.g., Facebook login credentials or Google+ login credentials), you also thereby authorize the Company to receive and use your account information from that third party (e.g., Facebook or Google+), including but not limited to your full name, profile picture, age range, language, and list of friends or contacts. You agree that all such information may be retained and used, including for any profit or non-profit purposes, by the Company without monetary compensation to you in consideration for the various valuable services provided to you on or through the Platform. For more information regarding the information we collect from you and how we use it, please review the latest version of our Privacy Policy.

        3.4   Electronic Communication Consent

When you create an Account, send us an email, or otherwise provide us your email address, you are communicating with us electronically and thereby consent to receive emails and other electronic communications, notices, messages, updates, offers, and information about our services and products. We may publish or deliver electronic communications to you through one or more media of our choosing and in the form of periodic issues with a frequency of our choosing. Except for communications that are necessary to facilitate a transaction, such as to complete a sale or provide you with a sales receipt, we will give you the opportunity to “Unsubscribe” and thereby opt-out of receiving  electronic commercial communications from us by following the hyperlinked opt-out instructions that will usually be found  at the bottom of each such communication.

        3.5   Restrictions on Your Use of the Platform

Unless you have first obtained the Company’s express written consent (e.g., pursuant to separately stated Commercial Terms), you hereby agree that you will not do any of the following:

        a. NOT use the Platform, or any portion(s) thereof or content found therein, in any way that is not expressly permitted by the Agreement or by another agreement between you and the Company;

        b. NOT use the Platform in a way that violates the governing law or any other applicable local, state, national and international laws and regulations of your residence and location or infringes the rights of any person;

        c. NOT use the Platform, or any of its contents, to sell access to the Platform or its contents to others;

        d. NOT advertise, link, or provide Content on or through the Platform for offering to sell or purchase goods or services to another user of the Platform or for any other commercial purpose;

        e. NOT collect, data-mine, or harvest personally identifiable information, including account names or email addresses for your profit;

        f. NOT act as an agent, affiliate, or representative of the Company or the Platform;

        g. NOT use any of the trademarks or other IP of the Company, or our affiliate(s) or licensor(s), except in a plainly descriptive manner and that is not any “metatag” or other information used by search engines or other information location tools to identify and select websites or webpages;

        h. NOT suggest or infer that the Company or the Platform has any relationship or affiliation with your website, webpage, or application or endorses, sponsors, or recommends the contents, products or services on your website, webpage, or application;

        i. NOT reproduce, adopt, incorporate, distribute, or transmit any piece of Content you found on the Platform on your Web site, mobile application, or content, including any adaptation or derivative work featuring any part of such Content;

        j. NOT modify, translate, adapt, edit, transform, or otherwise create derivative works of or from any part of the Platform;

        k. NOT circumvent, hack, disable, decompile, reverse-engineer, DDOS attack, password sniff, inject malicious code into, or interfere in any way with security-related features, robot-exclusion headers, technical measures, algorithms, source code, or digital rights management tools that restrict or limit use or copying of the Platform or any contents therein;

        l. NOT impose, in our sole opinion, an unreasonable or disproportionately large burden on our infrastructure;

        m. NOT deep-link to any portion of the Platform for any purpose;

        n. NOT frame, mirror, or otherwise incorporate any part of the Platform into any other website, webpage, mobile application, product, or service; and

        o. NOT post, publish, transmit, or link to any one or more of the following on the Platform:

           (i) Virus, Trojan horse, worm, malware, or other malicious code;

           (ii) Robot, spider, scraper, crawler, avatar, offline reader, intelligent agent, or other automated means or any manual process for any purpose;

           (iii) SPAM; Junk-mail, chain letter, or phishing message;

           (iv) Illegal, infringing, pirated, or plagiarized content;

           (v) Vulgar, obscene, sexual, erotic, pornographic, or otherwise inappropriate content;

           (vi) Racially, ethnically, sexually, or otherwise discriminatory language;

           (vii) Defamatory, false, fraudulent, or otherwise untruthful language;

           (viii) Harassing, intimidating, stalking, hateful, or threatening language;

           (ix) Online vandalism;

           (x) Impersonation or identity theft of another person;

           (xi) False or knowingly misspelled names;

           (xii) Invasion of another person’s privacy rights;

           (xiii) Political campaigning.

4. CONTENT ON THE PLATFORM

For purposes of the Agreement, “Content” is defined as any idea, information, data, text, tag, script, message, comment, question, slogan, newsletter, description, pricing, table, statistic, ranking, rating, review, list, map, spreadsheet, model, picture, photo, presentation, drawing, graphic, infographic, logo, design, brand, image, button, icon, widget, interface, application, application programming interface (“API”), software, source code, object code, digital file, compilation, composition, sound, sound recording, audio clip, music, jingle, spoken word, performance, speech, audio-visual work, interactive work, game, video game, movie, film, show, video, video clip, commercial, infomercial, advertisement, and all other material, feature, or function that may be reproduced on, posted to, distributed, delivered, streamed, displayed, or otherwise made available on or through the Platform.

        4.1   You are Responsible for Content You Post

The Company may allow you to post, upload, publish, create on, link to, transmit, display, contribute, supply or otherwise make available on or through the Platform (hereinafter, “Post”) Content using your Account. You are solely responsible for all Content that you individually Post in publicly accessible areas of the Platform and also for all Content you transmit to other users, including via chat fields, comment boxes, forums, text messages, profiles, and albums. You may not Post or privately transmit (either on or off the Platform) any Content containing offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material or Content that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). Moreover, you agree that all the Content you provide about yourself in your personal profile, or in any other area of the Platform, including Content submitted from  a third party service (e.g., your Facebook account or Google+ account), is and remains truthful and accurate, and that you will promptly update any Content you supplied that subsequently becomes inaccurate, incomplete, misleading, or false.

        4.2   Content Rights and Takedown of Infringing Content

You  must have full rights to reproduce, distribute, and transmit all Content you ever Post to the Platform. You agree, promise, represent, and warrant that the Content you Post will not infringe the rights of any third party, and that you will take all steps necessary to avoid placing any Content which contains infringing material on the Platform. Additionally, to the extent you find any other Content on the Platform to be infringing of your intellectual property, your recourse is to submit a notice pursuant to our Copyright Policy  with regard to copyright issues or, with regard to any other intellectual property issues, write us an email to the following address describing the suspected infringement: Legal@GlobalFashionChannel.com.

        4.3   Ownership and License of Content You Post

With respect to each piece of Content you Post to the Platform, you will retain any ownership rights you are entitled to by applicable law and hereby agree that the Company will be automatically granted a worldwide, perpetual, non-exclusive, sublicensable, transferrable and royalty-free license to that piece of Content when you first upload it onto, transmit through, or create it on or using the Platform. If you later edit, modify, or delete any Content you Post (e.g., if you delete or edit a comment), you understand that prior versions of such Content will continue to be licensed to and freely used by the Company, and may persist in backup copies for a period of time (but that following modification or removal, we will not make them available publically on the Platform) or may remain with users who have previously accessed, downloaded, or otherwise saved such prior versions of your modified or deleted Content. You also grant the Company a worldwide, perpetual, non-exclusive, sublicenseable, transferrable and royalty-free license to use your name, biographic information, and photograph or likeness in connection with such Content. You acknowledge that we may choose to use and reuse the Content in any way, with or without attribution to you, and at our sole discretion. Moreover, Commercial Users may be subject to Commercial Terms that contain special provisions governing specific types of Content which supersede any inconsistent provisions in this Terms of Use; though any Content supplied by a Commercial User that is not covered by or subject to the Commercial Terms will be governed by this Terms of Use.

        4.4   Company’s Full Editorial Discretion Over Content

The Company has full discretion and rights to provide, edit, modify, remove, delete, and discontinue the availability of any piece or group of Content, in whole or in part, to and from the Platform at any time without providing any reason or notice to you; including with regard to our own Content and all Content supplied by you, other users, and third parties. You understand and agree that the Company may, but is not obligated to, monitor or review any Content existing on the Platform, including Content you Post and other users’ or third party Content which you find offensive, inaccurate, deceptive, harmful or otherwise objectionable. You agree that your use of the Platform is at your own risk, and that you will not seek to hold the Company responsible or liable in any manner for the Content of other users or third parties.

5. YOUR INTERACTION WITH OTHER USERS

To maintain a safe and supportive community on the Platform, users are expected to behave in a respectful manner at all times. However, you are solely responsible for your interactions with other users.

        5.1   Your Conduct on the Platform

You agree that you will not engage in any of  the following rules regarding behaviors that are prohibited on the Platform:

        a. No stalking, harassing, intimidating, and bullying others.

        b.No invading the privacy or revealing the personal information of others without their consent.

        c.No copying, adapting, distributing or otherwise using the copyrights, trademarks, publicity rights or other intellectual properties of others without their consent.

        d.No obscene or sexually explicit language, photos, or videos.

        e. No hate speech (speech that attacks a person or group on the basis of race, ethnicity, religion, disability, gender, age, or sexual orientation).

        f. No SPAM or contacting other users for commercial purposes without our prior written consent.

        g. No encouragement or participation in any criminal or other illegal conduct.

        5.2   Conduct of Other Users

We cannot guarantee full compliance with the above rules by each of the many users of the Platform. You may report problems with other users you experienced by writing an email to: Legal@GlobalFashionChannel.com. However, you understand that the Company: (1) is NOT required to regularly supervise or control the interactions between any users or third parties, (2) does NOT control the availability or provision of goods and services by Commercial Users and their merchandise providers (e.g., Amazon) (3) does NOT get involved in any way with the transfer of financial information between you and other users or third parties, including payment processing companies (e.g.,  PayPal and credit card companies), (4) does NOT verify the true identity, age, nationality, or representations of Platform users, and (5) does NOT conduct background checks or verifications of its users. You agree that you will not hold the Company, or any our shareholders, officers, directors, agents, employees, affiliates, subsidiaries, or licensees, liable (directly or indirectly) or responsible in any way for the conduct of any user of the Platform, or for any claims, demands, loss, or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising out of or relating to the conduct of any user in connection with the use of the Platform; including, without limitation, death, bodily injury, emotional distress, or any other damages resulting from communications or meetings with other users or persons you meet through the Platform. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to send money to another user, communicate off the Platform, or meet in person.

6. THIRD PARTY CONTENT

You are solely responsible for your interactions with third parties you may meet or connect with on the Platform.

        6.1   Links to Third Party Offerings

The Company may allow or provide, or authorize certain Commercial Users or third parties to provide, advertisements or links on or through the Platform to websites, webpages, applications, services, products, and other resources operated by a party(s) other than the Company (“Third Party Offerings”). In doing so, the Company is NOT endorsing any such Third Party Offerings unless our endorsement expressly stated. You acknowledge and agree to not hold the Company, or any our officers, directors, shareholders, agents, employees, affiliates, or subsidiaries, responsible or liable for the availability, quantity, or quality of any such Third Party Offerings or for any content, information, advertisement, product, service or other material on or available therefrom. You also acknowledge and agree to not hold the Company responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.

        6.2   Dealings of Users and Third Parties

Purchases and other business dealings with users or other third parties found on or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the users or other third party. Buyer beware: you provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to Commercial Users, other users, or third parties solely at your own risk. Should you choose to make purchases from or provide your financial information to any users or third parties, you do so solely AT YOUR OWN RISK. WE DO NOT EXERCISE CONTROL OVER YOUR BUSINESS TRANSACTIONS  (INCLUDING BUT NOT LIMITED TO PURCHASES) WITH OTHER USERS OR THIRD PARTIES, AND WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND REGARDING YOUR PURCHASES FROM THEM, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OPERABILITY, FUNCTIONALITY, AND COMPLETENESS. 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 CONDUCT OF ANY USER OR OTHER THIRD PARTIES ON THE PLATFORM.

7. INTELLECTUAL PROPERTY RIGHTS

Any trademarks and service marks (e.g., Global Fashion Channel™ and our logos, slogans, and phrases), trade dresses, copyright-protected works, rights of publicity, patents, know-how, trade secrets, proprietary ideas, and publicity rights that are reproduced, distributed, displayed, performed, transmitted, or otherwise appearing on the Platform or any Content therein (collectively, the “IP”) are either owned by us, have been licensed to us, or are being used by us in a merely descriptive manner, under the fair use doctrine, under the first-sale doctrine, by virtue of being in the public domain, or in accordance with some other legal exception(s) or exemption(s). Other than as expressly allowed by us in writing, nothing herein or in the Platform may be implied as granting any license, assignment, or right to copy or use of our trade name or any of our IP without our prior authorization. Any unauthorized reproduction or distribution of the Platform, and Content found therein, is expressly prohibited and may result in civil litigation, damages, injunctive relief and possibly even criminal penalties under law. Please inform us if you become aware of any infringement or violation of intellectual property rights, by emailing us at: Info@GlobalFashionChannel.com.

8. INDEMNIFICATION

You agree to defend, indemnify, reimburse, and hold harmless the Company as well as our shareholders, directors, officers, employees, agents, advisors, subsidiaries, affiliates, assignors and licensors from and against any and all claims, causes of action, actions or demands, liabilities, damages, losses, fines, penalties, costs and expenses of any kind, and settlements including without limitation, reasonable attorneys’ fees, paralegals’ fees, expert witness’ fees, investigation fees, and accounting fees, arising from or related to (i) your unauthorized use of the Platform, (ii) any Content you Post or that is otherwise introduced to the Platform from your Account, (iii) your breach of any provision in the Agreement, (iv) any of your representations or warranties made herein, or (v) your violation of any law or rights of any third party. We will have the option to assume the exclusive defense and control of any action to which the Company is named a party and you agree to cooperate with us in asserting any available defenses we find appropriate. NOTHING STATED IN THIS TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU HEREIN.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

The express responsibilities set forth herein are the only responsibilities of the Company to you, and we have no other responsibilities to you with respect to the Platform. You acknowledge that the Company has no duty to take any action regarding: (a) which users gain access to the Platform (except authorized Commercial Users); (b) what Content you access or view via the Platform; (c) what effects Content you view on or through the Platform may have on you; (d) how you may interpret or use the Content; or (e) what actions you may take as a result of having been exposed to the Content.

        9.1   Warranty Disclaimers

YOUR USE OF THE PLATFORM, GENERALLY, IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND ALL SOFTWARE, INFORMATION, CONTENT, PRODUCTS AND SERVICES WE PROVIDE THROUGH IT (1) ARE PROVIDED TO YOU ON “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASES, (2) MAY INCLUDE ERRORS AND INACCURACIES REGARDING, AMONG OTHER THINGS, THE AVAILABILITY AND NATURE OF GOODS OR SERVICES OF COMMERCIAL USERS , AND (3) ARE OFFERED TO YOU WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OPERABILITY, FUNCTIONALITY, AND COMPLETENESS. MOREOVER, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE PLATFORM WILL: (A) BE UNINTERRUPTED, UNCOMPROMISED, OR FREE FROM TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS; (B) BE FREE OF HACKING, INTERFERENCE, STATIC, VIRUSES, TROJAN HORSES, WORMS, MALWARE, OR OTHER HARMFUL COMPONENTS; (C) BE SECURE AND AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) BE CURED OR CORRECTED OF ALL ERRORS AND DEFECTS EVEN IF THE COMPANY IS AWARE OF THEM; AND (E) MEET ALL OF YOUR REQUIREMENTS OR EXPECTATIONS.

        9.2   Company’s Liability Will Be Limited

You agree, to the maximum extent permitted under applicable law, not to hold the Company or our shareholders, officers, directors, employees, agents, representatives, suppliers, partners, affiliates, or licensees responsible or liable for any damages or remedies of any kind arising from your use of this website or the service, or from a delay or inability to access or use this website (including, but not limited to, your reliance upon third party information, content, user content, reviews and opinions appearing on the service, viruses, errors, linked sites, properties, products, and services obtained through the service) including but not limited to any direct, indirect, incidental, special, exemplary, punitive, lost profits, lost goodwill, lost data, waste of expenditures, cost of substitute, and consequential damages, even if we were expressly advised about the possibility of such damages. To the extent Company or any of our officers, directors, employees, agents, representatives, suppliers, partners, affiliates, or licensees can be and are found liable for any loss or damages of any kind arising from your use of the Platform, or the Content, such liability is expressly excluded to the fullest extent permitted by law; except that the total of any such liability shall be limited and capped in aggregate to the greater of (a) reimbursement of the total fees paid to the Company by you (if any), or (b) a maximum of one thousand U.S. Dollars ($1,000). In cases where applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, the Company’s liability will be limited to the fullest extent permitted by applicable law. Also, certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain liabilities or damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

10. DISPUTE RESOLUTION SYSTEM

Mindful of the high cost of litigating disputes, not only in dollars but also in time and energy, the parties hereto agree to the following dispute resolution procedure: In the event of any claim, controversy, cause of action, or dispute arising out of or related to any conduct on the Platform or the breach, enforcement, interpretation, or validity of this Terms of Use, the other parts of the Agreement, or any portion(s) thereof (“Dispute”), the complaining party shall first attempt in good faith to settle such Dispute by delivering written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute, and allowing the receiving party thirty (30) days since the date of notice delivery to respond.

        10.1   Arbitration & Jurisdiction

Any Dispute between you and the Company that arises in whole or in part from the Platform, and which is not resolved informally within thirty (30) days after notice is delivered in accordance with the preceding paragraph, will be exclusively resolved by binding arbitration before JAMS in Las Vegas, Nevada, U.S.A.  If an arbitrator cannot be mutually agreed upon within sixty (60) days after the date the Dispute first arose, each of the disputing parties will choose an arbitrator and those arbitrators will then select another arbitrator to conduct the arbitration and render a final decision. However, the arbitration award shall be binding on the parties and limited to findings of fact to which the parties agree to be bound.  After the conclusion of the arbitration, either party may submit the remaining (non-factual) issues in the Dispute to a court of competent jurisdiction in the State of Nevada to pursue a final and an enforceable judgment.

        10.2   Claim Limitations & Waivers

EACH CLAIM INVOLVING A DISPUTE MUST BE BROUGHT TO ARBITRATION WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH SUCH CLAIM AROSE OR IT WILL BE IRREVOCABLY WAIVED. ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS OR DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS. YOU HEREBY WAIVE YOUR RIGHT TO A CLASS ACTION LAWSUIT. YOU ALSO HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL AS WELL AS YOUR RIGHT TO CLAIM THAT CLARK COUNTY, IN THE STATE OF NEVADA, U.S.A., IS AN INCONVENIENT OR IMPROPER FORUM OR VENUE TO HEAR AND RESOLVE ALL CLAIMS OR DISPUTES CONCERNING THIS AGREEMENT.

        10.3   Damages and Irreparable Harm

The parties hereto further agree that a presiding court of competent jurisdiction’s damages award will be limited to compensatory damages at most, and that no punitive, treble, or consequential damages may be awarded. Notwithstanding the foregoing, you acknowledge that the unauthorized use of the Platform or Content could cause irreparable harm to the Company and our other users, and that in the event of your unauthorized use, we will be entitled to an injunction, specific performance, temporary restraining order, and all other remedies available at law or in equity.

        10.4   Law Enforcement Compliance

Nothing contained in the Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Platform, or to the information provided to or gathered by us with respect to such use. We may, at our sole discretion, determine whether a particular piece of your Content violates any laws and cooperate with any law enforcement authorities or court order requesting or directing the Platform to disclose the identity of anyone posting any Content on the Platform. We reserve the right to access and disclose any information including, without limitation, user names of Accounts and other information to comply with applicable laws and lawful government requests.

11. TERM AND TERMINATION

This Terms of Use will remain in full force and effect unless and until the Company terminates your Account or your right to access the Platform. The Company may terminate or suspend your Account and access to the Platform at any time with or without notice if we believe you have breached any representation, warranty, promise, agreement or other provision stated in the Agreement, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees (if any). The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. After your Account is terminated for any reason, all terms of this terms of use survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. You may not cancel or terminate this Terms of Use without our express written consent. Any provisions in this Terms of Use that must survive to give effect to its meaning or enforceability for disputes arising during its effective term (including the following sections on disclaimers and liability limitations, governing law, jurisdiction, and dispute resolution) will survive any termination, cancellation, or invalidation.

12. GENERAL PROVISIONS

The following provisions will govern any interpretation of this Terms of Use as well as all other parts of the Agreement:

        12.1   Independent Contractors

All parties hereto are independent contractors. You agree that no agency, partnership, joint venture, or employment relationship is created or exists between you and the Company or our affiliates unless expressly stated in another agreement. Other than the binding commitments stated herein, and unless stated otherwise herein, neither party has any authority of any kind to bind the other in any respect.

        12.2   Waivers

The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. In order for any waiver of compliance with the Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. However, such waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein.

        12.3   Severability

If any provision of the Agreement is deemed to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that the Agreement will otherwise remain in full force and effect.

        12.4 Assignments

You may not assign or transfer the Agreement, including any part of this Terms of Use or any licenses and rights discussed herein, without our prior written consent. Any attempt by you to assign, transfer, delegate or sublicense the Agreement, or any part thereof, without such consent will be null and void. We may assign, transfer, delegate or sublicense the Agreement or any licenses and rights discussed herein, at our sole discretion, without restriction. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

        12.5   Force Majeure

Neither of the parties hereto will be deemed to be in violation or breach of contract if performance of the obligations required by the Agreement is delayed or rendered impossible because of any natural disaster, war, terrorist act, earthquake, fire, thunder, lightning, typhoon, tsunami, hurricane, flood, strike, sickness, accident, civil commotion, epidemic, act of government, act of God, alien invasion, rebellion, revolution, riots, explosion, marine accident, strike, lockout, labor dispute, shortage or regulation of energy supply or materials, or other unforeseen event that is beyond the control of either party hereto.

        12.6   Notices

All notices we are required to give you may be delivered electronically by email or through the Platform. Unless you indicate otherwise prior to our sending of the notice, we may send email notices to your last-supplied email address or the email address that is linked to your user profile. Notices to the Company must be sent to: Legal@GlobalFashionChannel.com. Notices we send you will be deemed delivered when emailed or transmitted by us, and all notices you provide us will be deemed to have been delivered when emailed to us.

        12.7   All Rights Reserved

All rights not expressly granted to you herein are reserved and not waived. We reserve the right to enforce our rights to the fullest extent permitted under the laws of any state, country, and international body, including criminal prosecution where available.

        12.8   Governing Law

The Agreement, which includes this Terms of Use, is made in, entered into, governed by, and will be construed in accordance with the laws of the State of Nevada, U.S.A., without resort to its conflict of laws provisions.

13. CONTACT

If you have any questions regarding this Terms of Use or any other part of the Agreement, please contact us. All questions, comments, concerns, and notices to the Company should be directed via email to: Legal@GlobalFashionChannel.com.