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Terms of Use


Terms & Conditions of Use

Welcome to FASHIONDIG. FASHIONDIG and its affiliates provide their services to you subject to the following conditions. If you visit or shop at FASHIONDIG, you accept these conditions. Please read them carefully.

Privacy

Please review our Privacy Notice, which also governs your visit to FASHIONDIG, to understand our practices.

Intellectual Property Rights (Copyright & Trademarks)

COPYRIGHT

All content on this website including, but not limited to, text, graphics, logos, button icons, images, video, and audio clips, is the property of FASHIONDIG or its content suppliers and protected by United States and International copyright laws. The compilation of all content on this website is the exclusive property of FASHIONDIG and protected by U.S. and International copyright laws. All software used on this website is the property of FASHIONDIG or its software suppliers and protected by United States and International copyright laws.

TRADEMARKS

"FASHIONDIG", "Fashion Diggers", "shop the decades of 20th century style", "Build-A-Shop Program™", and other FASHIONDIG graphics, logos, page headers, button icons, scripts, information, data, software, photographs, graphs, videos, graphics, music, sounds and service names are trademarks or trade dress of FASHIONDIG.

FASHIONDIG's trademarks and trade dress may not be used in connection with any product or service that is not FASHIONDIG's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FASHIONDIG. All other trademarks that appear on this website which are not owned by FASHIONDIG or its subsidiaries are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FASHIONDIG.

Users are prohibited from using any Marks without the written permission of FASHIONDIG or such third party, which may own the Marks. All content on the website is protected by copyright.

License and Website Access

FASHIONDIG grants you a limited license to access and make personal use of this website, but you may not download (other than page caching) or modify it, or any portion of it, except with express written consent of FASHIONDIG. This license does not include rights for resale or commercial use of this website or its contents. Any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools is expressly prohibited.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, licensed, modified, or otherwise exploited for any commercial purpose without express written consent of FASHIONDIG. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FASHIONDIG and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing FASHIONDIG's name or trademarks without the express written consent of FASHIONDIG. Any unauthorized use terminates the permission or license for use granted by FASHIONDIG.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FASHIONDIG so long as the link does not portray FASHIONDIG, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the FASHIONDIG logo or other proprietary graphic or trademark as part of the link without express written permission except for the use of the logos described on this page in the manner specified.

Indemnification

You agree to indemnify, defend and hold harmless FASHIONDIG, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs (including reasonable attorneys fees) resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

Linked Internet Websites and SHOPS

Parties other than FASHIONDIG and its subsidiaries operate stores, provide services, and/or sell product lines on this website. Other businesses and individuals offer products in our "Shops", and "'Auctions" sections. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating the offerings of any of these businesses or individuals or the content of their websites, nor do we warrant or guarantee them. The user is responsible for evaluating the merits of such content. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

FASHIONDIG does not assume any responsibility or liability for the actions, products, services, advice, statements and/or other content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

No Screening of Third Party Advertisements

FASHIONDIG does not screen or endorse advertisements or communications submitted by third party licensees, advertisers, or subscribers for electronic dissemination through FASHIONDIG. Users are therefore advised to use their own judgment to evaluate all advertisements and other communications made available at or through the use of FASHIONDIG prior to purchasing goods and/or services, or otherwise responding to any communication at FASHIONDIG.

Restrictions on Visitor Reviews, Comments, and Other Content

Visitors may post reviews, comments, and other content (i.e. submit chat room dialogue); send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "Spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. FASHIONDIG reserves the right (but does not have the obligation) to remove or edit such content. FASHIONDIG does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant FASHIONDIG and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FASHIONDIG and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FASHIONDIG or its affiliates for all claims resulting from content you supply.

FASHIONDIG has the right but not the obligation to monitor and edit or remove any activity or content. FASHIONDIG takes no responsibility and assumes no liability for any content posted by you or any third party.

Confidentiality of Visitor Communications and Postings

Visitor Communications to FASHIONDIG
Except as required by law, FASHIONDIG will maintain the confidentiality of all user communications that contain personal user information and which are transmitted directly to FASHIONDIG.

Postings
Postings by a user on any message board will not be protected as confidential, and FASHIONDIG may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to its parent company, subsidiaries and affiliates for any purpose whatsoever as deemed appropriate by FASHIONDIG.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE IS PROVIDED BY FASHIONDIG ON AN "AS IS" AND "AS AVAILABLE" BASIS. FASHIONDIG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FASHIONDIG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FASHIONDIG DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM FASHIONDIG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FASHIONDIG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN 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.

Purchases

General
Customers agree to purchase the products and services ordered on the various order screens when the customer clicks on the "SUBMIT," "ORDER", or similar button on the product or service order screens. The terms of the purchase agreement include the information on the various order screens and the terms of this Section regarding Purchases.

Product Warranty by Manufacturer
Many of the items offered by FASHIONDIG is of vintage age and therefore in used condition. These products do not have any associated Manufacturer's Warranty. In some instances items may be new and in current production and may have available Warranties from the Manufacturer. Items with such Manufacturers' Warranties will be labeled as such.

Availability
FASHIONDIG updates its products and services on a continuous basis and tries to provide up-to-date information on product availability. However, many products are unique or one-of-a-kind and sometimes products are sold or unexpectedly unavailable. You will be informed if any products you ordered turn out to be unavailable or if any service you ordered has been changed.

Prices, Taxes and Shipping & Handling
Prices posted by FASHIONDIG are in no way warranted to be correct. Errors can occur despite appropriate diligence. We do make an effort to be as accurate as is possible and will correct any errors as soon as possible after they are discovered. Most posted prices will not include charges for shipping, insurance, or applicable taxes or duty that may be required. If posted prices include any of these charges it will be noted in the respective items description. We will notify you of any additional charges that will be necessary before processing your order. Be aware that you may have additional required tax or duty charges imposed by your locality, state or country. The purchaser is responsible for any of these additional charges.

Applicable Law

This website is created and controlled by FASHIONDIG INC. in the State of New Jersey, USA. As such, the laws of the State of New Jersey will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our website and these disclaimers, terms and conditions at any time.

Disputes

Any dispute relating in any way to your visit to FASHIONDIG or to products you purchase through FASHIONDIG shall be submitted to confidential arbitration in Union County, New Jersey, except that, to the extent you have in any manner violated or threatened to violate FASHIONDIG's intellectual property rights, FASHIONDIG may seek injunctive or other appropriate relief in any state or federal court in the State of New Jersey. You consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Modification and Severability of Website Policies

We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Use In Jurisdiction

FASHIONDIG has endeavored to comply with all legal requirements known to it in creating and maintaining this website, but makes no representation that materials on this website are appropriate or available for use in any particular jurisdiction.

Use of this website is unauthorized in any jurisdiction where all or any portion of this website may violate any legal requirements, and you agree not to access this website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision, or any provision of this agreement, is at your own risk, and if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed to have been superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall govern such use.

Entire Agreement

This agreement constitutes the entire agreement between you and FASHIONDIG with respect to this website. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and FASHIONDIG with respect to this website.

Notices

Notices from FASHIONDIG to Subscribers may be given by means of e-mail, by general posting on FASHIONDIG, or by conventional mail. Communications from you to the Company may be made by e-mail or U.S. mail. All questions, complaints, or notices to FASHIONDIG may be sent in the following manner:

A. By means of E-mail or Fax;
B. By U.S. Mail to:

FASHIONDIG INC.
1221 Woodland Avenue
Scotch Plains, NJ 07076





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