Welcome to Trendease.com! This User Agreement (“User Agreement”) specifies the "terms and conditions" which governs the authorized use of Trendease.com (“web site”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. By your entry into and the your use of this web site, you acknowledge your unconditional and complete agreement to all of following terms and conditions - in full and without exception, and which may be updated from time to time by Trendease. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS AND CONDITIONS, PLEASE EXIT IMMEDIATELY. YOU ARE NOT AUTHORIZED OR PERMITTED TO EITHER ACCESS OR TO USE THIS WEB SITE.
1.0. AGREEMENT: This User Agreement is made between (i) Trendease International LLC (“Trendease”); and (ii) the organization, firm, company, individual or subscriber identified in the Order Form or anyone authorized to access and/or to use this web site (collectively “User”).
2.0. OWNERSHIP: The contents of this web site, to include text, photographs, graphics, images, logos, icons, metadata, software, compilation (meaning the collection, arrangement and assembly of all contents of this web site) and messages by email and all other web site materials (collectively "Web Site Content"), are copyrighted by and are the property of Trendease. The Web Site Content is protected under United States and foreign copyright, trademark, and other proprietary laws. UNAUTHORIZED USE OF THE WEB SITE CONTENT MAY VIOLATE SUCH LAWS AND MAY SUBJECT YOU, THE USER, TO LEGAL SANCTIONS.
3.0. TEMPORARY LICENSE FOR AUTHORIZED USE OF WEB SITE: In accordance with the terms and conditions of this User Agreement, Trendease grants you, as User, a limited, non-transferable and temporary license authorizing you to use this web site for your personal and non-commercial use. Unauthorized use of this web site and/or the Web Site Content materials may violate (i) this User Agreement; and (ii) the temporary license for authorized use; and (iii) applicable copyright, trademark or other intellectual property laws; and (iv) other applicable laws governing intellectual property and the transmission of authorized data. You, as User, shall be solely liable for any damages resulting from any unauthorized use of this web site, the Web Site Content or the infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this web site.
4.0. AUTHORIZED USE: You, as User, may retrieve, download and display Web Site Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on an individual computer hard drive or individual storage device (but not on a server or other storage device connected or linked to a network) for your personal and non-commercial use. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading, printing or storage. Except as expressly permitted and specified below, you may not reproduce, modify, transmit or in any way commercially exploit any of the Web Site Content material without giving full credit to Trendease as the source by inclusion of both the trademark (™) and the copyright (©) notice. Nothing contained in this web site should be construed as granting any license or other right to use any such Web Site Content without the written permission of Trendease or such other third party that may own the rights to such Web Site Content.
5.0. UNAUTHORIZED USE: You, as User, agree that you will not transmit or otherwise transfer any Web Site Content to any other computer, server, web site, or other medium for mass distribution or for commercial use or use in any commercial enterprise. You, as User, are not permitted to copy the designs, the trademarks or the intellectual property of third parties reported within this web site. Doing so may subject you, as User, to legal sanctions by the owner of the content. Trendease is allied with Anti Copying In Design (http://www.acid.uk.com/) and is in full agreement with all of the policies to prevent unauthorized copying. In particular, but without limitation to the general restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Trendease: (i) Use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web Site Content; and (ii) Transmit or otherwise transfer any web site pages, data or content found on this web site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise; and (iii) Use any device, software or routine to interfere or attempt to interfere with the proper working of this web site; and (iv) Will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this web site; and (v) Remove or alter the copyright or trademark notices from any permissible copies of Web Site Content made under this User Agreement; and (vi) Create a database in electronic or structured manual form by systematically downloading and storing all or any of the Web Site Content
6.0. SUBSCRIBER USE: In consideration of the Subscriber paying the Subscription Fee and all other charges associated with the Subscriber and/or any of the Subscriber Authorized Users use of the Trendease.com web site, Trendease hereby grants to the Subscribers Authorized User(s), a non-exclusive non-transferable limited license to access and utilize this web site in accordance with this User Agreement. Trendease shall assign to the Subscriber or allow the Subscriber to select, at our discretion, an ID for the Subscribers Authorized User(s) to access this web site. Each additional authorized User designated shall be assigned or shall select again at the discretion of Trendease’, a separate ID for access to this web site.
7.0. SUBSCRIBER WARRANTIES: The Subscriber warrants that the information the Subscriber has given in the Order Form, including as to Authorized User details, is accurate and complete and the Subscriber undertakes to notify Trendease immediately and in any event within 7 days, of any changes to that information. The Subscriber hereby warrants and undertakes that all Web Site Content accessed by the Subscribers Authorized Users through this web site will be used in accordance with this User Agreement. The Subscriber shall notify Trendease immediately in writing of any misuse of the Web Site Content and/or this web site including any infringement of copyright or other intellectual property rights arising in the Content or the Trendease Site. The Subscriber undertakes to procure the compliance by the Subscribers Authorized User(s) with this User Agreement, including such amendments which may be made from time to time be made thereto, and to set up appropriate management processes to monitor that compliance. The Subscriber further agrees to indemnify Trendease against any breach of the terms of this User Agreement.
8.0. USER RESPONSIBILITY: You, as User, are responsible for maintaining the confidentiality of your account information, your password and your login information. You are responsible for all entries into and use of this web site made by you or anyone else using your user name and password (collectively, "ID") and for preventing unauthorized use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID or any payment information, you must notify Trendease immediately by emailing email@example.com. Any misuse of this web site or breach of this User Agreement may also lead you, as User, to discipline, penalties or sanctions by any organization with whom you are associated with and whom subscribes to this web site on your behalf. Trendease reserves the right to inform them of such misuse of this web site or breach of this User Agreement. You agree to accept responsibility for all activities that occur under your account or password, and you understand that you are financially responsible any liability you may incur as a result of the use of this web site by you and those using your login information. Each username is to be used by only a single individual; all corporate accounts receive a unique username for each account user. Trendease.com has incorporated a strict security system which will block a User account if it detects abuse from multiple IP addresses
9.0. USER INDEMNITY: You, as User, agrees to indemnify and hold Trendease its employees, agents, officers, directors and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees) which Trendease may suffer or incur, in connection with or arising from any of the Users breach of this User Agreement and illegal use of this web site. Where any action is brought against Trendease in respect of such breach or illegal use Trendease may participate in the defense of any claim or action, and any negotiations for settlement, and reserves the right, at its own expense, to assume formally the exclusive defense and control of any claim or action. In such an event the User obligations under this clause, including full restitution and indemnification, shall continue in full force and effect.
10.0. DISCLAIMER AND EXCLUSION OF WARRANTY: TRENDEASE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THIS WEB SITE AND/OR ANY WEB SITE CONTENT MATERIALS PROVIDED ON THIS WEB SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. TRENDEASE DOES NOT WARRANT THAT THIS WEB SITE WILL OPERATE ERROR FREE. THIS WEB SITE MAY, FROM TIME TO TIME, CONTAIN INACCURACIES OR ERRORS, AND TRENDEASE AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THIS WEB SITE CONTENT OR DATA FOUND ON THIS WEB SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER TRENDEASE NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THIS SITE, IT’S SERVERS OR ANY E-MAIL SENT FROM TRENDEASE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.0. TERM AND TERMINATION: This User Agreement shall take effect upon the Commencement Date and shall continue for, depending upon the individual circumstances of the User, a period not to exceed one calendar year. In the event of either non-payment, violation of this User Agreement or any subscriber warranties herein, failure to maintain the confidentiality of your account information, your password and your login information, any breach of the permitted uses of this web site or its content, or any other breach or violation of the terms and conditions of this User Agreement, Trendease reserves the right to terminate at any time your access to this web site and access to and use of the Web Site Content. It is specifically understood that Trendease may terminate this User Agreement and these terms and conditions and/or the provisions of any of the services at any time for any reason, including any improper use of this web site or your failure to comply with the terms and conditions of this User Agreement. Such termination shall not affect any right to relief (including injunctive relief) to which Trendease and its third party providers, partners and affiliates may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and be of not further force and effect.
12.0. NOTICE: All notices served pursuant to this User Agreement shall be sent by electronic mail to the appropriate party at the parties addresses contained in the Order Form or as otherwise agreed in writing between the parties. Such notice shall be deemed effective upon receipt and in not event longer than three hours from transmission. In addition, Trendease may also serve notice upon you, as User, via this web site, and such notice shall be deemed to take place on the date it first appears on this web site.
13.0. FORCE MAJEURE: Trendease shall not be liable to the User or Subscriber or the Subscribers Authorized User(s) for any breach of Trendease obligations under this User Agreement as a result of any event or matter beyond Trendease reasonable control including, without limitation strikes, lock-outs, trade disputes, defaults of suppliers or licensors, failure of any telecommunication system, failure of the World Wide Web, any computer system or any internet service provider, failure by any supplier to supply a service (including content and software) and any act of God or any government or regulatory authority ("Force Majeure").
14.0. LINKS: This web site may contain links to other web sites that are provided solely as a convenience to you, as User, and not as an endorsement by Trendease of the contents of such other web sites. Trendease is not responsible for the content of linked web sites and does not make any representations regarding the accuracy or content of the materials on such linked web sites. If you, as User, decide to access linked web sites, you do so at your own risk.
15.0. GOVERNING LAW: The terms and conditions of this User Agreement and the performance of the parties to this User Agreement shall be governed by the laws of the United States of America, without regard to its provisions governing conflicts of law. You, as User, consent to submit yourself and your property to the exclusive jurisdiction of any state and/or federal courts located in the United States of America, in all questions and controversies arising out of your use of this web site and the terms and conditions of this User Agreement, and waive any objection that you now or may hereafter have as to the venue of such action or proceeding. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. For the exclusive benefit of Trendease, Trendease shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where the terms and conditions of this User Agreement are entered into in the course of your trade or profession or the country of your principal place of business.
16.0. ENTIRE AGREEMENT AND WAIVER: This User Agreement, as may be modified from time to time by Trendease, forms the entire understanding between the parties. No User purchase terms or other purported variation shall have any effect on the terms of this User Agreement and the terms agreed upon between the parties. No delay or indulgence by Trendease in enforcing the provisions of this User Agreement shall affect the rights of Trendease nor shall any waiver of any right of Trendease operate as a waiver of any subsequent breach. No right, power or remedy conferred upon or reserved for Trendease is exclusive of any other right, power or remedy available to Trendease and each such right, power or remedy shall be cumulative.
17.0. ASSIGNMENT: You, as User, may not assign, convey, subcontract or delegate your rights, duties, responsibilities or obligations under this User Agreement. Any such assignment, conveyance, subcontract or delegation by operation of law without the prior written consent of Trendease shall be without force and effect.
18.0. MODIFICATION OF USER AGREEMENT: Trendease may at any time modify these terms and conditions of this User Agreement and your continued use of this web site. Your access to this web site and use of the Web Site Content will be conditioned upon the terms and conditions in force at the time of your use.
19.0. MODIFICATION OF THE WEB SITE AND WEB SITE CONTENT: Trendease reserves the right, at its discretion, to make changes to any part of this web site. Due to its policy of updating and improving this web site, Trendease may wish to change this User Agreement to reflect the change in Web Site Content (including those relating to your use of and access to the Web Site Content). When such terms are changed, Trendease will notify you by email or by publishing details of those changes by including them at the end of this User Agreement. If you use this web site after Trendease has published or notified you of such changes, you are agreeing now to be bound by the changes in the Web Site Content and the access thereto. If you do not agree to be bound by those changes, you should not use this web site any further.
20.0. SEVERABILITY: These terms and conditions of this User Agreement shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions of this User Agreement
21.0. HEADINGS: The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
22.0. ENTIRE AGREEMENT: This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between Trendease and the User(s) relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this web site.
23.0. DEEMED ACCEPTANCE: By accessing this web site you are agreeing to and to be legally bound by all of the terms and conditions of this User Agreement. If you have any questions, please contact firstname.lastname@example.org.
25.0. WEB SITE REGISTRATION: This web site is the owned by, is operated by and is the intellectual property of Trendease International LLC, a limited liability corporation registered in the State of Delaware, USA. For any comments or correspondence use email@example.com.
This User Agreement was revised and updated on 16 June 2007. If you do not accept any of the revised terms and conditions, please do not use this web site. Exit immediately.
© TRENDEASE INTERNATIONAL LLC 2007