Terms of Use - Fix That Shirt

Last updated: May 23, 2021

AGREEMENT ON TERMS

These terms of use constitute a legally binding agreement between you, whether acting personally or on behalf of an entity (“you”) and Fix That Shirt SAS, doing business under the name Fix That Shirt (” Fix That Shirt "," "," OUR " or " our “), regarding your access to and use of the website https://www.fixthatshirt.com as well as any other form of media, media channel, mobile website, or related, linked, or otherwise connected mobile application (collectively, the “Site”). The Site provides an online marketplace for the following goods, products, and/or services: informational articles, repair services, upcycling services, and laundry services (the “Marketplace Offerings”). To help make the Site a safe environment for buying and selling Marketplace Offerings, all users are required to accept and comply with these Terms of Use, including the Service Agreement posted on the Site, which is incorporated into these Terms of Use. You agree that by accessing the Site and/or the Marketplace Offerings, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR MARKET OFFERS AND YOU MUST CEASE USING THEM IMMEDIATELY.

Any additional terms or documents that may be posted on the site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you of any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notification of each of these changes. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to the revised Terms of Use and will be deemed to have read and accepted them if you continue to use the site after the date the revised Terms of Use are posted.

The information provided on this Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement in that jurisdiction or country. Therefore, individuals who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent applicable.

Le
This site is intended for users aged 18 and over.
people aged under
Those aged 18 and over are not permitted to use or register on the Site or to use the Marketplace Offers.

INTELLECTUAL PROPERTY RIGHTS

Except
contrary indication
The Site and the Market Offers are our exclusive property and all source codes, databases,
The source code, databases, features, software, website designs, sound, video, text, photographs, and the
website graphics (collectively, the “Content”) as well as trademarks, brands of
Service
and the logos it contains (the “Trademarks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various
other intellectual property rights and unfair competition laws
United States, international copyright laws, and international conventions. Content and trademarks are provided on the
This site is provided “AS IS” for your information and personal use only. Except as expressly stated in these terms and conditions.
no part of the site or marketplace offerings, nor any content or trademark, may be copied, reproduced,
grouped, republished, downloaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our
authorization
express prior written consent
.

Provided that you
You are authorized to use the site; you are granted a limited license allowing you to access the
website
and
to use it, as well as to download or print a copy of any part of the content to which you have properly accessed, solely for your personal and non-commercial use
We reserve all rights not expressly granted to you regarding the site, content, and trademarks.

USER REPRESENTATIONS

By using the Site or the Marketplace Offers, you represent and warrant that:(1) all registration information that you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of this information and promptly update this registration information as necessary; (3) you have the legal capacity and agree to comply with these terms of use; (4) you are not

minor in the jurisdiction in which you reside ; (5) You will not access the site or marketplace offers by automated or non-human means, whether by a robot, a script or
other; (6) you will not use the site for

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illegal or unauthorized
; and (7) your use of the site or marketplace offerings will not violate any applicable law or regulation.

If you provide false, inaccurate, outdated, or incomplete information, we have the right to suspend or terminate your account and refuse any current or future use of the site (or any part thereof).

You may not use the site or marketplace offerings for any illegal or unauthorized purpose, nor may you violate any laws in the use of marketplace offerings. Unauthorized marketplace offerings include: intoxicating substances of any kind, illegal drugs or other illicit products, alcoholic beverages, gambling, and adult pornography or graphic content, images, or other adult products. Posting any unauthorized product or content may result in the immediate closure of your account and a lifetime ban from using the site.

We are a service provider and make no representations or warranties regarding the safety, effectiveness, suitability, accuracy, availability, pricing, ratings, reviews, or legality of any information contained on the site or any marketplace offers displayed or offered through the site. You understand and agree that the site's content does not contain or constitute any representations or warranties.

which can reasonably be trusted, and you agree to keep us out of any

error, content of the
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This offer is for informational purposes only and is for advertising.

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USER REGISTRATION

It may be that you
You are asked to register on the site in order to access market offers. You agree to keep your password.
Your account and password must be kept confidential and you will be responsible for all use of them.
We reserve the right to delete, reclaim, or change a username you have chosen if we
We determine, at our sole discretion, that this username is inappropriate.
obscene or otherwise objectionable.

MARKET OFFERS

We reserve the right to
right to limit the quantities of market offers proposed or available

on the website. All descriptions or prices
Market offers are subject to change at any time without notice.
at our sole discretion. We reserve the right
right to discontinue any market offer at any time and for any reason. We do not guarantee the quality of
The market offers you purchase will meet your expectations, or that
Any errors on the site will be corrected.

PURCHASES AND PAYMENT

We accept the following payment methods:

- Visa
- Mastercard
- American Express

You agree to provide current, complete, and accurate purchase and account information for all marketplace purchases made through the site. You further agree to promptly update your account and payment information, including email address, payment method, and payment card expiry date, so that we can complete your transactions and contact you if necessary. Sales tax will be added to the purchase price if we deem it necessary. We may change prices at any time. All payments are made in euros.

You agree to pay all charges at the then-current prices for your purchases and all applicable shipping charges, and you authorize us to charge your chosen payment provider for these amounts at the time of placing your order. If your order is subject to recurring charges, you consent to us charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel the order in question. We reserve the right to correct

any error or pricing mistake, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

REFUND POLICY

All sales are final and no refunds will be issued.

PROHIBITED ACTIVITIES

You may not access or use the site for any purpose other than that for which we make it available. The site may not be used for commercial activities, except those specifically endorsed or approved by us.

As a user of this site, you agree not to:

1. Systematically retrieving data or any other content from the site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
2. Making any unauthorized use of marketplace offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
3. Use an agent or purchasing agent to make purchases on the site.
4. Using the site to advertise or offer goods and services for sale.
5. Circumventing, disabling, or otherwise interfering with the site's security features, including features that prevent or limit the use or copying of any content or that apply restrictions to the use of the site and/or the content it contains.
6. Engaging in unauthorized framing or linking to the site.
7. Deceiving, defrauding or misleading other users and ourselves, including by attempting to obtain sensitive account information such as user passwords.
8. Misusing our support services or submitting false reports of abuse or misconduct.
9. Engaging in any automated use of the system, such as using scripts to send comments or messages, or using data mining tools, robots, or similar data gathering and extraction tools.
10. To interfere with, disrupt, or create an excessive load on the site or the networks or services connected to the site.
11. Attempting to impersonate another user or person, or using another user's username.
12. Sell or otherwise transfer your profile.
13. Using information obtained from the site for the purpose of harassing, abusing, or harming another person.
14. Using marketplace offerings in an effort to compete with us or using the site and/or content for any revenue generation or commercial enterprise.
15. Deciphering, decompiling, disassembling or reverse engineering any software that is part of the site or connected to it in any way.
16. Attempting to circumvent any site measure designed to prevent or restrict access to the site, or any part of the site.
17. Harassing, bothering, intimidating or threatening any of our employees or agents involved in providing any part of the Market Offerings to you.
18. Remove copyright or other proprietary rights notices from all content.
19. Copying or adapting the site's software, including but not limited to Flash, PHP, HTML, JavaScript or other codes.
20. Uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or any other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the site or that modifies, compromises, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of marketplace offerings.

21. Downloading or transmitting (or attempting to download or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

22. Except for what may result from the use of a standard search engine or Internet browser, use, launch, develop or distribute any automated system, including but not limited to any spider, robot, cheat utility, scraper or offline reader that accesses the site, or use or launch any unauthorized script or other software.

23. To disparage, tarnish or otherwise harm, in our opinion, us and/or the Site.
24. Using the site in a manner inconsistent with any applicable law or regulation.

USER-GENERATED CONTRIBUTIONS

The Site can
invite you to discuss, contribute to, or participate in blogs, message boards, and
online forums and other features, and can give you the
ability to create, submit, publish, display, transmit, execute, publish,
to distribute or disseminate content and documents intended for us or on the Site, including
but not limited to, texts, writings, videos, audio documents, photographs, graphics,
comments, suggestions, personal information, or other documents (collectively, the
“Contributions”). The
Contributions can be viewed by other users of the
Site and Market Offers and through third-party websites.
Therefore, all Contributions you submit may be treated as
non-confidential and non-exclusive. When you create or make Contributions available, you
declare and guarantee that:

1. The creation, distribution, transmission, public display or performance, as well as access, downloading or copying of your Contributions does not and will not violate any proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets or moral rights of any third party.

2. You are the creator and owner or have the necessary licenses, rights, consents, releases and permissions to use and authorize us, the Site and other users of the Site, to use your Contributions in any manner contemplated by the Site and these Terms of Use.

3. You have the written consent, authorization and/or permission of each of the identifiable persons in your Contributions to use the name or likeness of each of these identifiable persons in order to permit the inclusion and use of your Contributions in the manner contemplated by the Site and these Terms of Use.

4. Your Contributions are not false, inaccurate or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional material, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, disgusting, violent, harassing, defamatory, libelous or otherwise objectionable (in our judgment).
7. Your contributions do not ridicule, mock, denigrate, intimidate, and

they don't abuse someone.
8. Your Contributions are not used to harass or threaten (in the legal sense of these terms).

(terms) another person and to promote violence against a specific person or category of people.

9. Your Contributions do not violate any applicable laws, regulations or rules.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material soliciting personal information

with persons under the age of 18 or exploiting persons under the age of 18 in a sexual or violent manner.

12. Your Contributions do not violate any applicable laws concerning child pornography, or otherwise intended to protect the health or well-being of minors.

13. Your Contributions do not include offensive comments related to race, national origin, sex, sexual preference or physical disability.

14. Your contributions do not violate any other provisions of these terms of use or any applicable law or regulation, nor do they link to any material that violates such provisions.

Any use of the site or marketplace offers in violation of the above violates these terms of use and may result in, among other things, the termination or suspension of your rights to use the site and marketplace offers.

CONTRIBUTION LICENSE

By publishing your
contributions on any part of the site

or by making the Contributions accessible on the Site by linking your Site account to one of your accounts
social networks

By submitting your Contributions, you automatically grant us, and you represent and warrant that you have the right to grant us, an unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid-up, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, rebroadcast, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, extract (in whole or in part), and distribute these Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of these Contributions or incorporate them into other works, and to grant and authorize sublicenses of the foregoing. Use and distribution may be in any media format and through any media channel.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, as well as all trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your contributions and warrant that no moral rights have been otherwise claimed in your contributions.

We do not claim any ownership rights to your Contributions. You retain full ownership of all your Contributions and all intellectual property or other proprietary rights associated with them. We are not responsible for any statements or representations contained in your Contributions that you provide in any area of the Site. You are solely responsible for your Contributions.

Site and you expressly agree to release us from all liability and to refrain from any legal action against us concerning your Contributions.

We have the right, at our sole discretion, (1) to edit, rewrite, or otherwise modify any Contribution; (2) to re-categorize any Contribution to place it in more appropriate locations on the Site; and (3) to shortlist or remove any Contribution at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

EXAM GUIDELINES

We may provide areas on the site for you to leave comments or ratings. When you post a review, you must adhere to the following criteria: (1) you must have direct experience with the person/entity being reviewed; (2) your reviews must not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews must not contain discriminatory references based on religion, race, sex, national origin, age, marital status, sexual orientation, or disability; (4) your reviews must not contain references to illegal activities; (5) you must not be affiliated with competitors if you are posting negative reviews; (6) you must not draw conclusions about the legality of any behavior; (7) you must not post false or misleading statements; and (8) you must not organize a campaign encouraging others to post reviews, whether positive or negative.

We can accept,
reject or remove reviews at our sole discretion. We have absolutely no
We reserve the right to filter or remove reviews, even if we believe they are objectionable or inaccurate. Comments are not endorsed by us and do not necessarily represent our views.
opinions or those of our affiliates or partners. We do not assume responsibility for any comments or
any claim, liability, or loss arising from any comment. By posting a review, you hereby grant us a
perpetual right and license,
non-exclusive, worldwide, royalty-free, fully paid, transferable and
which may be sublicensed to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to the notices.

MOBILE APPLICATION LICENSE License to use

If you access Market Offers via a mobile application, we will then grant you a
revocable, non-exclusive right
non-transferable and limited to installing and using the mobile application on

wireless electronic devices that you own or control, and to access and use
the mobile application on these devices in strict compliance with the terms
and the terms of this mobile application license contained in these Terms

d'utilisation.
You must not: (1) decompile, reverse engineer, disassemble, attempt to

derive
the source code of, or decrypt the application; (2) make a modification, a
(3) adapting, improving, enhancing, translating, or creating a derivative work from the application; (4) violating applicable laws, rules, or regulations
related to your access to or use of the application; (4) delete, modify or
conceal any proprietary notices (including any copyright or trademark notices) displayed by us or the application's licensors; (5) use the application to
any effort to generate income, commercial enterprise or other purpose for which
it is not designed or intended; (6) make the application available on a
network or other environment allowing access or use by multiple devices or
users at the same time; (7) use the application to create a product, a
service or software that directly or indirectly competes with or is related to the application
substitute in any way; (8) use the application to send automated requests to any website or to send any unsolicited commercial email;
or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing or distribution of any application, accessory or other form of product.
distribution of applications, accessories or devices for use with the
application.

Apple and Android devices

following conditions
apply when you use a mobile application obtained from Apple
Store or Google Play (each being an “App Distributor”) to access Marketplace Offers: (1) the
The license granted to you for our mobile application is limited to one
non-transferable license to use the application on a device that uses the Apple iOS or Android operating systems, as applicable, and in accordance with the
usage rules set out in the terms of service of the applicable Application Distributor;
(2) we are responsible for providing all maintenance and support services relating to the
'mobile application, as specified in the terms and conditions of
this mobile application license contained in these Terms of Use or otherwise
required by applicable law, and you acknowledge that each Application Distributor has no obligation whatsoever to provide maintenance and support services regarding the
mobile application; (3) in the event of
non-compliance

of'
mobile application subject to any applicable warranty, you can inform the
The relevant app distributor, and the app distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the app.
mobile devices

, and to the maximum extent permitted by applicable law, the
Distributor of
applications
will have no other warranty obligations whatsoever with regard to the
mobile application; (4) you represent and warrant that (i) you are not
located in a country that is subject to a U.S. government embargo or internet access ban, and (ii) you are not in a country that does not have internet access.

United States, or who has been
designated by the US government as a “terrorist sponsor” and
(ii) you are not on any list of
parties
prohibited or restricted by the US government
(5) you must comply with the terms of the agreement applicable to third parties
when you use the mobile application, e.g.,
If you have a VoIP application, then
you must not be in violation of their wireless data service agreement when you
use the mobile application; and (6) you acknowledge and agree that the
Distributors of
applications
are third-party beneficiaries of the terms and conditions of this
mobile application license contained in these Terms of Use, and that each Distributor of
applications
will have the right (and will be deemed to have accepted the right)
to apply the terms and conditions of this mobile application license
contained in these Terms of Use against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the site's functionality, you can link your account to online accounts you hold with third-party service providers (each such account being a “third-party account”), either (1) by providing your third-party account login information through the site, or (2) by allowing us access to your account. Tiersas permitted by the applicable terms and conditions governing your use of each account TiersYou represent and warrant that you have the right to disclose your Account login information to us. Tiers and/or to allow us to access your Account Tiers, without you violating the terms and conditions that govern your use of the Account Tiers concerned, and without requiring us to pay any fees or subjecting us to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Account of Tiers, you understand that (1) we may access, make available and store (where applicable) any content that you have provided and stored in your Account of Tiers (the “Social Network Content”) so that it is available on and through the Site via your account, including, but not limited to, any friends list, and (2) we may submit to and receive from your Account third of additional information to the extent that you are informed of it when you link your account to the Account of TiersDepending on the Accounts Tiers that you choose and subject to the privacy settings you have defined in these Accounts Tiers, the personally identifiable information that you post on your Accounts Tiers may be available on and through your account on the Site. Please note that if an account of Tiers or an associated service becomes unavailable, or if our access to this account Tiers is terminated by the third-party service provider, the social network content

may no longer be available on and through the website. You will have the option to disable the connection between your account on the website and your accounts. Tiers at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY THE AGREEMENT(S) YOU HAVE ENTERED INTO WITH THOSE THIRD-PARTY SERVICE PROVIDERS. We make no effort to verify social media content for any purpose whatsoever, including, but not limited to, accuracy, legality, or non-infringement, and we are not responsible for social media content. You acknowledge and agree that we may access your email address book associated with an Account Tiers and to your contact list stored on your mobile device or tablet solely for the purpose of identifying and informing you of those contacts who have also registered to use the Site. You can disable the connection between the Site and your Account Tiers by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete all information stored on our servers that was obtained through this account. Tiers, with the exception of the username and profile picture which are associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information concerning the Site or Marketplace offerings (the “Submissions”) that you provide to us are non-confidential and become our exclusive property. We own exclusive rights, including all intellectual property rights, and have the right to use and distribute such Submissions without restriction for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive any moral rights in such Submissions and warrant that such Submissions are original to you or that you have the right to submit them. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The site can
contain (or you may receive via the site or marketplace offers) links to other websites (“websites” Tiers“) as well as articles, photographs, texts, graphics, images, drawings, music, sounds, videos, information, applications, software, and other content or materials belonging to or originating from third parties (“third-party content”). We do not review, control, or verify the accuracy, relevance, or completeness of these third-party websites and third-party content, and we are not responsible for any third-party websites accessed through the site or content Tiers displayed, available or installed from the site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the websites Tiers or content TiersThe inclusion, linking, or authorization to use or install a website Tiers or third-party content does not mean that we endorse or support it. If you decide to leave the site and access the websites of Tiers or to use or install any content from TiersYou do so at your own risk and should be aware that these terms of use no longer apply. You must review the applicable terms and policies, including practices regarding

privacy and data collection, of any website you browse to from the site or regarding any application you use or install from the site. All purchases you make through websites Tiers Purchases will be made through other websites and with other companies, and we assume no responsibility whatsoever for these purchases, which are solely between you and the relevant third party. You agree and acknowledge that we do not endorse the products or services offered on these websites. Tiers and you will hold us harmless from any harm caused by your purchase of such products or services. Furthermore, you will hold us harmless from any loss or injury you may suffer in connection with or arising in any way from any content of Tiers or any contact with websites of Tiers.

ADVERTISERS

We allow advertisers to display their ads and other information in certain areas of the site, such as sidebars or banner ads. If you are an advertiser, you assume full responsibility for any advertising you place on the site and for any services provided on the site or products sold through those ads. Furthermore, as an advertiser, you warrant and represent that you have all the necessary rights and authority to place ads on the site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place these advertisements and we have no other relationship with the advertisers.

SITE MANAGEMENT

We reserve the right to
right, but not obligation, to: (1) monitor the Site for any violation of these Terms of Use; (2) take appropriate legal action against any person who, in
at our sole discretion, violates the law or these Terms of Use, including, but not limited to, reporting that user to law enforcement authorities; (3) at our sole discretion
discretion and, without limitation, refusing, restricting access to, limiting the
availability of, or disable (to the extent technologically possible) any of
your Contributions or any part thereof; (4) at our sole discretion and
without limitation, notification or liability, remove from the Site or
disable
in a completely different way
all files and content that are excessively large or that are in any way
heavy on our systems; and (5) otherwise manage the Site in such a way as to
to protect our rights and our property and to facilitate good
Site operation and Market Offers.

We care about data privacy and security. By using the site or marketplace offers, you agree to be bound by our privacy policy published on the

site, which is incorporated into these terms of use. Please note that the site and marketplace offers are hosted in Germany. If you access the Site or Marketplace Offers from any other region of the world whose laws or other requirements governing the collection, use, or disclosure of personal data differ from the laws applicable in Germany, then by your continued use of the Site, you are transferring your data to Germany, and you consent to your data being transferred and processed in Germany.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes a copyright that you own or control, please notify us immediately using the contact details provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material that is the subject of the Notification. Please note that, in accordance with applicable law, you may be liable for damages if you make false statements in a Notification. Therefore, if you are unsure whether material on or linked to the Site infringes your copyright, you should consider contacting an attorney first.

DURATION AND TERMINATION

These terms of use will remain in effect while you use the site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE AND MARKETPLACE OFFERS (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON, FOR ANY REASON OR WITHOUT REASON, INCLUDING, BUT NOT LIMITED TO, BREACH OF ANY REPRESENTATION, WARRANTY, OR UNDERTAKING CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE AND MARKETPLACE OFFERS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

If we cancel
or we suspend your account for any reason, you are prohibited from registering and
create a new account under your name, a fake name or an assumed name, or the name of a
third party, even if you are acting on behalf of that third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, pursuing legal action.
repair
civil,
criminal and by way of injunction.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or delete the content of the Site at any time or for any reason, at our sole discretion and without prior notice. However, we have no obligation to update the information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace offerings without prior notice and at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace offerings.

We cannot guarantee that
The site and market offers will be available at all times. We may encounter
problems
hardware, software
or other problems or need to perform site-related maintenance, resulting in interruptions, delays, or errors.
interruptions, delays, or errors. We
we reserve the right to change, revise, update, suspend, interrupt or modify
any other way
the site or marketplace offers at any time or for any reason without notifying you. You agree that we have no liability
whatever it may be for any loss, damage or inconvenience caused by your inability to
access to or use of the site or marketplace offerings during any period of site or marketplace interruption or discontinuity. Nothing in these terms of use will be
interpreted as obligating us to maintain and support the site or marketplace offerings or to provide
corrections, updates or announcements related to them.

APPLICABLE RIGHT

These terms and conditions are governed by and construed in accordance with French law, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you also have the protection afforded by the mandatory provisions of the law of your country of residence. Fix That Shirt SAS and you agree to submit to the non-exclusive jurisdiction of the courts of Paris, which means that you may bring an action to enforce your consumer protection rights with respect to these terms and conditions in France, or in the EU country in which you reside.

CONFLICT RESOLUTION

The European Commission provides an online dispute resolution platform, which you can access here. : https://ec.europa.eu/consumers/odr. Si vous souhaitez porter ce sujet à notre attention, veuillez nous contacter.

FIXES

The site can
contain information containing typographical errors, inaccuracies, or omissions that may relate to market offerings, including descriptions,
Price, availability, and other information. We reserve the right to correct any errors.
inaccuracy or omission and to modify or update the information on the Site
at any time, without notice.

DISCLAIMER

THE SITE AND MARKETPLACE OFFERS ARE PROVIDED
AS IS AND SUBJECT TO AVAILABILITY. YOU
ACCEPT THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERS AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND SECURITY.
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE
SPECIAL USE
AND ABSENCE OF COUNTERFEITING. WE MAKE NO GUARANTEES OR REPRESENTATIONS AS TO
THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY
WEBSITE LINKED TO THIS SITE AND WE WILL NOT ASSUME ANY RESPONSIBILITY
FOR (1) ERRORS, FAULTS OR INACCURACIES IN THE CONTENT AND MATERIAL, (2) THE
BODILY INJURIES OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OUR SECURE SERVERS
OR THEIR USE
AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION THAT
IS STORED THERE, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR MARKET OFFERS, (5) ANY BUG, VIRUS, TROJAN HORSE OR OTHER SIMILAR ELEMENT
THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR ANY LOSS OR DAMAGE OF
ANY NATURE WHATSOEVER RESULTING FROM THE USE OF ANY CONTENT DISPLAYED, TRANSMITTED OR
MADE AVAILABLE THROUGH THE SITE. WE DO NOT GUARANTEE, ENDORSE, OR GUARANTEE
AND WE DO NOT ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTIES THROUGH THE SITE, A HYPERLINKED WEBSITE, OR A WEBSITE OR A

APPLICATION
MOBILE
FEATURED IN A BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE
PARTY TO A TRANSACTION BETWEEN YOU
AND A THIRD-PARTY PRODUCT OR SERVICE SUPPLIER
AND WE WILL NOT BE IN
NO
CASES RESPONSIBLE FOR CONTROLLING THIS TRANSACTION
.
AS WITH THE
PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
You must use your best judgment and exercise caution where appropriate.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR MARKET OFFERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION SHALL AT ALL TIMES BE LIMITED TO THE LESS OF THE AMOUNT YOU HAVE PAID TO US, IF ANY, OR THE COURSE OF THE ONE (1) MONTH PERIOD PRECEDING THE OCCURRENCE OF ANY CAUSE OF ACTION AND US$100,00. SOME U.S. AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

COMPENSATION

You agree to
to defend ourselves, to indemnify us and to release us from all liability, including our subsidiaries, our
affiliated companies and all our officers, agents, partners and
employees
respective
in the event of loss, damage, liability, claim or demand, including
reasonable legal fees and expenses, as determined by a third party due to or
resulting from:
(1) your contributions; (2) the use of marketplace offers; (3) violation of these terms of use; (4) any breach of your representations and warranties set forth in these terms of use; (5) your violation of the rights of a third party, including, but not limited to

including, but not limited to, intellectual property rights; or (6) any excessively prejudicial act towards any other user of the site or marketplace offerings with whom you have connected through the site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, in our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to such indemnification as soon as we become aware of it.

USER DATA

We will keep
certain data that you transmit to the Site in order to manage the
Market Offer performance data, as well as data relating to your use of Market Offers. Although we regularly perform routine data backups, you are solely responsible for all data you transmit or that
relate to any activity you have undertaken using the marketplace offers. You agree
that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from such
loss or corruption of this data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitutes electronic communication. You agree to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, by email, and on the Site satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any right or requirement under any laws, regulations, rules, ordinances, or other statutes of any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or payments or the granting of credit by any means other than electronic means.

DIVERS

These Terms of Use and any policies or operating rules we post on the site or in connection with marketplace offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use apply to the fullest extent permitted by law. We may assign all or part of our rights and obligations to third parties at any time. We will not

We are not liable for any losses, damages, delays, or failures caused by any event beyond our control. If any provision or part of a provision of these Terms of Use is held to be illegal, void, or unenforceable, that provision or part of the provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or your use of the marketplace offerings. You agree that these Terms of Use will not be construed against us based on their form. You hereby waive any defense you may have based on the electronic form of these Terms of Use and the lack of signatures from the parties to these Terms of Use.

To resolve a complaint regarding the site or marketplace offers, or to receive additional information regarding the use of the site or marketplace offers, please contact us at the following address:

Fix That Shirt SAS, 240 Rue de Charenton, Paris, Île-de-France 75012, France

Phone : 0752485418

contact@fixthatshirt.com

These terms of use were created using from the Termly terms and conditions generator.