Terms of Use - Fix That Shirt

Last update: May 23, 2021

AGREEMENT ON CONDITIONS

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

Additional terms or documents which 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 Service at any time and for any reason. We will notify you of any changes by updating the “Last Updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to the changes 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 of posting of the revised Terms of Use.

The information provided on the 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 obligation to registration in that jurisdiction or country. Accordingly, persons 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
Site is intended for users who are at least 18 years old. The
people under the age of
18 years old are not permitted to use or register on the Site or use Marketplace Offerings.

INTELLECTUAL PROPERTY RIGHTS

Except
otherwise specified
, the Site and the Marketplace Offerings are our exclusive property and all source code, databases,
Source code, databases, features, software, web site designs, sound, video, text, photographs and
Site graphics (collectively, the "Content") as well as trademarks, trademarks of
service
and the logos it contains (the "Marks") are owned or controlled by or licensed to us, and are protected by copyright and trademark laws and miscellaneous
other intellectual property rights and unfair competition laws of
United States, international copyright laws and international conventions. Content and Marks are provided on the
site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of
use, no part of the Site or Marketplace Offerings, nor any Content or any Marks may be copied, reproduced,
aggregated, reposted, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever without our
authorization
express prior written
.

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

REPRESENTATIONS OF USERS

By using the Site or Marketplace Offerings, you represent and warrant that:(1) all registration information you submit
will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you 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 Offerings by automated or non-human means, whether through a robot, 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, not current 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 of it).

You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose, and you may not, in the use of the Marketplace Offerings, violate any laws. Among the unauthorized market offerings are the following: intoxicants of any kind, illegal drugs or other illegal products, alcoholic beverages, gambling, and adult pornography or graphic content, images or other adult products. Posting any unauthorized product or content may result in immediate termination of your account and lifetime ban from using the site.

We are a service provider and make no representations about the safety, effectiveness, adequacy, accuracy, availability, pricing, ratings, reviews, or legality of any information contained on the site or market offerings displayed or offered through the site. You understand You understand and agree that the content of the site does not contain or constitute representations

which can reasonably be relied upon, and you agree to hold us harmless from any

error, content of
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offers advertising information only.

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USER REGISTRATION

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

MARKET OFFERS

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

on the site. All descriptions or prices
market offers are subject to change at any time without notice,
at our sole discretion. We reserve the
right to discontinue any market offering at any time and for any reason. We do not guarantee that the quality of the
market offers that you buy will meet your expectations or that
any error in 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 Offering purchases made through the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you. if necessary. Sales tax will be added to the price of purchases 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 debit your chosen payment provider for such 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 having to obtain your prior approval for each recurring charge, until you cancel the order in question. We reserve the right to correct

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

We reserve the right to refuse any order placed through the Site. We may, in 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 made.

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 in connection with commercial activities except those specifically endorsed or approved by us.

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

1. Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
2. Make any unauthorized use of Marketplace Offerings, including collecting user names and/or user email addresses by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
3. Use an agent or shopping agent to make purchases on the site.
4. Use the site to advertise or offer the sale of goods and services.
5. Circumvent, disable or otherwise interfere with the security features of the Site, 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 Content that it contains.
6. Engage in unauthorized framing or linking to the Site.
7. Deceive, defraud, or mislead other users and ourselves, including by attempting to obtain sensitive account information, such as user passwords.
8. Abuse our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data collection and data mining.
10. Interfere with, disrupt or create an excessive load on the Site or networks or services connected to the Site.
11. Attempt to impersonate another user or person or use another user's username.
12. Sell or otherwise transfer your profile.
13. Use information obtained from the site for the purpose of harassing, abusing or harming another person.
14. Use Marketplace Offerings in an effort to compete with us or to use the Site and/or Content for any revenue-generating attempt or commercial enterprise.
15. Decipher, decompile, disassemble or reverse engineer any software forming part of the site or forming part of it in any way.
16. Attempt to circumvent any measures on the site designed to prevent or restrict access to the site, or any part of the site.
17. Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any part of the Marketplace Offerings to you.
18. Remove copyright notice or other proprietary rights notice from any content.
19. Copy or adapt software from the site, including but not limited to Flash, PHP, HTML, JavaScript or other code.
20. Upload or transmit (or attempt to upload or transmit) any viruses, Trojan horses or other material, including excessive capitalization and spamming (continued posting of repetitive text), that interferes with the use and uninterrupted enjoyment of the Site by any party or which modifies, impairs, disrupts, impairs or interferes with the use, features, functions, operation or maintenance of the Marketplace Offerings.

21. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active mechanism for information gathering or transmission, including without limitation, 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 as 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 , any robot, cheat utility, scraper or offline reader that accesses the Site, or use or launch any unauthorized scripts or other software.

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

USER-GENERATED CONTRIBUTIONS

The Site can
invite you to discuss, contribute or participate in blogs, message boards,
online forums and other features, and can give you the
ability to create, submit, publish, display, transmit, perform, publish,
distribute or disseminate content and materials to us or on the Site, including
, but not limited to, texts, writings, videos, audio documents, photographs, graphics,
comments, suggestions or personal information or other materials (collectively, the
“Contributions”). The
Contributions can be viewed by other users of the
Site and Marketplace Offerings and by third-party websites. TO
As such, any Contributions you submit may be treated as
non-confidential and non-proprietary. When you create or make available Contributions, you
represent and warrant that:

1. The creation, distribution, transmission, public display or performance of, and access to, downloading or copying of your Contributions does not and will not infringe any proprietary rights, including, but not limited to, the 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 authorizations 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 allow the inclusion and use of your Contributions in the manner contemplated by the Site and these Terms of Service.

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

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

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

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

terms) another person and to promote violence against a specific person or class of persons.

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

to 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 law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

13. Your Contributions do not include offensive comments relating to race, national origin, gender, 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, or link to materials that violate those provisions.

Any use of the Site or Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and Marketplace Offerings.

CONTRIBUTION LICENSE

By publishing your
contributions on any part of the site

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

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

This license shall 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 of all trademarks, service marks, trade names, logos and personal and commercial images provided by you. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not claim ownership of your Contributions. You retain full ownership of all your Contributions and all intellectual property or other proprietary rights associated with your Contributions. 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 to the

Site and you expressly agree to hold us harmless and to refrain from any legal action against us regarding your Contributions.

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

GUIDELINES FOR EXAMINATIONS

We may provide areas on the Site for you to leave comments or ratings. When posting a review, you must meet the following criteria: (1) you must have direct experience with the person/entity that is the subject of the review; (2) your reviews must not contain offensive profanity, abusive, racist, offensive or hateful language; (3) your reviews must not contain discriminatory references based on religion, race, gender, 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 post negative reviews; (6) you must not draw any conclusions as to the legality of any conduct; (7) you must not post false or misleading statements; and (8) you must not run any 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
obligation to screen reviews or remove them, even if we consider the reviews to be objectionable or inaccurate. Comments are not endorsed by us, and do not necessarily represent our
opinions or those of our affiliates or partners. We do not take responsibility for any comments or
any claim, liability or loss arising from any comments. By posting a review, you hereby grant us a
perpetual right and license,
non-exclusive, worldwide, royalty-free, fully paid, transferable and
sublicenseable to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to the notices.

MOBILE APPLICATION LICENSE User license

If you access the Marketplace Offerings through a mobile application, then we grant you a
revocable, non-exclusive right,
non-transferable and limited to install and use the mobile application on

wireless electronic devices that you own or control, and to access and use
the mobile application on these devices strictly in accordance with the terms
and 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
adaptation, improvement, refinement, translation, or derivative work of the Application; (3) violate any applicable law, rule or regulation in
in connection with your access to or use of the Application; (4) delete, modify or
obscure any proprietary notices (including any copyright or trademark notices) displayed by us or the App's licensors; (5) use the app to
any income-generating endeavor, commercial enterprise or other purpose for which
it is not designed or intended; (6) make the application available on a
network or other environment that allows 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 overlaps with the Application.
substitutes in any way; (8) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail;
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

The
following conditions
apply when using a mobile application obtained from Apple
Store or Google Play (each an “Application Distributor”) to access Marketplace Offerings: (1) 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
rules of use set forth in the applicable Application Distributor's terms of service;
(2) we are responsible for providing all maintenance and support services relating to the
mobile application, as specified in the general conditions of
this mobile application license contained in these Terms of Service or as otherwise
required by applicable law, and you acknowledge that each Application Distributor has no obligation whatsoever to provide maintenance and support services with respect to the
mobile app ; (3) in case of
noncompliance

de l '
mobile application to any applicable warranty, you can notify the
Applicable App Distributor, and the App Distributor, subject to 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
shall have no other warranty obligation whatsoever with respect to the
mobile app ; (4) you represent and warrant that (i) you are not
located in a country that is subject to a United States government embargo, or internet ban, and (ii) you are not in a country that does not have no internet access.

United States, or who has been
designated by the US government as a 'terrorist supporting' country and
(ii) you are not on any list of
parties
prohibited or restricted by the U.S. government
; (5) you must comply with the terms of 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 app; 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 Service, and that each Distributor of
applications
shall have the right (and shall be deemed to have accepted the right)
to apply the terms and conditions of this mobile application license
contained in these Terms of Service against you as a third party beneficiary thereof.

SOCIAL MEDIA

As part of the Site's functionality, you may link your account to online accounts you maintain with third-party service providers (each such account a "Third-Party Account"), either (1) by providing login information your third-party account through the Site, or (2) allowing us to access your account Tiers, as permitted by the applicable terms and conditions that govern your use of each account Tiers. You represent and warrant that you have the right to disclose your account login information to us. Tiers and/or allow us to access your Account Tiers, without your breaching the terms and conditions that govern your use of the Account. Tiers concerned, and without forcing us to pay any fees or subjecting us to any limitations on use 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 (if applicable) any content you have provided and stored in your Account. Tiers (the “Social Network Content”) so that it is available on and through the Site through your account, including without limitation any list of friends and (2) we may submit to and receive from your Account third of additional information to the extent you become aware of it when you link your account to the Account of Tiers. According to Accounts Tiers you choose and subject to the privacy settings you have set in such Accounts Tiers, personal identification 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 such account Tiers is terminated by the third-party service provider, social network content

may no longer be available on and through the Site. You will have the possibility to deactivate the connection between your account on the site 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 SUCH THIRD PARTY SERVICE PROVIDERS. We make no effort to verify social media content for any purpose, including, but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for the content of social networks. 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 notifying 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, except for the username and profile picture that are associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site or Marketplace Offerings (“Submissions”) you provide to us are non-confidential and become our exclusive property. We own the exclusive rights, including all intellectual property rights, and we have the right to use and distribute these Submissions without restriction for any legitimate purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive any moral rights in such Submissions, and you hereby warrant that such Submissions are original with you or that you have the right to submit such Submissions. 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 through the Site or Marketplace Offerings) links to other websites (“Websites Tiers“) as well as articles, photographs, text, graphics, images, designs, music, sounds, videos, information, applications, software and other content or elements belonging to or sourced from third parties (“Third Party Content”). We do not review, control or verify the accuracy, appropriateness or completeness of such Third Party Websites and Third Party Content, and we are not responsible for any Third Party Websites accessed through the intermediary of 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 Tiers. The inclusion, linking or authorization of the use or installation of 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 use or install any content from Tiers, you do so at your own risk and you should be aware that these Terms of Use no longer apply. You should review applicable terms and policies, including privacy practices.

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

ADVERTISERS

We allow advertisers to display their advertisements 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 advertisements you place on the site and for any services provided on the site or products sold through such advertisements. Further, as an advertiser, you warrant and represent that you have all rights and authority to place advertisements on the site, including but not limited to intellectual property rights, publicity and contractual rights. We are simply providing the space to place these advertisements and have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against any person who,
our sole discretion, violates the law or these Terms of Service, including, without limitation, by reporting such user to law enforcement authorities; (3) on our own
discretion and without limitation, deny, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any part thereof; (4) at our sole discretion and
without limitation, notice or liability, delete from the Site or
disable
any other way
all files and content that are excessive in size or are in any way
heavy for our systems; and (5) otherwise operate the Site so as to
protect our rights and property and to facilitate the proper
operation of the Site and Market Offerings.

We care about privacy and data security. By using the Site or Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the

site, which is incorporated into these Terms of Use. Please note that the Site and Marketplace Offerings are hosted in Germany. If you are accessing the Site or Marketplace Offerings 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 to 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 owned or controlled by you, please notify us immediately using the contact information provided below (a “Notice”). A copy of your notice will be sent to the person who posted or stored the material to which the notice relates. 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 are using the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO REFUSE ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING THE BLOCKING OF CERTAIN IP ADDRESSES) TO ANY PERSON, FOR ANY REASON OR NO REASON, INCLUDING, BUT NOT LIMITED TO, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.

If we terminate
or suspend your account for any reason, you are prohibited from registering and
create a new account under your name, a false or 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 a
repair
civil,
criminal and by way of injunction.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or remove the content of the site at any time or for any reason, at our sole discretion and without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Market offers without 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 marketplace offerings will be available at all times. We can meet
problems of
hardware, software
or other problems or need to perform site-related maintenance, which results in interruptions, delays or errors.
interruptions, delays or errors. We
we reserve the right to change, revise, update, suspend, discontinue or modify any
any other way
the Site or Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage or inconvenience caused by your failure to
access or use the Site or Marketplace Offerings during any period of downtime or discontinuance of the Site or Marketplace Offerings. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or Marketplace Offerings or to provide
corrections, updates or releases in connection therewith.

APPLICABLE RIGHT

These conditions are governed and interpreted according to French law, and the use 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 to you 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 a claim to defend your consumer protection rights in relation to these terms of use 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 that contains typographical errors, inaccuracies or omissions that may relate to marketplace offerings, including descriptions,
price, availability and various 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 THE MARKETPLACE OFFERINGS ARE PROVIDED
AS IS AND AS AVAILABLE. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. IN
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND SECURITY.
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
PARTICULAR USE
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO
THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE CONTENT OF ANY
WEBSITE LINKED TO THE SITE AND WE SHALL HAVE NO RESPONSIBILITY
FOR (1) ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) THE
PERSONAL INJURY 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 WHICH
IS STORED HERE, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER SIMILAR ITEMS
THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERROR OR OMISSION IN ANY CONTENT AND MATERIALS OR ANY LOSS OR DAMAGE OF
WHATSOEVER RESULTING FROM THE USE OF ANY CONTENT POSTED, TRANSMITTED OR
MADE AVAILABLE THROUGH THE SITE. WE DO NOT GUARANTEE, ENDORSE, GUARANTEE
AND DO NOT ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY
THIRD PARTIES THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR

APPLICATION
MOBILE
APPEARING IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE
PARTY TO A TRANSACTION BETWEEN YOU
AND A THIRD PARTY PRODUCT OR SERVICE PROVIDER
AND WILL BE IN
NO
CASES RESPONSIBLE FOR CONTROLLING THIS TRANSACTION
.
AS FOR
PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEDIA OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL 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 PROFIT, LOSS OF REVENUE, LOSS OF DATA OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER AMOUNT OF THE AMOUNT PAID BY YOU TO US, THE IF APPLICABLE, TO DURING THE ONE (1) MONTH PERIOD PRIOR TO THE ARISING OF ANY CAUSE OF ACTION AND US$100,00. CERTAIN UNITED STATES 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, indemnify and hold us harmless, including our subsidiaries, our
affiliates and all of our officers, agents, partners and
employees
respective
, for any loss, damage, liability, claim or demand, including
reasonable attorneys' fees and expenses, made by a third party due to or
deriving from :
(1) your Contributions; (2) the use of marketplace offerings; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of any third-party rights, including, but not

limited to, intellectual property rights; Where (6) any unreasonable harmful act with respect to any other user of the site or the offers of the market place with which you have connected via 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 liable to indemnify us, and you agree to cooperate, at your expense, with our defense of these complaints. We will use reasonable efforts to notify you of any claim, action or proceeding that is subject to this indemnification upon becoming aware of it.

USER DATA

We will keep
certain data that you transmit to the Site in order to manage the
performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we regularly perform routine data backups, you are solely responsible for all data that you transmit or that
relate to any activity you have undertaken using Marketplace Offerings. You accept
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 out of such
loss or corruption of this data.

COMMUNICATIONS, TRANSACTIONS AND ELECTRONIC SIGNATURES

Visiting the Site, sending emails to us, and completing online forms constitutes electronic communication. You consent to receive electronic communications and you 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, AGREEMENTS, ORDERS AND OTHER RECORDS, AND TO 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 statute, regulation, rule, ordinance or other law of any jurisdiction which requires an original signature or the delivery or retention of non-electronic records, or to payments or the granting of credit by any means other than electronic means.

DIVERS

These Terms of Service and any policies or operating rules posted by us on the Site or with respect to 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 Service 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 be

liable for loss, damage, delay or failure caused by any cause beyond our control. If any provision or part-provision of these Terms of Service is held to be unlawful, void or unenforceable, that provision or part-provision shall be deemed severable from these Terms of Service and shall not affect the validity and applicability of other provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Service or use of the Marketplace Offerings. You agree that these Terms of Service shall not be construed against us by reason of their drafting. You hereby waive any defenses you may have due to the electronic form of these Terms of Service and the failure of the parties hereto to execute these Terms of Service.

To resolve a complaint about the Site or Marketplace Offerings or to receive additional information regarding use of the Site or Marketplace Offerings, please contact us at:

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

Telephone : 0752485418

contact@fixthatshirt.com

These Terms of Use were created using Termly's terms and conditions generator.