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1. VIRTUAL FASHION LICENSE
Virtual Fashion is an Internet-based online service that allows you to use the Virtual Fashion Works software when you subscribe and pay a fee as indicated by the terms and conditions of your purchase. As part of the Virtual Fashion service, Reyes Infografica maintains a site on the World Wide Web with a URL address of www.virtual-fashion.com (the "Web Site"). While your license is active and paid for you are entitled to all updates, upgrades and use of the community included as part of the service. Throughout the remainder of this Agreement, the Virtual Fashion service (including the Web Site) will be referred to as the “SERVICE”, and Virtual Fashion Works, published by Reyes Infografica will be referred to as the "SOFTWARE". Reyes Infografica grants to you a limited, non-exclusive license to use the Software and the Service subject to all of the terms and conditions of this Agreement, and the additional terms set forth in the documentation of the SOFTWARE.
2. TERMS AND CONDITIONS
This Agreement and the terms and conditions comprise the entire agreement between “SERVICE” and you.
“SERVICE” may revise this Agreement at any time, and such revision shall be
effective twenty (20) days after posting of the revised Agreement on the Web Site. You
agree to review the Agreement on the Web Site periodically to become aware of such
revisions. If any such revision is unacceptable to you, you may terminate your
membership as provided in Section 9. Your continued use of the service twenty (20)
days after posting of a revised Agreement on the Web Site will mean that you accept
all such revisions.
3. ACCOUNT AND PASSWORD
(a) Account, User ID. When you register for the Service, you will become a client
of the Service and an account will be created for you (your "Account"). The term “client" in this Agreement refers to any person or entity, including you, that has
registered for the service, has entered into this Agreement with “SERVICE” and
is authorized by “SERVICE” to use the service. Upon your registration as client
of the service, you must choose a name to identify yourself to other clients and
service staff when you use the Service (your "User ID”)
(b) Passwords. Upon your registration for the service, you will select a password.
You are responsible for maintaining the confidentiality of your password and
you are responsible for any harm resulting from your disclosure or allowing the
disclosure of any password or from use by any person of your password to gain
access to your Account and User ID. At no time should you respond to an
online request for a password.
4. PRICE OF SOFTWARE
(a) Price of software. The price of software is published in the billing section of the
Web Site.
(b) Payment by Credit Card. If you pay by credit card, you represent to “SERVICE”
that you are the authorized user of the credit card used to pay the price.
5. DISCLAMER OF WARRANTY
To the maximum extent allowed by law, “SERVICE”, its licensors and subcontractors
do not warrant any connection to, transmission over, or results or use of, any network
connection or facilities provided (or failed to be provided) through the service. You are
responsible for assessing your own computer and transmission network needs, and the
results to be obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF THE
SERVICE AND THE SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE AND THE
SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH
WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. “SERVICE”, ITS
PARENT AND AFFILIATES DISCLAIM ALL IMPLIED WARRANTIES AND
CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A
COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE SERVICE, THE
SOFTWARE, AND THE INTERNET. “SERVICE”, ITS PARENT AND AFFILIATES
ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR CHARACTERS
FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME,
MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY SERVICE, ITS
PARENT, AFFILIATES, LICENSORS AND SUBCONTRACTORS, OR BY YOUR OWN
ERRORS AND/OR OMISSIONS. “SERVICE” makes no warranty with respect to any
related software or hardware used or provided by “SERVICE” in connection with the
service.
6. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT “SERVICE”, ITS PARENT AND
AFFILIATES SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY “SERVICE” , ITS PARENT, AFFILIATES OR ITS CONTENT PROVIDERS, OTHER
CLIENTS OR OTHER LICENSORS WITH RESPECT TO CONDUCT,
COMMUNICATION OR CONTENT ON THE SERVICE OR THE SOFTWARE, “SERVICE”, ITS PARENT AND AFFILIATES SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE OR THE
SERVICE. “SERVICE”', ITS PARENT'S AND AFFILIATES' ENTIRE IABILITY TO
YOU AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF ANY IMPLIED OR
EXPRESS WARRANTY, OR FOR BREACH OF THIS AGREEMENT IS LIMITED
SOLELY TO THE TOTAL AMOUNT PAID BY YOU FOR THE SOFTWARE .
7. TERMINATION
Either you or “SERVICE” may terminate your Account at any time without further
obligation to the other. Further, “SERVICE” reserves the right to terminate the service
at any time without further obligation to you.
8. GENERAL PROVISIONS
You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or
obligations granted to you in this Agreement, except as expressly provided in this
Agreement. Any assignment in violation of this Agreement is void, except that you may
transfer your Account to another person provided that person accepts the terms of this
License Agreement. If any provision of this Agreement is held to be unenforceable for
any reason, such provision shall be reformed only to the extent necessary to make it
enforceable, and such decision shall not affect the enforceability of: (i) such provision
under other circumstances, or (ii) the remaining provisions hereof under all
circumstances. “SERVICE”' failure to enforce at any time any of the provisions of this
Agreement shall in no way be construed to be a present or future waiver of such
provisions, nor in any way affect the right of any party to enforce each and every such
provision thereafter. The express waiver by “SERVICE” of any provision, condition or
requirement of this Agreement shall not constitute a waiver of any future obligation to
comply with such provision, condition or requirement. Notwithstanding anything else in
this Agreement, no default, delay or failure to perform on the part of “SERVICE” shall
be considered a breach of this Agreement if such default, delay or failure to perform is
shown to be due to causes beyond the reasonable control of “SERVICE”. This
Agreement is governed by and construed under Spain law. All notices given by you or
required under this Agreement shall be in writing and addressed to “SERVICE” at C/ Veneras 9, 3º
28013 Madrid
Spain.
In order to set up your Account, you will be required to accept all of the above terms
and conditions. If you do not accept this Agreement, follow the return instructions given
to you online.
9. REFUND POLICY
Virtual Fashion offers a free time-restricted demo version of all of our products. The demo not only serves for you to test the product but helps you determine if the software will function correctly with your hardware.
Should you receive a damaged CD we will gladly issue you an exchange. Please send the defective CD along with a note telling us the problem to:
Virtual Fashion
Customer Support
Veneras 9, 3º
28013 Madrid
Spain
WE ENCOURAGE YOU TEST BEFORE YOU BUY. UNDER NO CIRCUMSTANCES WILL ISSUE ANY REFUND FOR A PURCHASE.
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