This document sets forth the terms and conditions (these "Terms and Conditions") governing your use of " mbfashionweekended.com.au", an Internet Web site (the "Site") operated by IMG Fashion Division of IMG Worldwide, Inc. ("IMG Fashion"), and the "Content" (defined below), information, links and services made available on and through the Site. Please read these Terms and Conditions carefully. These Terms and Conditions will form a binding Agreement between you (also referred to as "user") and us, IMG Fashion.
Acceptance of these Terms and Conditions
Your use of the Site indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Site. Your use of the Site is a privilege. Your continued use of the Site constitutes your agreement to these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of this Site. Notwithstanding the above, IMG Fashion reserves the right to suspend your use of the Site for any reason at any time, in its sole discretion.
Changes to these Terms and Conditions
Please review these Terms and Conditions each time you visit the Site. The information contained in these Terms and Conditions may be changed or updated by IMG Fashion in whole or in part from time to time without prior notice to you by posting the modified Terms and Conditions to the Site. Any changes to these Terms and Conditions will be effective immediately upon IMG Fashion’s posting of them to the Site.
The text, graphics, designs, logos, button icons, images, audio clips, data compilations and information (the "Content") contained on the Site are owned or controlled by IMG Fashion and the other respective beneficial rights owners of the Content, and are protected by United States and international copyright laws. You may download the Content "as is" to a "Computer" (defined below) solely for your personal use and only for non-commercial purposes. Therefore, you may NOT (and you may not cause any third party to) send or post a downloaded of the Content from the Site to personal or corporate blogs, vlogs and the like (e.g., blogster.com, wordpress.com, etc.), video share Web sites (e.g., YouTube.com, GoogleVideo.com, Flickr.com, etc.), social Web sites (e.g., myspace.com, friendster.com, facebook.com, Bebo.com, cyworld.com, twitter.com, etc.) or other Web sites or IP addresses where the Content can be posted, shared, and/or re-downloaded. You may NOT edit, modify or further reproduce the Content for any purpose whatsoever.
All logos, identifications, word marks, trade names, trade dress and other trademarks displayed on the Site ("Trademarks") are registered Trademarks of IMG Fashion and/or of the respective Trademark’s beneficial rights owner. Depictions of products or services on the Site are Trademarks of their respective beneficial rights owners and are protected in the United States and internationally. No use of any Trademarks may be made without the prior written authorization of IMG Fashion and/or the respective beneficial rights owners of the Trademarks except to identify the products or services associated therewith. Nothing contained herein shall be construed as conferring any license or right to any of the patents, copyrights or Trademarks embodied in the Site. All rights, title and interest in the Content and the Trademarks shall reside solely with IMG Fashion or the respective beneficial rights owners thereof.
IMG Fashion does not want to receive any confidential or proprietary information from you through the Site and any information or materials sent to IMG Fashion through the Site in respect of any products or services referenced or offered on the Site will be deemed NOT to be confidential. By sending IMG Fashion any information or materials regarding the Site or IMG Fashion’s business, you grant IMG Fashion an unlimited, worldwide, irrevocable right and license to use, reproduce, display, perform, modify, transmit, exploit and distribute those materials and/or information, and you also agree that IMG Fashion is free to use any such submitted (even if unsolicited) ideas, inventions, concepts, know-how or techniques that you send IMG Fashion via the Site or otherwise for any purpose. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.
Representations of the Site’s Users
By using the Site, you hereby represent and warrant to IMG Fashion that: (i) all information and data contained in any transmission or submission by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information and data contained in any transmissions and submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights.
Limitations on Information Submitted
Any submission or transmission of information and data by you through the Site to IMG Fashion is subject to the following additional guidelines and restrictions:
1. It may not contain URLs or links to any other Internet Web sites;
2. It may not contain copyrighted material (unless you own the copyright or have the beneficial rights owner's written permission to post the copyrighted material);
3. It may not contain trade secrets (unless you own them or have the beneficial rights owner's written permission to provide or post them);
4. It may not contain material that infringes on the intellectual property rights of others, including but not limited to copyright, trademark, patent, or trade secret rights;
5. It may not contain information or data that is known by you to be slanderous, untrue, false or misleading or that does not fairly or accurately depict or describe the subject matter that is the subject of the information and data provided or posted by you;
6. It may not contain information or data which impersonates another entity or person whether living or dead, misstates the identity of any entity or person whether living or dead, or misstates or misleads as to gender, race, religious preference, sexual preference or age;
7. It may not contain viruses, bots, Trojan horses or other programs or information which disrupts, crashes, hacks into, or otherwise interferes with the operation of the Site;
8. It may not be sent for the purpose of "flooding", "mailbombing" or "crashing" the Site;
9. It may not solicit money, donations, investments, financial advice, or make any offering of securities or investments; and/or
10. It may not be, or operate as, chain letters or pyramid schemes.
Monitoring of Information and Data
IMG Fashion does NOT assume any obligation to review the accuracy, completeness, truthfulness or content of any information and data submitted and transmitted to the Site by: (1) you, (2) other users of and visitors to the Site, or (3) persons and entities promoting, offering or responsible for the Content, products and/or services on the Site. Notwithstanding, IMG Fashion may in its discretion review information and data submitted or transmitted to the Site for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information and data submitted and transmitted to the Site for any reason whatsoever.
From time to time, as a convenience to you, IMG Fashion may include links on the Site to third party Web sites, or permit third parties Web sites to link to the Site. Links to or from a third party Web site, whether provided by IMG Fashion or not, do not imply any affiliation between IMG Fashion and the other Web sites’ or their owners, or an endorsement of such third party Web sites. IMG Fashion may cancel any link at any time and will remove any link from the Site upon request from the beneficial rights owner of the linked Web sites. Such requests should be sent to the Site’s administrator, www.nunet.de
Not all of the Content, products and services described on the Site are available or accessible in all geographic areas of the world. You may not be eligible to view or receive all of the described Content, products or services on the Site and IMG Fashion reserves the right to determine the eligibility of any user for any Content, product or service. The Site’s separate pages relating to the Content, products or services may provide additional information on the availability of the Content, products or services and may contain additional terms governing eligibility.
The Site does not intend to market any of the Content, products or services to children. IMG Fashion does not knowingly gather, or solicit data, from children through the Site for marketing purposes.
Accuracy of the Content
IMG Fashion will make every reasonable effort to include accurate and up to date Content on the Site. Notwithstanding the foregoing, IMG Fashion provides the Content for your informational purposes only and does not warrant or represent that descriptions of the Content on the Site is complete, accurate, reliable, current or error-free.
THE SITE AND THE CONTENT AND INFORMATION ON THE SITE IS PROVIDED AS IS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMG FASHION MAKES NO REPRESENTATION OR WARRANTY THAT THE CONTENT AND INFORMATION CONTAINED ON THE SITE WILL BE CURRENT, TIMELY, COMPLETE, UNALTERED, ACCURATE, OR ERROR FREE. IMG FASHION HAS NOT REVIEWED ALL THE WEB SITES THAT MAY BE LINKED TO THE SITE AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEB SITES OR ANY ADDITIONAL WEB SITES LINKED TO THE LINKED WEB SITES. YOUR DECISION TO USE AND ACTUAL USE OF THE LINKS TO ANY OF THE LINKED WEB SITES IS AT YOUR OWN RISK. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL OF THE CONTENT ACCESSIBLE ON THE SITE, OR ANY LINKED WEB SITES TO THE SITE, IS WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. IN NO EVENT SHALL IMG FASHION BE LIABLE TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, ANY OF THE LINKED WEB SITES, OR ANY WEB SITES LINKED TO THE LINKED WEB SITES, INCLUDING, WITHOUT LIMITATION, ANY PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD IMG FASHION AND ITS AFFILIATED COMPANIES, OR ANY OF THEM, HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COSTS OF SUIT, ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS.
Governing Law and Venue
These Terms and Conditions are governed by the laws of the State of New South Wales and the Commonwealth of Australia. Jurisdiction and venue for any claims arising under or in connection with your use of the Site or these Terms and Conditions shall lie exclusively with the courts within the State of New South Wales and the Commonwealth of Australia. You hereby irrevocably consent to the jurisdiction of the courts within the State of New South Wales and the Commonwealth of Australia. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of IMG Fashion to enforce any term or condition of these Terms and Conditions shall not be deemed a waiver thereof and shall not prevent IMG Fashion’s later enforcement.
What Types of Information and Data are Collected and Why?
IMG Fashion may ask you to provide information and data about yourself or your business in order to enhance and improve your use of the Site or in connection with any event staged by IMG Fashion or purposes related to this. The types of information IMG Fashion may collect depends on the specific purpose for which it is collected. For example, some of the information and data that IMG Fashion may ask you to provide may include your name, title, company, address, phone number, email address, and other relevant data. IMG Fashion does not require this information and data to obtain access to any area of the Site. This information and data will enable IMG Fashion to contact you should the need arise or to respond appropriately to any request or question you have about the Site.
Information Collected by the Site’s Cookies
IMG Fashion may also make use of the Site’s "cookies" feature (described below) to help you use the Site more easily, and to help IMG Fashion continuously improve the Site. A "cookie" is a small data file that the Site can send to the Internet browser you are using, which may then be stored on the hard drive or server of the Computer you are using to help the Site remember information about you when you return to the Site, such as your preferences for the Site or your account identifications. The Site’s cookies do not read data from the hard drive of the Computer you are using, read cookie files created by other Web sites, or track any personal information about you. You may have the option of setting the Internet browser (e.g., Google, Yahoo!, etc.) you are using to reject cookies however doing so may negatively impact upon the performance of the Site or restrict IMG Fashion in better serving your use of the Site. The "help" portion of the toolbar on most Internet browsers will tell you how to prevent the Internet browser you are using from accepting new cookies, how to have the Internet browser notify you when a new cookie is received, or how to disable the cookie feature altogether.
Also, as the Site advertises the products and services of third parties, when you click on the banners or pop-ups or hyperlinks on the Site you must assume that information is being collected about you. IMG Fashion is not responsible for the use of any information and data collected in such a manner. You must also assume that (1) information and data will be collected, (2) that cookies will usually be placed by Web sites on the hard drive of the Computer you are using, (3) that IMG Fashion has no control over what happens with such third party collection of your information and data, (4) that IMG Fashion takes no responsibility for the advertisers’, sponsors’ and/or vendors’ Web sites, (5) that IMG Fashion is not responsible for downloads from third party advertisers, sponsors and vendors that contain viruses or worms or other computer code that causes harm to the Computer or software you are using, and (6) that IMG Fashion assumes no responsibility for the information and data that is garnered from the click itself or that the advertiser, sponsor and/or vendor collects.
If you send a person or entity an email from the Site, or if you email the Site’s URL, you must assume that some data is collected about IP address that you are using and/or your email address and that of the person or entity to whom you sent the email. You must assume that referred emails or Web site pages may appear to come from your email. You must accept full responsibility for referring emails and Web site pages to such persons and entities agree to indemnify IMG Fashion for any damages, intentional or unintentional, that result from said emails and URL referrals.
How Does IMG Fashion Use My Information Collected by Cookies?
IMG Fashion will retain the information collected by cookies on the Site on a secure server so that when you revisit the Site, you will not need to re-enter your information. IMG Fashion may use the information collected by cookies in an aggregated form to measure number of visits, average time spent on the Site, pages viewed, and other relevant statistics. In general, IMG Fashion collects this information to measure the overall visitor traffic, use of the Site and to improve the Content of the Site.
IMG Fashion uses your personally identifying information collected by cookies on the Site to identify you as a user of the Site and to assist and speed the completion of any transactions and dealings on the Site. IMG Fashion may use your email address to contact you directly regarding services or products that IMG Fashion believes may be of interest to you. IMG Fashion may also use information collected by cookies on the Site about your preferences and use and activities at the Site, such as the particular pages you visit at the Site and any transactions you effect through the Site, IMG Fashion may vary the Content you view in future your visits to the Site based on your preferences, usage, and activities.
Disclosure of Aggregate Information
IMG Fashion may combine your personally identifying information, and information about your preferences, usage and activities, with those of all or a particular group of the Site’s users to prepare collective profiles of the Site’s users and their preferences, usage and activities for IMG Fashion’s internal use. For example, IMG Fashion may track the number of the Site’s users who view certain pages or use certain features on the Site or to track geographic trends. Such information and data, and other information IMG Fashion derives from the Site’s individual users' information and data, allows IMG Fashion to continue to develop and provide you with quality information and data through more accurate marketing and advertising of the Site. IMG Fashion may share aggregated information concerning the Site’s users, without attribution of personal information, to IMG Fashion’s sponsors, vendors, advertisers, affiliates and other companies with whom IMG Fashion conducts business.
Use of Personal Information
IMG Fashion uses personal information collected from you for the following primary purposes:
(a) Administration of events staged by IMG Fashion;
(b) Registration purposes;
(c) Provision of services related to the events that IMG Fashion stages, such as billing, marketing and client relationship services;
(d) Assessing levels of interest in the events that IMG Fashion stages; and
(e) Provision of information, materials and promotional opportunities by IMG Fashion to you.
When IMG Fashion collects your personal information IMG Fashion will give you the option of advising that you do not want IMG Fashion or any third party to use the information for any disclosed secondary purpose. You may also at any later date notify IMG Fashion of your preference on this issue by contacting the privacy officer (see below for contact details).
Disclosure of Personal Information to Third Parties
Unless otherwise stated, IMG Fashion may disclose your personal information to its service providers, agents and contractors who help provide and market certain services to you. IMG Fashion and such parties may use your personal information to assist in supplying and improving such services made available to you.
IMG Fashion may also, unless you inform IMG Fashion otherwise, disclose your information to sponsors, partners and licensees to enable them to provide you with information, materials and promotional opportunities.
Your information may also be shared between related companies in the IMG corporate group and service providers to the IMG corporate group, which may result in your personal information being transferred outside of Australia but only as permitted under the Privacy Act.
If IMG Fashion provides your personal information to a third party IMG Fashion will generally require that party to protect your information in the same way that IMG Fashion does.
IMG Fashion reserves the right to share your personal information with third parties if IMG Fashion believes such action is necessary in order to:
(i) conform with the requirements of the law or to comply with legal process;
(ii) protect or defend IMG Fashion’s legal rights or property; or
(iii) investigate, prevent or take action regarding illegal activities, suspected fraud, or violations of the terms and conditions of using the Site.
What Does IMG Fashion do to Keep the Site Secure?
IMG Fashion will take reasonable steps to protect your personal information from misuse, loss and unathorised access, modification or disclosure. In doing so, IMG Fashion may use industry-standard encryption methods to transmit your personal registration information and data from the "Computer" (including, but not limited to, a desktop or home computer, laptop, personal digital assistant (e.g., a BlackBerry), and/or portable or tablet computer) you are using to the Site’s server across the Internet, and IMG Fashion may restrict access to any transactional portions of the Site to Computers running Web site browsers that support Secure Socket Layer ("SSL") protocol. To use this protection technology, you need to use a SSL-capable browser. IMG Fashion may use industry-standard encryption methods to submit and transmit your personal information and data from the Computer you are using to the Site’s server across the Internet, and IMG Fashion may restrict access to any transactional portions of the Site to Computers running Web site browsers that support Secure Socket Layer ("PGP") protocol. To use this protection technology, you need to use a PGP-capable decoder.
The Site may contain "links" to other Web sites, and IMG Fashion cannot and are not responsible for maintaining your privacy once you leave the Site. IMG Fashion attempt to only post links to Web sites that share IMG Fashion’s high standards and respect for the users’ privacy. If you provide any information or data to parties who operate Web sites that are linked to or from the Site, different rules may apply to their collection, use or disclosure of your personal information and data, including information provided by you and collected by their Web sites’ cookies. IMG Fashion strongly encourages you to review such other Web sites' privacy and legal policies before revealing any sensitive or personal information. Under no circumstances shall IMG Fashion have any liability whatsoever for the use of your information and other activities conducted by or at any Web sites accessed from or through the Site. Regardless of the precautions taken by IMG Fashion, IMG Fashion cannot and does not ensure or warrant the security of any information and data that you submit and transmit to IMG Fashion and/or is collected by the Site’s cookies, at your own risk. Further, IMG Fashion assumes no responsibility for (1) any damage to Computers or software that you are using to access the Site, or (2) any damage incurred by you or any person or entity you subsequently communicate with from corrupting code or data that is inadvertently passed to their Computers.
Access to and correction of personal information IMG Fashion holds about you
IMG Fashion will on request provide you with access to the personal information IMG Fashion holds about you in accordance with the National Privacy Principles. IMG Fashion may recover its reasonable costs from you in supplying you with access to this information. If IMG Fashion declines to give you access in certain circumstances IMG Fashion will provide you with reasons for this. To request access, please contact the privacy officer (see contact details below). Before supplying any personal information to you IMG Fashion must be reasonably satisfied as to your identity (for example, by having sighted a copy of your driver’s licence). IMG Fashion is not under any obligation to provide personal information to you where IMG Fashion is not required to do so under the National Privacy Principals or otherwise at law.
Ensuring your personal information is up to date
IMG Fashion will take reasonable steps to ensure that your personal information is accurate, up to date and complete whenever IMG Fashion collects or uses it. You may contact IMG Fashion at any time to update your personal information or to tell IMG Fashion that the information is inaccurate or incomplete.
What You Can Do To Protect Your Information?
Use only secure Web sites when disclosing your personally identifiable information. Secure pages generally begin with "https". Avoid easy to decode (that is, easy to figure out) access codes (e.g., your name) and/or personal ID (PIN) codes. Never respond to unsolicited requests for your social security number (SSN) or financial data. Do not disclose your passwords to the Site or your account information to any other person or entity.
The Site is not directed to children, and IMG Fashion does not knowingly collect any personal information from children. If you are concerned about your child's use of the Site, you may use Web site filtering technology to supervise or limit access to the Site.
Please contact the Privacy Officer to ask for access to your personal information, if you have a complaint concerning the privacy of your personal information or if you would like more information.
IMG Fashion, Australia
179-191 New South Head Road
Edgecliff NSW 2027
Telephone: (02) 9285 8000
Fax: (02) 9285 8001
©2013. IMG Fashion.