Trendmill.com Terms of Use Agreement

Overview

Trendmill.com a profile-based Web Site that creates proprietary content, links to outside content and offers its members a place to create their own content, interact with each other, display their items, sell their items and tip people off as to where they buy items in both online and retail stores. The goal is for people to use the site to rate each other’s items, communicate with each other and determine what is hot or not in fashion and trends according to what our community thinks. The service is operated by Trendmill Media Inc.

Acceptance of Terms of Use

By using the trendmill.com Website, you agree to be bound by these Terms of Use which sets out the legally binding terms for your use of the Website and your Membership in the service.

This Agreement includes by reference trendmill.com's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and trendmill.com’s Privacy Policy. You may also receive a copy of this Agreement by emailing us at: privacy@trendmill.com.

Term

This Agreement shall remain in full force and effect while you use the Website, the service, and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions appearing on the Web site and trendmill.com may, at any time, terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to trendmill.com provided that you shall not be entitled to any indemnity, compensation of whatever nature as more fully described in the Section of these Terms of Use entitled disclaimers and Limitation of liability.

Eligibility for browsing

This Web Site is intended solely for access and use by Individuals entitled to do so and to transact online and by legal entities. By accessing and using Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are merely surfing or browsing through the site and have not yet registered to become a member, your use of the Website is still subject to the Terms of Use; if you do not agree to the Terms of Use, do not use the Website. Your profile may be deleted without warning, if it is found that you are not entitled to access, use the WebSite and to transact online. You are solely responsible for all content published or displayed through your account, including any messages, and for your interactions with other members.

Fee

No fee is required to become a member of trendmill.com. Nonetheless, Trendmill.com reserves the right to charge for the service provided that this change shall be subject to the provisions respecting changes in the Terms of Use. You also agree that if trendmill.com terminates your membership because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees and may be lead to indemnify and hold harmless trendmill.com in accordance with these Terms of Use.

Sale through the Web site

Trendmill.com is a Web Site allowing inter alia anyone to communicate with other members, expand their network and offer, sell, market and buy just about anything, at anytime, from anywhere, in a variety of pricing formats including a fixed priced format. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site.

We may establish a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site. Because our role is limited to facilitating contacts between potential sellers and buyers, in the event that you have a dispute with one or more users, you release trendmill (and our parent and its subsidiaries and joint ventures and all such person's, officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical.

We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence. By using this Site, you agree to accept such risks and trendmill is not responsible for the acts or omissions of its users.

This Website contains links to other websites to which users may direct other users to the online purchase of items or may direct to stores where users may purchase items. By using trendmill.com’s Web site, you agree and are aware that trendmill.com is nor responsible for these links as well as of practice of other Web sites or stores. trendmill.com does not control the information of these websites or stores to which users may be directed nor does it approve their contents. You may find such information to be offensive, harmful, inaccurate or deceptive. As a result thereof, you agree to exempt trendmill against any liability in this respect.

Content posted on the Web Site

Please choose carefully the information you post on trendmill.com and that you provide to other Members. Your trendmill.com profile may not include the following items: photographs posted by you may not contain nudity, violence, or offensive subject matter. Users may select the information they desire to be display pertaining to their profile.

You warrant and represent that (i) you own the content posted by you on or through trendmill or otherwise have the right to grant the license set forth in this section; and (ii) the posting of the content on or through trendmill does not violate the privacy rights, publicity rights, copyrights, contracts rights or any other rights of any person. You agree to indemnify and hold trendmill.com harmless in accordance with the Section of this Agreement “Indemnities”.

You understand and agree that trendmill.com may review and delete at any time, for any or no reason, with or without prior notice, and without liability any content, messages, chat messages, comments, testimonials, items for sale, photos, videos, audio files or profiles posted on the Web Site that in the sole judgment of trendmill.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member. trendmill.com also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or services provided by trendmill at any time, for any or no reason, with or without prior notice, and without liability.

The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. trendmill.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the membership of such violators. Prohibited and Illegal Content includes but is not limited to content that:

• is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
• Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Web Site or any material or information that you transmit to other Members and agree to indemnify and hold trendmill.com harmless against any action, suit as more fully described in the Section named Indemnity of these Terms of Use.

Intellectual Property Rights

By posting any content on any public area of trendmill.com, you automatically
grant as well as represent and warrant that you have the right to grant to trendmill.com, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content to trendmill.com and that trendmill.com has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

Trendmill owns and retains all proprietary rights in the Web site and the service associated with the Web site. The Web site contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of trendmill, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary
information.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of trendmill.com to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to trendmill.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address;
4. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

TrendMill.com’s Copyright Agent for notice of claims of copyright infringement can be reached by e-mail to copyright@trendmill.com.

Member Disputes

You are solely responsible for your interactions with other trendmill.com Members. TrendMill.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.

Disclaimers

TrendMill.com is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. TrendMill.com is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service.

TrendMill.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. TrendMill is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Web Site.

Under no circumstances will trendmill.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the services associated therewith, any content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the service associated therewith are provided "AS-IS" and trendmill expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TrendMill.com cannot guarantee and does not promise any specific results from use of the Web site and/or the services associated therewith. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from trendmill.com or through or from the service shall create any warranty not expressly stated herein.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will trendmill.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the service associated therewith, even if trendmill.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, trendmill.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to trendmill.com for the service during the term of membership.

Indemnity

You agree to indemnify and hold trendmill.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

U.S. Export Controls

Software available in connection with trendmill is further subject to United States export controls. No software may be downloaded from trendmill or otherwise exported or re-exported in violation of U.S. Export laws. Downloading or using the software is at your sole risk.

Disputes

If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the Province of Quebec without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the province and federal courts of the province of Quebec, city of Montreal, Canada.

Legal compliance

You shall comply with all applicable laws, statutes, ordinances and regulations regarding the use of our service and privacy policy.

Changes in Terms of Use

From time to time we may make changes to our terms of use. If we make changes, we will post them on our site to make users aware of what the changes are so users will always be aware of the changes. A User is bound by any changes to the terms of Use when she or he uses the site after those changes have been posted. By using the Web Site after such change is posted, you agree to be bound by such change in the Terms of Use.

In addition thereto, trendmill reserves the rights to change a member’s username or profile extension subject to the provisions of this section.

Contacting the Web Site

If you have any questions concerning this privacy policy or your dealings with this Web site, please contact us, please email us at privacy@trendmill.com.

Miscellaneous

This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member, contains the entire agreement between you and trendmill.com regarding the use of the Web site and/or the service associated therewith.

The failure of trendmill.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

TrendMill.com reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of trendmill.com or substantially all of its assets to that successor in interest. For more information see the "Changes in Our Terms of Use” section above.

trendmill is a trade mark of Trendmill Media Inc.
updated: September 27th, 2006