The Council of Fashion Designers of America, Inc. (“CFDA”, “we”, “us”, and “our”) is a not-for-profit trade association whose membership consists of more than 470 of America’s foremost womenswear, menswear, jewelry, and accessories designers. The CFDA Foundation, Inc. (“CFDA Foundation”) is a separate not-for-profit organization, which was created to raise funds for charity and industry activities. The mission of the CFDA and CFDA Foundation is to strengthen the influence and success of American fashion designers in the global economy. CFDA is the owner and operator of the website located at www.cfda.com and associated mobile applications (such website and applications, collectively with any artwork, text, graphics, photos or other materials or information uploaded, downloaded or appearing thereon, the “Website”). We thank you for using the Website.
These Terms do not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (“Third Party Services”) that you elect to access through the Website. We don’t take any responsibility for the content, results, proceeds or functionality of those Third Party Services. We encourage you to carefully review the terms of service of all Third Party Services you access through the Website.
If you have any questions or comments about these Terms, please contact us at firstname.lastname@example.org.
BASIC REQUIREMENTS OF USE
In order to use the WEBSITE, you must be 18 or older. If you are under age 18 you may not, under any circumstances or for any reason, use the Website. By accessing or using the Website, you represent and warrant that you are 18 or older. You must also have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws, statutes, ordinances or regulations.
ACCOUNTS AND SECURITY
Registration is not required to enter the Website, however, you may choose to create or reconfigure a user account with us. If you choose to create or reconfigure a user account with us, you are required to provide us with the following information: first name, last name and/or entity name, e-mail address, and the desired frequency with which you would like to receive correspondence from CFDA (collectively, “Registration Information”). You agree that all Registration Information you provide to CFDA for purposes of creating an account will be true, accurate, current and complete. You agree that we may take steps to verify the accuracy of Registration Information you provide.
Your log-in credentials protect your user account, and you are solely responsible for keeping such information confidential and secure. You understand that you are responsible for any and all use of your log-in credentials on the Website. We cannot and will not be liable for any loss or damage arising from your failure to safeguard your log-in credentials. If your log-in credentials are lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your log-in credentials as soon as possible.
CANCELLING YOUR ACCOUNT
While we hope you enjoy using the Website, you may cancel your user account at any time.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that CFDA retains all right, title and interest in and to all data, information, content and materials provided on or through the Website (including, without limitation, the selection and arrangement of elements displayed on the Website, the compilation of all content and materials on the Website, and the business process, procedures, methods and techniques used in the Website) and all associated patents, copyrights, trademarks, and other intellectual property and proprietary rights recognized anywhere in the world. CFDA™ and CFDA Foundation™ are the sole and exclusive trademarks of the CFDA and its affiliated entities, and all other proprietary trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the sole and exclusive property of the CFDA and its affiliated entities. You may not use CFDA’s intellectual property, including, without limitation, its trademarks, logos, photographs, audio and audio-visual content, and images without CFDA’s prior written consent. All rights are expressly reserved.
Notwithstanding the foregoing, all third-party trademarks, logos, photographs, images, audio and audio-visual content, and other third-party intellectual property contained on or within the Website are the property of the respective third parties, including the respective content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties.
Any feedback, comments, or suggestions you may provide regarding CFDA or the Website is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
CFDA respects the intellectual property rights of others and expects our users to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, please contact us at email@example.com.
CFDA grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable license to access and use the Website for your personal use, subject to all of the terms and conditions set forth in these Terms.
You may not (i) copy, reproduce, or make available to the public any part of the Website, (ii) circumvent any technology use by CFDA, its licensors, or any third party to protect content accessible through the Website, (iii) circumvent any territorial restriction applied by CFDA, (iv) manipulate the Website by using a script or other automated process, (v) remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Website, (vi) use any other person’s username and password, or (vii) rent or lease any part of the Website to any third party.
PROHIBITED USES OF THE Website; TERMINATION
You will comply with all applicable laws, statutes, ordinances and regulations in your use of the Website. Use of your account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice.
You agree not to engage in any activity on the Website, which or includes material that: (a) is offensive, abusive, defamatory, pornographic or obscene, (b) is illegal, or intended to promote or commit and illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of CFDA or a third party, (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, Trojan horses or viruses, or otherwise interferes with the proper functioning of the Website or with any user’s access to the Website, (e) is intended to or does harass or bully other users, (f) impersonates or misrepresents your identity or your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading (in which case, CFDA may at any time and in its sole discretion reclaim your username), (g) uses automated means to artificially promote content, (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letters, or similar communications, (i) involves commercial or sales activities such as advertising, contests, sweepstakes, or pyramid schemes, (j) promotes commercial products or services or otherwise makes available any unsolicited or unauthorized advertising or promotional materials, in each case without CFDA’s prior written consent, (k) interferes with or disrupts the Website, tampers with or attempts to prove, scan, or test for vulnerabilities in the Website or CFDA’s computer systems or network, or breaches any of CFDA’s security, encryption or authentication measures, (l) harms or exploits people under the age of 18, or (m) conflicts with these Terms, in each case as determined by CFDA in its sole discretion.
You agree that CFDA, in its sole discretion and without notice or liability to you, may terminate or suspend your use of, or access to, the Website at any time if CFDA believes in good faith that you: (i) have violated or acted inconsistently with any provision of these Terms or any applicable laws, statutes, ordinances or regulations; or (ii) have engaged in conduct that CFDA reasonably determines to be illegal, fraudulent, harassing, abusive, inappropriate, unacceptable or harmful to other users, third parties or CFDA. In addition, CFDA may in its sole discretion, and at any time, discontinue providing the Website, or any part thereof, with or without notice to you.
YOUR ACCESS TO AND USE OF THE WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU ACCESS AND USE THE WEBSITE AT YOUR OWN RISK. To the maximum extent permissible under applicable law, CFDA DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE WEBSITE OR ANY CONTENT THEREON. While we use reasonable efforts to keep the WEBSITE accessible, the WEBSITE may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to the WEBSITE may be interrupted, suspended or terminated. we shall not be responsible for any damages sustained as a result of such interruptions, suspensions or terminations.
Because we do not control the security of the Internet or other networks you use to access the Website or communicate with us, we can’t be, and are not responsible for any information that you choose to communicate with us and the Website while such information is being transmitted. In addition, we are not responsible for any data lost during transmission.
In addition, CFDA does not warrant, endorse, guarantee or assume responsibility for any third party application, third party application content, content posted to the Website by other users, or any other product or service advertised or offered by a third party on or through the Website. As with any purchase of a product or service, you should use your judgment and exercise caution where appropriate.
LIMITATION OF LIABILITY
To the maximum extent permissible under applicable law, in no event will CFDA or ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE directors, officers, employees, agents, representatives, stockholders, joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, be liable with respect to the WEBSITE, your use of the WEBSITE or any other materials or services provided to you by cfda or any other subject matter of these Terms, whether based on contract, tort, strict liability or other theory, for (i) any lost or corrupted data, lost profits, loss or damage to any computer, mobile phone or other device or any special, incidental, indirect or consequential damages, even if such parties have been advised of the possibility of such damages or if such damages were foreseeable, or (ii) the cost of procuring substitute goods, services or technology. To the maximum extent permissible under applicable law, the aggregate liability of cfda and its AFFILIATED ENTITIES AND THEIR RESPECTIVE directors, officers, employees, agents, representatives, stockholders, joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, to you or any third party in any circumstance will not exceed one hundred dollars ($100).
You agree to defend, indemnify and hold CFDA and its affiliates, and their respective successors, assigns, employees, consultants, agents, directors, officers, members and stockholders, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees and costs) that are attributable to your actions or fault and arise out of (i) your access, use or misuse of any of the Website, (ii) your breach or alleged breach of these Terms, (iii) your violation of any law, statute, ordinance, rule, regulation or rights of others in connection with your use of any of the Website including, without limitation, infringement of anyone else’s intellectual property rights or privacy rights, or (iv) your use or disclosure of another person’s personal information including, without limitation, financial or credit information. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
CFDA may modify or update these Terms at any time without notice and at our sole discretion. Any additional or different terms in these Terms will be effective upon being posted on or in connection with the Website. It is your responsibility to review these Terms periodically. Your continued use of any of the Website following the posting of any additional or different terms in these Terms constitutes your irrevocable acceptance of those additional or different terms. IF YOU DO NOT AGREE TO THESE TERMS, IMMEDIATELY STOP ACCESSING AND/OR USING THE WEBSITE.
You hereby agree that CFDA would be irreparably damaged if these Terms were not specifically enforced, and therefore you agree that CFDA will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as CFDA may otherwise have available to it under applicable laws, statutes, ordinances and/or regulations.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by law.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our control, including, without limitation, mechanical, electronic or communications failure or degradation.
GOVERNING LAW; DISPUTE RESOLUTION
These Terms will be governed by, and will be construed under, the laws of the United States of America and the laws of the State of New York, without regard to choice of law principles. Except as is expressly provided below, you agree to the exclusive jurisdiction of the state and federal courts located in New York, New York to resolve any dispute claim or controversy that arises in connection with these Terms.
In partial consideration for the rights granted to you under these Terms, you agree that any and all controversies, claims, or disputes arising out of, relating to or resulting from the rights granted to you under these Terms, including any breach of these Terms, shall be subject to binding arbitration. You agree to arbitrate further such disputes, and thereby agree to waive any right to a trial by jury. You understand that this agreement to arbitrate also applies to any disputes that CFDA may have with you.
You agree to resolve any dispute arising out of these Terms before the American Arbitration Association (the “AAA”) in accordance with the AAA’s then existing National Rules. The arbitration shall be administered by the AAA and the hearing shall be conducted in the County of New York, State of New York before a neutral arbitrator, who must have been admitted to the practice of law for at least the last ten years (the “Arbitrator”). You agree that the Arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. You also agree that the Arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law and that any decision or judgment of the Arbitrator will be enforceable in any court of competent jurisdiction. You agree that the decision of the Arbitrator shall be in writing and shall be binding upon you and CFDA.
Except to the extent otherwise provided herein, each of you and CFDA agrees that the arbitration shall be conducted on a strictly confidential basis and neither you nor we will disclose the existence or nature of a claim, any documents, exhibits or information exchanged or presented in connection with such a claim or the decision or result of any such claim to any third party except our respective legal counsel, who shall also be bound by the confidentiality of this Section 14.
ou acknowledge and agree that by registering an account with CFDA, you are entering into a legally binding contract. You expressly consent to receiving electronic communications from CFDA regarding the Website, which may come in the form of service and new feature announcements, special content messages and promotions, and administrative messages. These electronic communications are considered part of the Website and your account with us. You further understand and agree that a written contract exists between CFDA and you, and any rules or regulations in connection therewith an “existing business relationship” exists between CFDA and you. Notwithstanding the foregoing, you can opt-out of or unsubscribe from most communications from us, including our notification e-mails. Please see the unsubscribe instructions contained within any given email message for further details.
CHANGES TO THESE TERMS
We may revise these Terms from time to time. The most current version of these Terms will govern our use of your information and will always be available on the Website in the Terms of Service section.
By visiting and continuing to access or use the Website after those changes become effective, you agree to be bound by the revised Terms. IF YOU DO NOT AGREE TO THESE TERMS, IMMEDIATELY STOP ACCESSING AND/OR USING THE WEBSITE AND DO NOT USE THE WEBSITE.
The Website is owned and operated by Council of Fashion Designers of America, Inc., a New York not-for-profit corporation qualified pursuant to Section 501(c)(6) of the U.S. Internal Revenue Code, with a principal place of business located at 65 Bleecker St, 11th Floor, New York, NY 10012. If you would like to get in touch to learn more about our business, please email firstname.lastname@example.org. If you have specific product feedback, or are experiencing technical issues, please email email@example.com.
Published July 31, 2016
© 2016 Council of Fashion Designers of America, Inc.