Welcome to "WF Funding"
"WF Funding"’s service (the “"WF Funding" Service”) is located at www.worldfashionweek.tv and is operated by “World Fashion Week®” Ltd, service provides sellers with the ability to create and sell custom merchandise and apparel and buyers with the ability to find high-quality, unique products and the supports of the growth of each individual brand.
Use of the "WF Funding" Service
Information You Provide
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify "WF Funding" of any unauthorised use of your password or account or any other breach of security.
Social Networking Services
Please remember that "WF Funding" has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. "WF Funding" also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. "WF Funding" does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the "WF Funding" Service. "WF Funding" enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the "WF Funding" Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.
If you are under 13 years of age, you are not authorised to use the Service. If you are under 18 years old, you may use the "WF Funding" Service only with the approval of your parent or guardian.
In connection with your use of the "WF Funding" Service, you will comply with all applicable laws, regulations and industry standards.
General Practices and Instructions Regarding Use
You will comply with any instructions provided to you by "WF Funding" in connection with your use of the "WF Funding" Service. "WF Funding" may establish general practices and limits concerning use of the "WF Funding" Service. "WF Funding" reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.
Sellers: Creation and Implementation of "WF Funding" Campaign/goals
The "WF Funding" Service allows sellers to create campaign/goals/goals and sell custom merchandise and apparel through those campaign/goals. Following are specific obligations concerning the initiation of any campaign/goal. To the extent any campaign/goal violates these Terms of Service, we may choose to terminate, delay or modify the campaign/goal/goal in our discretion. For additional information about the "WF Funding" Service, please refer to "WF Funding"’s Frequently Asked Questions portal.
Your Right to Conduct a Campaign/Goal: By creating a campaign/goal through the "WF Funding" Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and conduct the campaign/goal (“Campaign/Goal Rights”), including any rights relating to the name, description, images, text or URL used for the campaign/goal. You will provide "WF Funding" with evidence of your Campaign/goal Rights upon request.
"WF Funding" does not claim any ownership rights in the content you upload to the "WF Funding" Service. Please be sure you maintain copies of all of your work. "WF Funding" has no responsibility or liability for the deletion or failure to store any content or information uploaded to the "WF Funding" Service.
"WF Funding" retains all ownership rights in any designs created by "WF Funding" designers and may not be used by you, other than in connection with your campaign/goals on the "WF Funding" Service, without "WF Funding"’s express written consent.
For the purpose of implementing and fulfilling your campaign/goal and for the purpose of advertising the "WF Funding" Service in any medium "WF Funding" chooses, you hereby grant "WF Funding" a nonexclusive, worldwide, fully paid up, transferable, sub-licensable license under your Campaign/goal Rights to copy, display, distribute, modify the content you upload to the "WF Funding" Service (including all related images, text, content and information).
Acceptable Use; Indemnity
Your use of the "WF Funding" Service, including the creation and implementation of product campaign/goals, is subject to these Terms of Service (including our Acceptable Use Policy). To the extent any campaign/goal violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that "WF Funding" has the right to withhold and redirect any funds collected relating to the campaign/goal, which funds will be disbursed based on "WF Funding"’s internal policies (for example, "WF Funding" may give the funds to a charity where a campaign/goal falsely states it is raising funds for that charity, or "WF Funding" may apply such funds to any judgment or settlement, and/or the reimbursement of "WF Funding"’s expenses, resulting from a third party’s claim of infringement) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with "WF Funding" in such activities. Without limiting the foregoing, you also agree to indemnify and hold "WF Funding" harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Acceptable Use Policy or any other part of these Terms of Service.
Quality of Artwork and Promotions
Each campaign/goal must meet reasonable production standards. All of your advertisements or promotional descriptions, including content that is uploaded to the "WF Funding" Service, must be accurate and correct and must not include any content concerning non-"WF Funding" activities, events, products, services or promotions.
Proceeds from Campaign/goal
If you agree to a campaign/goal through the "WF Funding" Service, you will be given a “base price” from "WF Funding" for each inclusion/product. Once your campaign/goal is launched and buyers/consumers support your inclusion fee at the minimum campaign/goal is reached, you will provide to the buyer/consumer to same value of their payment in product/merchandising. You are solely and fully responsible for payment of any income taxes applicable to the amounts you supported to you through the "WF Funding" Service. Prior to receiving your Campaign/Goal, you may be required to provide additional information to "WF Funding" as needed by "WF Funding" to comply with its reporting obligations.
If you work with other people on your campaign/goal, and there is a dispute between you and your partners, even though "WF Funding" receives notice of the dispute, "WF Funding" is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, "WF Funding" may withhold payouts until the dispute is resolved, in "WF Funding"’s sole discretion.
Intellectual Property Complaints
"WF Funding" takes any allegations of infringement seriously. If "WF Funding" receives any complaint or allegation that your campaign/goal or any resulting merchandise constitutes an unauthorised use of a third party’s rights, you understand that "WF Funding" may terminate or delay your campaign/goal, in its sole discretion. In addition, you understand that "WF Funding" may release your contact information to any third party that satisfactorily alleges a violation of its rights.
"WF Funding" will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a "WF Funding" user has infringed upon your rights, please notify "WF Funding" through our contact page. You may also contact us by mail at the address provided at the end of these Terms of Service, attention Legal Department.
You must include with your notification the following information;
A physical or electronic signature of a person authorised to act on behalf of the owner of the intellectual property that you allege is being infringed;
The URL to the "WF Funding" campaign/goal(s) used in connection with the sale of the allegedly infringing campaign/goal and/or merchandise;
Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);
Your full name, address, telephone number(s) and email address(es);
A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorised by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and
A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorised to act on behalf of the owner of the copyright or other right that is allegedly infringed.
Repeat Infringer Policy
"WF Funding" has adopted a policy of terminating, in appropriate circumstances and at "WF Funding"'s sole discretion, users who are deemed to be repeat infringers. "WF Funding" may also at its sole discretion limit access to the "WF Funding" Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.
Buyers: Supporting Brand Inclusion at World Fashion Week events and PreSale of Merchandise
If you PreSale any merchandise through the "WF Funding" Service, you will be required to provide "WF Funding" information regarding your credit card or other payment instrument. You represent and warrant to "WF Funding" that such information is true and that you are authorised to use the payment instrument. You will be responsible for all taxes associated with your PreSale of merchandise through the Service.
Loss and Cancellation
Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.
"WF Funding"'s Proprietary Rights
Service Content, Software and Trademarks
You are only authorised to use the "WF Funding" Service for the purpose of engaging in business transactions with "WF Funding". You may not use any automated technology to scrape, mine or gather any information from the "WF Funding" Service or otherwise access the pages of the "WF Funding" Service for any unauthorised purpose. If you are blocked by "WF Funding" from accessing the "WF Funding" Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the "WF Funding" Service or distributed in connection therewith are the property of "WF Funding", our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
The "WF Funding" Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorised by "WF Funding", you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the "WF Funding" Service or the Service Content, in whole or in part. Any use of the "WF Funding" Service or the Service Content other than as specifically authorised herein is strictly prohibited. Any rights not expressly granted herein are reserved by "WF Funding".
The "WF Funding" name and logos are trademarks and service marks of "WF Funding" (collectively the “"WF Funding" Trademarks”). Other company, product and service names and logos used and displayed via the "WF Funding" Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to "WF Funding". Nothing in these Terms of Service or the "WF Funding" Service should be construed as granting any license or right to use any of "WF Funding" Trademarks displayed on the "WF Funding" Service, without our prior written permission in each instance. All goodwill generated from the use of "WF Funding" Trademarks will inure to "WF Funding"’s exclusive benefit.
Third Party Material
Under no circumstances will "WF Funding" be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.
"WF Funding" may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of "WF Funding", its users or the public.
Third Party Websites
The "WF Funding" Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. "WF Funding" has no control over such sites and resources and "WF Funding" is not responsible for and does not endorse such sites and resources. "WF Funding" will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the "WF Funding" Service are between you and the third party, and you agree that "WF Funding" is not liable for any loss or claim that you may have against any such third party.
Disclaimer of Warranties
YOUR USE OF THE "WF Funding" SERVICE IS AT YOUR SOLE RISK. THE "WF Funding" SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, "WF Funding" EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY Campaign/goal, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Limitation of Liability
"WF Funding" WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF "WF Funding" HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL "WF Funding"’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID "WF Funding" OR "WF Funding" HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
"WF Funding", in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the "WF Funding" Service and remove and discard any content within the "WF Funding" Service, for any reason. Further, you agree that "WF Funding" will not be liable to you or any third party for any termination of your access to the "WF Funding" Service.
Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit "WF Funding" in any way and will not attempt to do so or imply that you have the right to do so.
For users located in the European Union: These Terms of Service will be governed by the laws of the European Union, without regard to its conflict of law provisions. With respect to any disputes, you and "WF Funding" agree to submit to the personal and exclusive jurisdiction of the courts. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
For all other users: These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes, you and "WF Funding" agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within their respective country. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
These Terms of Service constitute the entire agreement between you and "WF Funding" and govern your use of the "WF Funding" Service, superseding any prior agreements between you and "WF Funding" with respect to the "WF Funding" Service. The failure of "WF Funding" to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of "WF Funding", but "WF Funding" may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. "WF Funding" may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the "WF Funding" Service.
Questions? Concerns? Suggestions?
Please contact us with any questions regarding these Terms of Service or the "WF Funding" Service.