TERMS OF SITE USE
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These Terms & Conditions (“Terms”) govern your access to and use of the services and sSquares websites (referred to in this document as Squares.Moda and the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
Who can use Squares.moda and Style Notes
You may use our Products only if you can form a binding contract with Squares.moda, and only in compliance with these Terms and all applicable laws. When you create your Squares.moda Designer subscription or Style Notes account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited.
Commercial use of Squares.moda
If you would like to subscribe to Squares.moda for commercial purposes you must request and create a client designer subscription account first and also agree to our Subscription Terms and Conditions. The designer account subscription terms and conditions are defined on confirmation of your submission of each editorial subscription from your account.
If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades. We may at any given time request from further confirmation of your employment by that company, organization, or other entity.
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed through third party services and websites which you post to. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with sSquares Ltd and are not a person barred from receiving services under the laws of the United States, United Kingdom or any other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Posting content on Squares.moda Style Notes
Squares.moda Style Notes allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Squares.moda Style Notes.
The Services that Squares.moda provides are always evolving and the form and nature of the Services that Squares.moda provides may change from time to time without prior notice to you. In addition, Squares.moda may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Squares.moda also retains the right to create limits on use and storage at it’s sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Squares.moda on the Services are subject to change. In consideration for Squares.moda granting you access to and use of the Services, you agree that Squares.moda and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
To make sure you and our users feel safe and comfortable here, we require all our Squares.moda Style Notes users to agree to our Style Notes Acceptable Use Policy and follow these rules that are based on our common site community etiquette.
Content on The Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Squares.moda may not monitor or control the Content posted via the Services and, it cannot take responsibility for such Content. Any use or reliance on any Content or materials posted or transmitted via the Services or obtained by you through the Services is at your own risk.
Squares.moda do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Squares.moda be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
We value hearing from our users, and are always interested in learning about ways we can make Squares.moda and Squares.moda Style Notes better for you. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Squares.moda does not waive any rights to use similar or related Feedback previously known to Squares.moda, or developed by its employees, or obtained from sources other than you.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Squares.moda a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Squares.moda to make such Content available to other companies, organizations or individuals who partner with Squares.moda for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Squares.moda, or other companies, organizations or individuals who partner with Squares.moda, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
Squares.moda may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and Squares.moda’s third party partners. You understand that your Content may be rebroadcasted by Squares.moda’s partners and if you do not have the right to submit Content for such use, it may subject you to liability. Squares.moda will not be responsible or liable for any use of your Content by Squares.moda in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Squares.moda gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Squares.moda as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Squares.moda, in the manner permitted by these Terms.
Squares.moda has adopted and implemented the Squares.moda Copyright and Trademark Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright and Trademark Policy.
We care about the security of our users. While we work to protect the security of your content and account, Squares.moda cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Squares.moda may terminate or suspend the licence to using or subscribing to Squares.moda at any time, with or without cause or notice to you.
If you use our Products for commercial purposes as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Squares.moda and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Squares.moda and its licensors. The Services are protected by copyright, trademark, and other laws of the United Kingdom, the United States and foreign countries. Nothing in the Terms gives you a right to use the Squares.moda name or any of the Squares.moda trademarks, logos, domain names, and other distinctive brand features unless otherwise instructed for you in your Squares.moda account.
RESTRICTIONS ON CONTENT AND USE OF THE SERVICES
Squares.moda reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Squares.moda also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Squares.moda, its users and the public.
Except as permitted through the Services (or these Terms), you have to use any API created by Squares.moda if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Squares.moda’s computer systems, or the technical delivery systems of Squares.moda’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Squares.moda (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Squares.moda (NOTE: crawling or scraping the Services without the prior consent of Squares.moda is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Squares.moda will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to it. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Squares.moda with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Squares.moda to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Squares.moda reserves the right to remove Content alleged to be infringing without prior notice and at its sole discretion. In appropriate circumstances, Squares.moda will also terminate a user’s account if the user is determined to be a repeat infringer. You can find more on our policy at www.Squares.moda/TrademarkPolicy . Squares.moda’s designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Copyright Agent
Worlds End Studios 134 Lots Road CHELSEA SW100RJ LONDON United Kingdom
THE SERVICES ARE AVAILABLE “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, SQUARES.MODA AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Squares.moda makes no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Squares.moda will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Squares.moda has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Squares.moda makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Squares.moda or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Squares.moda is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Squares.moda of such websites or resources or the content, products, or services available from such websites or resources. Squares.moda makes no guarantee of accuracy regarding product data displayed on it's web and mobile platforms or its emails. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SQUARES.MODA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SQUARES.MODA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
WAIVER AND SEVERABILITY
The failure of Squares.moda to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
CONTROLLING LAW AND JURISDICTION
These Terms and any action related thereto will be governed by the laws of England and Wales without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in England and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
These Terms and Squares.moda’s
Copyright and Trademark Policy
Designer Subscriptions Policy if you are subscribed to Squares Designer Subscriptions
Style Notes Acceptable Use Policy
Style Notes Subscription Policy if you are registered or subscribed to style notes
are the entire and exclusive agreement between Squares.moda and you regarding the Services (excluding any services for which you have a separate agreement with Squares.moda that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Squares.moda and you regarding the Services. Other than members of the group of companies of which sSquares Ltd is the parent, no other person or company will be third party beneficiaries to the Terms.
Squares.moda may revise these Terms from time to time, the most current version will always be at Squares.moda.com/tos. If the revision, in Squares.moda’s sole discretion, is material Squares.moda will notify you via an e-mail to the email associated with your account. By continuing to access or the Services after those revisions become effective, you agree to be bound by the revised Terms.
The services of www.Squares.moda are operated and provided by sSquares Ltd.,Worlds End Studios , 134 Lots Road , CHELSEA , SW100RJ, LONDON, U.K. If you have any questions about these Terms, please use our contact us page unless otherwise specified.
Effective: 1st March 2016