THE1 SHOWROOM
TERMS OF USE
Please read these Terms of Use (collectively with THE1 Showroom [legal entity].'s Privacy Policy, the "Terms") fully and carefully before using http://www.the1showroom.com (the "Site") and the services, features, Content (defined below) offered by [legal entity name] ("THE1 Showroom ", "we", "us" or "our") (together with the Site, the "Services"). These Terms set forth the legally binding terms and conditions for your use of the Site and the Services.
By using the Services and the Content, you, on behalf of your Seller (as defined below) or Buyer (defined below), as applicable (collectively, "You" or "Your"), agree to be bound by these Terms and by our Privacy Policy. If You object to anything in these Terms or the Privacy Policy, You are prohibited from using the Service.
THE TERMS ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON POSTING THROUGH THE SERVICE. BY ACCESSING THE SERVICE AFTER ANY SUCH CHANGE, YOU ACCEPT THESE TERMS AS MODIFIED. YOUR RIGHT TO USE THE SERVICES IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THESE TERMS. IF YOU ARE ACCESSING THE SERVICES ON BEHALF OF YOUR EMPLOYER, SELLER, BUYER, OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS ON ITS BEHALF.
THE THE1 showroom SERVICE. THE1 Showroom provides a number of Internet-based services through the Site, which is divided into 3 segments: Fashion, Decoration and Cosmetics. One such service allows sellers ("Sellers") and merchants ("Buyers") to discover and enter buyer / seller relationships. Buyer users purchase products for resale in their [physical store]. Users who would like to sell products through seller pages should also enter into the seller's agreement. Users who purchase products agree to do so in accordance with the Buyer's Agreement. THE1 Showroom allows users to traverse the areas of the Site dedicated to the segment for which their registration was made. THE1 Showroom may offer a number of other services on your Site, such as forums, contests, fashion editorials, and newsletters, which may change from time to time.
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ACCEPTANCE OF THESE TERMS OF USE.
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By registering for and/or using the Services in any manner, You agree to these Terms and all other operating rules, policies and procedures that may be published from time to time on the Services by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to You.
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Certain of the Services may be subject to additional terms and conditions specified by us from time to time; Your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
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These Terms apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
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ELIGIBILITY. By using the Services or registering for an Account, You represent and warrant that You are 18 yeas of age or older and that You are an employee, officer, consultant, agent or affiliate of an apparel, shoe, fashion accessory or other fashion related Seller or Buyer that has contracted with THE1 Showroom to establish a THE1 Showroom membership and sell or buy certain goods through THE1 Showroom 's website, http://www.the1showroom.com. We may, in our sole discretion, refuse to offer the Services to You, or any person or entity and change eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to You and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for Your use, and not for the use or benefit of any third party.
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ACCOUNT REGISTRATION.
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To get the most benefit from the Services, You may be required to register for an account on the Services (an "Account"). You must provide accurate and complete information and keep Your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than You without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on Your Account, and for keeping Your account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any breach of security or unauthorized use of Your Account. You should never publish, distribute or post login information for Your Account. You shall have the ability to delete Your Account, either directly or through a request made to one of our employees or affiliates.
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As part of the Services, we may ask You to link Your third party accounts (such as Facebook, Pinterest, Tumblr and Twitter) ("Third Party Accounts"). By signing into the Service through or linking Your Account to any Third Party Account, You permit us to access and aggregate certain information from Your profiles on such sites for use by the Service. You ultimately control how much information is accessible via Third Party Accounts via Your privacy settings on such sites. Please note that these accounts sharing restrictions may result in You being unable to use some or all features of the Service. When You use the Service, You are authorizing us to collect, store, and use, in accordance with our Privacy Policy any information that You permit the third party websites to provide to us and to access tokens made available by those third party websites.
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CONTENT OWNERSHIP AND LICENSING.
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DEFINITION. For purposes of these Terms, the term "Content" includes, without limitation, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, trademarks, logos and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all Product Content and User Content (as defined below).
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USER CONTENT. All Content relating to Your Products that You submit through the Services (“Product Content”) and all other Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person, Seller, or Buyer from which such Product Content or User Content originated. You acknowledge that all Content, including Product Content and User Content, accessed by You using the Services is at Your own risk and You will be solely responsible for any damage or loss to You or any other party resulting therefrom. You may delete or remove Your Product Content or User Content, either Yourself or through a request made to one of our employees or affiliates. When Your Product Content or User Content is deleted, it will be removed from the Services. However, You understand that any removed Product Content or User Content may persist in backup copies (and on the THE1 Showroom website) for a reasonable period of time (but will not following removal be shared with others). By accepting these Terms, You agree to provide THE1 Showroom with certain Product Content or User Content, including but not limited to: [a master account list, sample purchase orders, terms and conditions for purchase orders, accepted methods payment, images from Your Seller's or Buyer's collection of goods being offered for sale through the Services and other information related to the style, retailing, sizing, material composition and appearance of Your Seller's or Buyer's goods].
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NOTICES AND RESTRICTIONS. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws ("Intellectual Property"). You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. You or any user affiliated with You, are strictly prohibited from using any Intellectual, including but not limited to any Content specifically provided by us, our partners or our users as well as any aspect, feature, design element, user interface or source code of the Services, outside of the Services or in any way not expressly authorized by the applicable rightsholder to such Intellectual Property.
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TRADEMARKS. All trademarks and trade names used on our Site are proprietary to THE1 Showroom, its business partners, or others. The "[word mark]" name [and logo] are registered trademarks or trademarks or service marks of [THE1 Showroom legal name]. Private labels, trademarks, logos, and artwork, of each of the Sellers and Buyers displayed on the Site are proprietary of their respective owners.
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USE LICENSE. Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes related to the purchase and sale of Your goods through the Services (a "Business Use"). Use, reproduction, modification, distribution or storage of any Content for other than a Business Use is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content in any way that violates any third party right.
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LICENSE GRANT. By submitting User Content through the Services, You hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services or our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). By submitting Product Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, and perform such Product Content solely for the purpose of providing the Services, and for no other purpose. You represent and warrant that You have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
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AVAILABILITY OF CONTENT. We do not guarantee that any Content will be made available on through the Services. Further, we have no obligation to monitor the Site or the Services. However, we reserve the right to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to You and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that You may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Services.
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USER CONDUCT ON THE SITE.
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As a condition of use, You promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of Your activity in connection with the Services.
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You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any Product Content or User Content, that:
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infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
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You know is false, misleading, untruthful or inaccurate;
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is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
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constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
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contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
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impersonates any person or entity, including any of our employees or representatives; or
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includes anyone's identification documents or sensitive financial information; or
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violates any applicable local, state, national or international law, or any regulations having the force of law.
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You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
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You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
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We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these 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 us, our users and the public.
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DIGITAL MILLENIUM COPYRIGHT ACT TAKE-DOWN NOTICE. THE1 Showroom has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf).
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Reporting Copyright Infringement. If you are a copyright owner or an agent thereof, and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail).
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A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
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Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that THE1 Showroom is capable of finding and verifying its existence;
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Contact information about the notifier including address, telephone number and, if available, e-mail address;
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A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
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A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
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THE1 Showroom’s Action. Upon receipt of proper notification of claimed copyright infringement, THE1 Showroom will:
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remove or disable access to the infringing material;
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notify the Content provider or user that it has removed or disabled access to the material; and
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that repeat offenders will have the infringing material removed from the system and that THE1 Showroom will terminate such Content provider's or user's access to the Service.
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Copyright Counter-Notice. If the Content provider or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to the Copyright Agent :
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A physical or electronic signature of the Content provider or user;
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Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
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A statement that the Content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
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Content provider's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's or user's address is located, or if the Content provider's or user's address is located outside the United States, for any judicial district in which THE1 Showroom is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, THE1 Showroom may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed material will be allowed to be uploaded by the original sender or any event participant in 10 to 14 business days or more after receipt of the counter-notice, at THE1 Showroom 's discretion.
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Foreign Counter-Notification. If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for users who are infringers. So, if you are not sure whether content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process set forth above under the heading "Copyright Counter-Notification."
TERMINATION. We may terminate Your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with Your membership. If You wish to terminate Your Account, You may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
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VOID WHERE PROHIBITED. THE1 Showroom controls and operates the Services from offices in the United States. We make no representation that THE1 Showroom Content is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Any content, offer or service on the website is void where prohibited and the user automatically indemnifies THE1 Showroom from any legal or statutory outcomes resulting from their decision or action. THE1 Showroom reserves the right to block access to the Services by certain international users. When you access the Services, you are responsible for compliance with all applicable local laws.
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WARRANTY DISCLAIMER.
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You release us from all liability for You having acquired or not acquired Content through the Services. The Services may contain, or direct You to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, authenticity, copyright compliance, legality, decency, quality or safety of material contained in or accessed through the Services.
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You acknowledge that THE1 Showroom shall not be responsible for any and all unfulfilled or unpaid orders placed through the Services and release us from all liability with respect any lost profits or other damages related to these orders.
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THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE;(V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (VI) THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYEDD ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS OR (VII) THAT THE SELLERS ARE ABLE TO SELL THE ITEMS AND THE BUYERS ARE ABLE TO BUY THE ITEMS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
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USER DISPUTES. You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Services and THE1 Showroom will have no liability or responsibility with respect thereto. THE1 Showroom reserves the right, but has no obligation, to become involved in any way with disputes between you and other users of the Services.
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INDEMNIFICATION. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to Your use or misuse of, or access to, the Services, Content, or otherwise from Product Content or Your User Content, violation of these Terms, any infringement by You, any unfulfilled or lost orders caused by You, or any third party using Your account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in asserting any available defenses. For clarity, You further agree to promptly reimburse THE1 Showroom and any other indemnified person hereunder for all expenses (including fees and disbursements of counsel) as they are incurred by THE1 Showroom or such other indemnified person in connection with investigating, preparing for or defending, or providing evidence in, any pending or threatened action, claim, suit or proceeding in respect of which indemnification or contribution may be sought hereunder (whether or not THE1 Showroom or any other indemnified person is a party thereto) and in enforcing these indemnification provisions. Your indemnity, contribution, reimbursement and other obligations under these indemnification provisions shall be in addition to any liability that You may otherwise have, at common law or otherwise, and shall be binding on Your successors and assigns.
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LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The Services are operated by THE1 Showroom from its facilities in the United States. THE1 Showroom makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
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INTERSTATE NATURE OF COMMUNICATIONS. When You visit our Services, You acknowledge that in using the Services, You will be causing communications to be sent through THE1 Showroom’s computer networks, portions of which may be located in various locations in the United States and portions of which are located abroad. As a result, and also as a result of THE1 Showroom’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature will result in the transmission of U.S. interstate communications regardless of where You are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Use, You acknowledge that use of the service results in U.S. interstate data transmissions.
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SPECIAL NOTE TO INTERNATIONAL USERS. The Services are hosted in the United States. If You are a user accessing the Service from the European Union, Asia, North America or any other region with laws or regulations governing personal and business data collection, use, and disclosure, that differ from U.S. laws, please be advised that through Your continued use of the Services, which are governed by U.S. law, our Privacy Policy, and our Terms of Use, You are transferring Your personal and business information to United States and You consent to the transfer, storage, and processing of Your information, including but not limited to User Content and Product Content and any personal information, to and in United States and/or other countries. If You are using the Services from a country embargoed by United States, You agree that You will not conduct any commercial activities using or through the Services.
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RETURNS. We do not currently allow returns of items, but we do strive to make our customers happy. If the item You receive is damaged, the wrong item or not as described, or if any items are missing, then You must report the issue within 7 days after delivery of the purchased item. Alternatively, You can also email us within 7 days after delivery at returns@the1showroom.com to let us know.
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THIRD PARTY LINKS. The Site may contain links to third-party websites, apps, advertisers, vendors, services or other events or activities that are not owned or controlled by THE1 Showroom (each, a “Linked Site”). You acknowledge and agree that THE1 Showroom does not operate or control in any respect, or necessarily endorse, the information, content, products, services, advertising, or other materials that may be found on a Linked Site. When You link to a Linked Site, You become subject to their terms of service and privacy policy rather than to ours. You assume sole and complete responsibility for, and we do not accept any responsibility for any losses or penalties incurred as a result of, Your use of a Linked Site, any transactions between You and the Linked Site, and any reliance on the contents of a Linked Site is at Your own risk.
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GOVERNING LAW AND JURISDICTION. These Terms of Use shall be governed by U.S. laws and the laws of the State of New York, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Any dispute relating in any way to Your use of the Site shall be submitted to confidential arbitration in New York, except that, to the extent You have in any manner violated or threatened to violate the Site’s intellectual property rights, may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction and You consent and submit to the personal and exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
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ENTIRE AGREEMENT AND SEVERABILITY. These Terms are the entire agreement between You and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and us with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
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MODIFICATION. We reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending You notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict Your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also Your responsibility to check these Terms periodically for changes. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes.
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ELECTRONIC COMMUNICATIONS. When you use our Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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MISCELLANEOUS.
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FORCE MAJEURE. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
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ASSIGNMENT. These Terms are personal to You, and are not assignable, transferable or sublicensable by You except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
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AGENCY. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
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NOTICES. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@the1showroom.
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NO WAIVER. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide You with written notice of such waiver through one of our authorized representatives.
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HEADINGS. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
CONTACT. You may contact us at the following address: info@the1showroom.com
LAST MODIFIED: OCTOBER 4, 2017
THE1 Showroom
Privacy Policy
Please read these Privacy Policy (collectively with THE1 Showroom, Inc.'s Terms of Use, the "Terms") fully and carefully before using http://wwwthe1showroom.com (the "Site") and the services, features, Content (defined in Terms of Use) offered by [legal entity name] ("THE1 Showroom ", "we", "us" or "our") (together with the Site, the "Services"). These Terms set forth the legally binding terms and conditions for your use of the Site and the Services.
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INFORMATION WE COLLECT. When You interact with us through the Services, we may collect Personal Data and other information from You, as further described below:
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Personal Data That You Provide Through the Services. We collect Personal Data from You when You (i) voluntarily provide such information, such as when You register for access to our Services directly (name and email address) and/or third party services (for example, username and email address provided by services such as Facebook Connect), (ii) provide us with information on the purchase order form, such as contact information (such as name, email, and shipping address) and financial information (such as method of payment, credit card number, expiration date) and (iii) contact us with inquiries or respond to one of our surveys. Wherever THE1 Showroom collects Personal Data we make an effort to provide a link to this Privacy Policy.
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Non-Identifiable or Aggregated Data. When You interact with THE1 Showroom through the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify You. THE1 Showroom may store such information itself or such information may be included in databases owned and maintained by THE1 Showroom affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the number of transactions that are effected through the Service, the number of messages You send and receive, the total number of users of our Services, the domain names of our visitors' Internet service providers, and how our users use and interact with the Services. Also, in an ongoing effort to better understand and serve the users of the Services, THE1 Showroom may conduct research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis. THE1 Showroom may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify You personally. THE1 Showroom may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
In operating the Services (and in particular in making our website available), we may also use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Services gives to Your browser when You access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Services may set a cookie on Your browser that allows You to access the Services without needing to remember and then enter a password more than once during a visit to the Services. In all cases in which we use cookies, we will not collect Personal Data except with Your permission. On most web browsers, You will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when You are receiving a new cookie and how to turn cookies off. We recommend that You leave cookies turned on because they allow You to take advantage of some of the Services features.
We may also employ the use of anonymous identifiers, which are random strings of characters that are used for the same purposes as cookies on platforms, including certain mobile devices, where cookie technology is not available.
We may use Web beacons or similar technology on the Services. Web beacons are small, invisible graphic images that may be used on the Service or in emails relating to the Service to collect certain personally non-identifiable information and monitor user activity on the Services, such as to count visits, understand usage effectiveness and to tell if an email has been opened and acted upon.
We may collect device-specific information (such as Your hardware model, operating system version and unique device identifiers). We may associate Your device identifiers or phone number with Your THE1 Showroom account.
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Do Not Track Signals. We may (and we may allow third party service providers to) use cookies or similar technologies to collect information about Your browsing activities over time and across different websites following Your use of the Service. Our Service currently does not respond to "Do Not Track" (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.
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OUR USE OF YOUR PERSONAL DATA AND OTHER INFORMATION. THE1 Showroom uses the Personal Data You provide in a manner that is consistent with this Privacy Policy. If You provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if You contact us by email or other messaging means, we will use the Personal Data You provide to answer Your question or resolve Your problem, or if You confirm a transaction using the Services, we will use the financial data You provide to consummate the transaction. Also, if You provide Personal Data in order to obtain access to the Services, we will use Your Personal Data to provide You with access to such services and to monitor Your use of such services. For example, as soon as You register with a Seller or requests access to a Seller, Your registration information is sent to that particular Seller. The Seller then can either immediately grant access to You or contact You for further questions/clarifications before granting access. The information collected at the time of checkout is used for the following purposes: (i) track order status during/throughout the business transaction (ii) maintain order history and (iii) facilitate billing and shipping.
THE1 Showroom may also use Your Personal Data and other personally non-identifiable information collected through the Services to help us customize the Services, improve the content and functionality of the Services, better understand our users, prevent fraud and improve the Services. THE1 Showroom may use this information to communicate with You regarding the Services or to tell You about services we believe will be of interest to You.[ If we do so, any marketing communication we send You will contain instructions permitting You to "opt-out" of receiving future marketing communications.][OPT-OUT FEATURE REQUIRED UNDER LAW] In addition, if at any time You wish not to receive any future marketing communications or You wish to have Your name deleted from our mailing lists, please contact us as indicated below. Note however that as user of the Service You cannot opt-out of some administrative communications that are reasonably necessary to the Service, such as billing or service notifications.
Please also note that to the extent You include any Personal Data or other information in a listing or any other content that You upload to the Service, we have the right to publish that listing and other content (including without limitation any Personal Data or other information including in the listing) in connection with the operation of the Service or any other products or services of THE1 Showroom, or the promotion, advertising or marketing thereof (including publishing that listing and other content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc.). In addition, users have the ability as part of the Service to share Your listings with others.
If THE1 Showroom intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, You will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.
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OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION. is not in the business of selling Your information. We consider this information to be a vital part of our relationship with You. There are, however, certain circumstances in which we may share Your Personal Data with certain third parties without further notice to You, as set forth below:
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Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
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Agents, Service Providers, Consultants and Related Third Parties. THE1 Showroom, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include maintaining databases, identity verification, fraud monitoring, processing credit card payments etc. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function (for example, providing our credit card payment provider with Your credit card information).
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Legal Requirements. THE1 Showroom may disclose Your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of THE1 Showroom, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
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Enforcement. THE1 Showroom may disclose Your Personal Data to enforce or apply this Privacy Policy, the THE1 Showroom Terms of Service, or our other policies posted on the Site from time to time or agreements to which You are a party.
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Third Party Advertisers. Our Site might include third-party advertising and links to other websites. We do not provide any Personal Data to these advertisers or third-party websites. These third-party websites and advertisers, or internet advertising companies working on their behalf, sometimes use technology to send (or "serve") the advertisements that appear on our Site directly to Your browser. They automatically receive Your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalize advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices. In addition, the Network Advertising Initiative offers useful information about Internet advertising companies (also called "ad networks" or "network advertisers"), including information about how to opt-out of their information collection.]
THE1 Showroom might also display targeted advertising based on personal information about users. Although THE1 Showroom does not provide any Personal Data to advertisers, advertisers (including ad-serving companies) may assume that users who interact with or click on a targeted advertisement meet the targeting criteria used to display the ad (for example, users in the southeastern United States who like designer jeans).]]
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YOUR CHOICES. If you choose not to provide personal information, you will not be able to submit your registration to us and therefore you will not be able to use the Services. In addition, You may request that we delete Your account, and any information associated with Your account, but please note that we may be required (by law or otherwise) to retain this information and not delete it (or to keep this information for a certain time, in which case we will comply with Your deletion request only after we have fulfilled such requirements). When we delete Your information, it will be deleted from the active database but may remain in our archives.
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EXCLUSIONS. This Privacy Policy does not apply to any Personal Data collected by THE1 Showroom other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information You provide to THE1 Showroom through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums (collectively, "Public Areas"), any ideas for new products or modifications to existing products and other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential and THE1 Showroom shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.
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CHILDREN. THE1 Showroom does not knowingly collect Personal Data from children under the age of 13. If You are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Services without their permission. If You have reason to believe that a child under the age of 13 has provided Personal Data to THE1 Showroom through the Services, please contact us, and we will endeavor to delete that information from our databases.
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LINKS TO OTHER WEBSITES. This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by THE1 Showroom (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that THE1 Showroom endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
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INTEGRATING THIRD PARTY SERVICES WITHIN THE SERVICES. One of the special features of the Service is that it may allow You to enable various online Third Party services, such as Facebook and other social media and networking services, payment service providers etc. ("Third Party Services"), to be directly integrated into Your THE1 Showroom experience. To take advantage of this feature, we will ask You to provide us Your username and password for the relevant Third Part Services. By enabling such Third Party Services, You are allowing us to pass Your log-in information to these service providers for this purpose. When You add a Third Party Service account to the Service, we will collect Your login information and other relevant information necessary to enable the Service to access that Third Party Service and Your data contained within that Third Party Service. As part of such integration, such Third Party Services will provide us with access to certain information that You have provided to such Third Party Services, and we will use, store and disclose such information in accordance with this Privacy Policy. However, please remember that the manner in which Third Party Services use, store and disclose Your information is governed solely by the policies of such third parties, and THE1 Showroom shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that may be enabled within the Service.
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SECURITY. Your Account information is password-protected. You need to prevent unauthorized access to Your Account and Personal Data by selecting and protecting Your password appropriately and limiting access to Your computer and browser by signing off after You have finished accessing Your Account. THE1 Showroom uses commercially reasonable physical, managerial, and technical safeguards, such as commercially available encryption protocols, to preserve the integrity and security of Your Personal Data. We cannot, however, ensure or warrant the security of any information You transmit to THE1 Showroom and You do so at Your own risk. Once we receive Your transmission of information, THE1 Showroom makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If THE1 Showroom learns of a security systems breach, then we may attempt to notify You electronically so that You can take appropriate protective steps. THE1 Showroom may post a notice on the Site if a security breach occurs.
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OTHER TERMS AND CONDITIONS. Your access to and use of the Services is subject to the THE1 Showroom Terms of Use locate www.the1showromhowroom.com/terms.
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CHANGES TO THE1 Showroom’s PRIVACY POLICY. The Services and our business may change from time to time. As a result, at times it may be necessary for THE1 Showroom to make changes to this Privacy Policy. THE1 Showroom reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before You provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate Your agreement with the terms of such revised Privacy Policy
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ACCESS TO INFORMATION; CONTACTING THE1 Showroom. To keep Your Personal Data accurate, current, and complete, [please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that You have previously submitted via the Services] [we provide a way to correct, update or delete/deactivate Your Personal Data. This can be done at the [My Account] page available at the top of Site page.]
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[CALIFORNIA PRIVACY RIGHTS. [THIS IS APPLICABLE ONLY IF SITE WILL BE SHARING PERSONAL DATA OF CALIFORNIA RESIDENTS WITH THIRD PARTIES FOR DIRECT MARKETING PURPOSES.] Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Data which THE1 Showroom shares with its affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If You are a California resident and would like a copy of this notice, please submit a written request to the following address: [ 16192 Coastal Highway, Lewes, Delaware, 19958, County of Sussex_].]
Please also feel free to contact us if You have any questions about THE1 Showroom 's Privacy Policy or the information practices of THE1 Showroom
You may contact us as follows: info@the1showroom.com
Last Modified: October 4, 2017
THE1 Showroom
Is a Premium and innovative Platform for global business. A marketplace that Works as a bridge between Brands and Retailers for buying and selling globally.
WHAT WE DO
FOR BRANDS
Digital and simplified export
Expose your Brand to thousands of Retailers from all around the Globe
Facilitate your Wholesale process using the highest technology for B2B transactions
Generate sale reports and create more assertive collections
Export to lots of countries
Open a new big sales channel for your Wholesale business
FOR RETAILERS
Discover new premium brands from around the world
Plan your purchase effortlessly generating ilustrated reports to share with your team
Navigate, buy, check out and receive your orders from all around the Globe
Conect with the best brands and designers
SOCIAL COMMITMENT
THE FOUNDERS
Tati Maluf
Marketing consultant with a 10 years experience in Fashion Business, managing the marketing department of national and international brands. Graduated in Business administration with a marketing degree.
Erica Borges
Commercial Consultant with 23 years experience in national and international Brands management and expansion. Graduated in Marketing with Digital marketing and an E-commerce degree
