Privacy Policy
Privacy Policy and Terms of Use
We are committed to protecting our users' privacy. Keeping the information you share with us on the site, secure and ensuring
your understanding of how we collect, use and maintain your
information is important to us at You Spot Fashion. We maintain
physical,
electronic and procedural safeguards to protect your
information and while no data transmission over the Internet is 100%
secure
from intrusion, we have used and will continue to use
commercially reasonable efforts to ensure the protection of your
information.
We continually assess new technology for protecting information
and, when appropriate, we upgrade our information security systems.
Although your privacy is very important to us,
in this legal and technical environment, we cannot fully ensure that
your personally
identifiable information will not be disclosed to third
parties. Please see "Disclosure to Third Parties", below, for more
information.
This Privacy Statement is intended to explain our privacy practices and inform you as to:
- the kinds of information we collect from users of the site and how that information is collected;
- how we use the information;
- the circumstances under which we disclose information to third parties;
- how you can access, update or delete any information collected about you by us; and
- the mechanisms we have implemented to protect your personally identifiable information.
When we use the term "personally identifiable
information" we mean information such as your full name, street
address, town or city, state,
zip code, telephone number, date of birth, e-mail address, IP
address and any other information that would allow someone to identify
you
or contact you. Personally identifiable information also
includes information about your transactions or relationship with us,
if you have been
a collaborator or buyer or you have provided this type of
information. For example, if you make a purchase on our site, in
addition to your
name and contact information, we will also collect and maintain
your address, design selections, your order number, etc. We collect
this
and other information to fill your order, to communicate with you about your order.
We collect personally identifiable information
about you when you visit the site and input information, whether you
are registering to use the
site, ordering or purchasing. We may use the information we
obtain from you, including personally identifiable information, to
tailor
your experience on the site, to display content we think may be
of interest to you, or to let us customize what you see when you visit
the
site according to your preferences.
During the registration process we will also
ask you to select a user login and password (we will allow you to
change your password,
as well as any personally identifiable information you have
given us in order to keep this information current and accurate). Among
other
things, this information helps us securely identify you as a
registered or permitted user of those features and functions.
Bear in mind that when you submit information
to us, it does not guarantee that we will permit you to use any or all
of the features or functions
of the site.
The personally identifiable information you
provide to us, as well as any information, personal or otherwise, that
you create and which may be
saved on or in association with the site, is used to provide
you with better service. It allows us to save you time and better
understand your
needs. It also helps us help you learn more about your
preferences and those goods and services that may be of interest to
you. We may use
your personally identifiable information to advise you of new
designs which may be available from You Spot Fashion. If you are a
registered
user, you also acknowledge, understand and hereby agree that
you are giving us your consent to track your activities and your use of
the site
and its functions and features, in connection with your registration and use of the site.
We use 'cookie' technology to collect data
regarding your visits to the site. This data is stored in aggregate
form and is not used to identify any
particular user or individual, by other means than to provide
you with access to our site, products or services. We use cookies and
similar
tracking technologies in a variety of ways, including:
- keeping count of your return visits to the site;
- accumulating and reporting aggregate, statistical information in connection with the site;
- determining which features users like best; and
- saving your user ID, your password or other information so
you don't have to re-enter it each time you visit the site.
Our site may contain advertisements, references
and links to other web sites and organizations. You should be aware
that different rules may
apply to the collection, use or disclosure of your information
by third parties in connection with their advertisements, promotions
and other web
sites you encounter on the Internet. The use of such technology
by these third parties is within their control and not ours, and even
if we have
a relationship with the third party, we do not control those
sites or their policies and practices regarding your information and we
encourage
you to investigate and ask questions directly of them in this regard.
Except as described in this Privacy Statement
You Spot Fashion uses good faith efforts not to provide third parties
with access to your
personally identifiable information. We will, however, make
your personally identifiable information available to others:
- When we have your consent to do so, in which case their use
of your information is subject to their own privacy policies;
- When we have retained companies to work with or on behalf of You Spot Fashion;
- When we are compelled to do so by a governmental agency,
court or other entity (e.g., to respond to subpoenas, court orders or
legal process);
- If we believe your actions violate any law, regulation, our
Terms of Use or any of our guidelines, or if you threaten the rights,
property or safety
of You Spot Fashion, other customers or users, or any other party;
- As and when we, in our sole discretion, believe such
disclosure to be necessary or appropriate to investigate or resolve
possible problems
or inquiries, to protect our business and assets, to defend
our interests and/or to comply with our legal and regulatory
obligations; or
- In the event of a bankruptcy, or a merger, acquisition, joint venture or other business combination involving us.
It is also possible that third parties may unlawfully intercept or access transmissions or private communications.
We do not sell or market your personally identifiable information to unaffiliated organizations.
Some of the aggregate customer data we collect
may be shared with advertising companies in order to enhance and
improve the operation
and relevance of the site, but we do not give any personally
identifiable information to them as part of this relationship. Use of
their tracking
technology is subject to their own privacy policies.
If you provide us with your e-mail address, we
may occasionally send you emails notifying you about new designs or
other news relevant
for you or the community.
Our privacy guidelines are designed to ensure that we:
- Collect and use your personally identifiable information
only as necessary to deliver high quality service, to administer our
business and to let
you know of goods and services that are available from our family of companies;
- Protect the personally identifiable information the site's
users share with us, maintaining strict standards of security and
confidentiality;
- Will not disclose your personally identifiable information
to any external organization, except as we have described in this
Privacy Statement
or unless we have previously obtained your consent;
- Require any other organization that we retain or engage to
provide services for us, to conform to our privacy standards and to
allow us to audit
them for compliance;
- Exchange information about you and carry out credit
approvals or checks necessary for your purchases of designs from us, to
prevent fraud
and any other activities we may be required to monitor and report under applicable laws and regulations; and
- Make every effort to keep your personally identifiable
information complete, up to date, and accurate based on the information
you provide us.
Our site provides a convenient and easy to use mechanism to
allow you to access and update the personally identifiable information
you give
us.
This privacy statement is the sole statement of You Spot Fashion Privacy Policy with respect to the site, and no summary,
restatement or other version thereof, or other privacy
statement or policy, in any form, including, without limitation,
machine-generated, is valid.
Terms and Conditions
Please read the following terms and conditions.
Your acceptance of these terms is an absolute condition of your use of
the You Spot Fashion
Website and forms a legal agreement between you and You Spot
Fashion. By accessing any service or part thereof under the You Spot
Fashion Website, you agree to be bound by the terms of this agreement.
You Spot Fashion reserves the right to change these terms at any time
without prior written notice, and you agree to be bound by such changes.
This Website is owned and operated by You Spot
Fashion. All designs on this website are owned by You Spot Fashion and
protected by
International copyright laws and international treaty
provisions. You Spot Fashion retains all rights not expressly granted
by this agreement.
The license contained in this agreement will terminate
automatically without notice from You Spot Fashion, if you fail to
comply with any
provision of this agreement. Upon termination, you must destroy
all materials obtained from this site, copies, and related
documentation
thereof. In addition, You Spot Fashion reserves the right to terminate this site without notice.
Any content downloaded by you from this
website, without limitation, is licensed to you by You Spot Fashion.
Your use of the content or any
intellectual property rights therein, is dependent upon your
acceptance of the You Spot Fashion End User License Agreement (EULA)
and any relevant Licensing Agreements.
You Spot Fashion represents that it has the
right to enter into this Agreement and has the right to grant this
License under these terms.
You Spot Fashion does not warrant that the
designs will meet your requirements or that its use will be
uninterrupted or error free.
The entire risk as to the quality and performance of the
designs is with you. Should the designs prove defective, you (and not
You Spot Fashion
or an authorized personnel or other computer dealer) assume the
entire cost of all necessary servicing, repair or correction.
You represent, warrant and covenant that:
1. You are at least 18 years of age and have the right to enter into this Agreement;
2. You will not use the designs in any way that is not
permitted by this Agreement or any other relevant Licensing Agreements;
3. Your use of the designs will not violate any applicable
law or regulation of any country, state, or other governmental entity;
4. The information you provide to You Spot Fashion is accurate and true, without limitation;
5. You agree that all passwords to your You Spot Fashion
account are to be held in the strictest of confidence. You may not
share or disclose
any password or login information to any other user or third
party other than as specifically provided for herein. If you breach any
provision
of this section, we shall be entitled to:
1. Terminate this Agreement immediately with notice to you
2. Retain all unpaid payments pursuant to this Agreement and
3. Seek any legal or equitable remedies.
In the event this Agreement is not terminated
but the Subscription period has been canceled or has expired, you may
continue to use the
designs that you have downloaded as of the date of cancellation
or expiration, provided that such use is in compliance with the terms
of this
Agreement and other relevant Licensing Agreements.
Under no circumstances whatsoever will You Spot
Fashion be liable to you for any damages, including any lost profits
or revenues, lost
savings, or other special, incidental or consequential damages
arising out of the use or inability to use the designs even if You Spot
Fashion
or a distributor authorized by You Spot Fashion has been
advised of the possibility of such damages, or for any claim by any
other party.
You agree to indemnify and hold You Spot
Fashion harmless from, and against, all claims, expenses or liability
asserted against
You Spot Fashion arising out of or in connection with any breach of any of the terms of this Agreement.
Credit Plans:
1. Credit Plans purchased cannot be downgraded. Upgrades however, will be entertained.
2. Purchased credits expire 1 year from date of purchase and can be used to download designs within the expire date.
3. Expired credits are none refundable.
This Agreement constitutes the entire agreement
between you and You Spot Fashion regarding its subject matter. Should
any provision
of this Agreement be held to be void or invalid, that fact will
not affect any other provision, and the remainder of this Agreement
will be construed
to most closely give effect to the parties' intentions. Failure
by You Spot Fashion to enforce any provision of this Agreement will
not be deemed
a waiver of future enforcement of that or any other provision.
The interpretation and enforcement of this Agreement shall be governed
according
to international treaty provisions and other applicable laws.
If You Spot Fashion is obligated to go to court
to enforce any of its rights, or to collect any fees, you agree to
reimburse You Spot Fashion
for its legal fees, costs and disbursements if You Spot Fashion is successful.
You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent.
You acknowledge that you have read this
agreement, understand it, and agree to be bound by its terms and
conditions. You further agree
that it is the complete and exclusive statement of the
agreement between you and You Spot Fashion, which supersedes any
proposal or prior
agreement, oral or written, and any other communication between
you and You Spot Fashion relating to the subject of this agreement.
The
explanations to FAQ’s and other explanations and content
provided in the You Spot Fashion Website are for your information only
and are not,
and shall not be construed as part of this agreement.
This Agreement was originally composed in
English and if it’s subsequently translated into other languages, the
fidelity of subsequent
translations can’t be guaranteed. In case of conflict between
the English version and another language version, the English version
takes
precedence.
Licenses
Standard License
What Standard means is that you pay for the
design only once and then you can use it as many times as you like. In
other words, there are no
license fees except the initial fee and no other royalties to be
paid except those included in the initial cost. Please, note that any
design bought
under this license can be bought by other buyers too.
Exclusive License - (Coming Soon) this License is not available yet
The following license offers exclusive usage
for You Spot Fashion’s designs. All designs are available for this type
of license, however, they’re
priced 10x more than designs bought under the Standard License.
You may use the design unlimitedly, and it’ll be automatically removed
from
our search engine. However, You Spot Fashion can’t guarantee
that this design hasn’t been sold before, but will assure no more to be
sold
after it is sold under the Exclusive License.
This license represents a full ownership of the
downloaded design. The buyer can use it exclusively (exclusivity
applies from the moment that
the file was downloaded using this license), and include it in
any type of work with just a few restrictions: sensitive subjects may
still apply and
the buyer may not claim that the file was created by him nor resell it.
You Spot Fashion will disable the design
immediately after the buyer acquired this license. The designer is
required to disable the file
permanently from all other places where he may sell it, as soon
as possible after the sale occurred, but no longer than 72 hours.
The designer acknowledges and agrees to provide the buyer with full ownership for the file retrieved Exclusive License.
Unauthorized Use
Without limitation, designs may not be used as a
trademark or service mark. Unauthorized use of these Designs
constitutes copyright
infringement and shall entitle You Spot Fashion to exercise all
rights and remedies under applicable copyright law, including an
injunction
preventing further use and monetary damages against all users and beneficiaries of the use of such designs.
For any other details regarding usage or these licenses, you are strongly advised to contact You Spot Fashion.
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