Terms of Use

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Subscriber Terms of Use

These Subscriber Terms of Use (“Terms of Use”) govern each individual user’s (a “Subscriber” or “You”). Access to and use of The Fashion and Race Database™ Platform (“The FRD Platform”), including all related content and any other materials provided by Artis Solomon, LLC (“Artis Solomon”) in printed, electronic, or other form

BY CLICKING THE “I ACCEPT” CHECKBOX OR SUCH OTHER MEANS PROVIDED TO YOU TO DEMONSTRATE YOUR ACCEPTANCE, YOU ACCEPT THESE AUTHORIZED USER TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR IF YOU ARE NOT AT LEAST 16 YEARS OF AGE, DO NOT CLICK THE “I ACCEPT” BOX OR OTHER MEANS PROVIDED FOR ACCEPTANCE, AND YOU WILL HAVE NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE FRD PLATFORM.

 

  1. Subscription Grant. Subject to your strict compliance with these Terms of Use and your payment of the Fees referenced below, Artis Solomon hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use The FRD Platform solely in accordance with these Terms of Use and any instructions provided on The FRD Platform website. You will terminate immediately on the earlier to occur of: (a) the expiration or earlier termination of your subscription period; or (b) your ceasing to be authorized to access The FRD Platform for any or no reason.
  1. Subscriber Fees. Your access to The FRD Platform is contingent upon payment of the Subscriber Fees set out here for individual subscribers. For authorized users accessing The FRD Platform in connection with an institutional subscriber account, such fees are paid for by the subscribing institution on your behalf.
  1. Use Restrictions. You shall not, directly or indirectly:
    • access or use The FRD Platform except as set forth in in these Terms of Use;
    • copy The FRD Platform, in whole or in part;
    • modify, translate, adapt The FRD Platform, or otherwise create derivative works based on The FRD Platform;
    • combine The FRD Platform or any part thereof with, or incorporate The FRD Platform or any part thereof in, any other programs;
    • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of The FRD Platform or any part thereof;
    • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices included on or in The FRD Platform, including any copy thereof;
    • sublicense, assign, distribute, publish, transfer, or otherwise provide any access to or use of The FRD Platform or any features or functionality of The FRD Platform, for any reason, to any other person or entity;
    • use The FRD Platform in violation of any law, regulation, or rule; or
    • use The FRD Platform for purposes of competitive analysis of The FRD Platform, the development of a competing product or service, or any other purpose that is to the Artis Solomon’s commercial disadvantage.
  1. Compliance Measures. (a) The FRD Platform may contain technological copy protection or other security features designed to prevent unauthorized use of The FRD Platform, including features to protect against use of The FRD Platform beyond the scope of the license granted. You shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features.
  1. Collection and Use of Information.(a) Artis Solomon may, directly or indirectly through the services of others, collect and store information regarding use of The FRD Platform and about equipment on which The FRD Platform is installed or through which it otherwise is accessed and used. You agree that Artis Solomon may use such information for any purpose related to use of The FRD Platform by You, including but not limited to: (i) improving the performance of The FRD Platform or developing updates; and verifying compliance with these Terms of Use and enforcing Artis Solomon’s rights, including all intellectual property rights in and to The FRD Platform.
  1. Intellectual Property RightsYou acknowledge that access to The FRD Platform is provided under license, and not sold, to you. YOU DO NOT ACQUIRE ANY OWNERSHIP INTEREST IN THE FRD PLATFORM, OR ANY PORTION OF THE FRD PLATFORM, UNDER THIS AGREEMENT, OR ANY OTHER RIGHTS TO ACCESS TO THE FRD PLATFORM other than to access The FRD Platform in accordance with the license granted under these Terms of Use, subject to all terms, conditions, and restrictions. Artis Solomon and its licensors and service providers reserve and retain their entire right, title, and interest in The FRD Platform and all intellectual property rights arising out of or relating to access to The FRD Platform, subject to the license expressly granted under this Agreement. You shall use your best efforts to safeguard The FRD Platform from infringement, misappropriation, theft, misuse, or unauthorized access as a result of your use of or access to The FRD Platform.
  1. Disclaimer of Warranty; Limitation on Liability. THE FRD PLATFORM IS PROVIDED TO SUBSCRIBER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. ARTIS SOLOMON AND ITS AFFILIATES, AND ANY OF ITS RESPECTIVE LICENSORS OR SERVICE PROVIDERS, SHALL NOT BE LIABLE TO YOU FOR ANY USE OF THE FRD PLATFORM, NOR SHALL THEY BE LIABLE IN THE EVENT OF AN INTERRUPTION, DELAY, OR INABILITY TO USE THE FRD PLATFORM. IN ALL CASES AND UNDER EVERY CIRCUMSTANCE, THE ONLY REMEDY FOR THE SUBSCRIBER UNDER THIS AGREEMENT IS A REFUND OF A PRO-RATA PORTION OF THE SUBSCRIBER FEES PAID BY SUBSCRIBER, WHICH SHALL NOT EXCEED $100.00 US DOLLARS.
  1. Governing Law. These Terms of Use are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby shall be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located in the City of New York, New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such legal suit, action, or proceeding.