TERMS OF SERVICE | BluSTREAK Fashions

Last Updated: 19 JANUARY, 2022..

Welcome to the BluSTREAK Fashions website. The following Terms of Service (“Terms of Service” or “Terms”) apply to all users of https://shierendra.wixsite.com/blustreakfashions and its associated websites, subdomains, mobile versions, any associated applications and services (collectively, the “Website”), which is operated by BluSTREAK Fashions (“BluSTREAK Fashions,” “we” or “us”).

The Terms for the Website represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “Users”), and BluSTREAK Fashions regarding your use of the Website. Together, Users and BluSTREAK Fashions are each referred to herein individually as a “Party” or collectively as the “Parties.” When using the Website, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time on the Wix Website (the “Guidelines”). All Guidelines are incorporated by reference into these Terms.

BEFORE USING THE WEBSITE, PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING, BROWSING, USING AND/OR REGISTERING WITH THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE.

1. Children. You must be the age of Majority (18 in Fiji; older in some jurisdictions and Countries/States) or older to become a member of the Website. While individuals under the age of 18 (but not younger than 15) may utilize the Website, they must do so only with the consent and involvement of a parent or legal guardian, under such persons account and otherwise subject to these Terms. BluSTREAK Fashions does not seek through this Website to gather personal information from or about persons under the age of 18. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.

2. Privacy Notice. Your privacy is important to BluSTREAK Fashions. Our Privacy Policy is incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to our collection, use and disclosure of your personal information. The Privacy Policy is also contained in the footer of this Website.

3. Modification of the Terms. BluSTREAK Fashions reserves the right, at our discretion, to change, modify, add or remove portions of these Terms at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the “Last Updated” date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately or as stated then. Please check these Terms periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.

4. Website Access, Linking. BluSTREAK Fashions grants you permission to use its Website as set forth in these Terms and Website Host Terms, provided that and for so long as (i) you use the Website solely for your personal, non-commercial use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise use or exploit any portion of the Website in any medium without our prior written authorization; (iii) you do not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; (iv) you do not engage in any of the prohibited uses as described in these Terms; and (v) you otherwise fully comply with these Terms. The Website is controlled and offered by BluSTREAK Fashions/WIX. BluSTREAK Fashions makes no representations that the Website is appropriate or available for use in other locations. If you are accessing or using the Website from other jurisdictions, you do so at your own risk, and you are responsible for compliance with local laws.

5. Account Information. In order to access some features of the Website, you may have to create an account. When any of the Website content or functions on the Website requires you to register with us, or otherwise provide user information, you must complete the registration process by providing us with complete and accurate account information. You grant to us and to all other persons and entities involved in the operation of the Website the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the Website and as otherwise provided herein. Our information collection and use policies with respect to the privacy of your account information are set forth in our Privacy Policy, which is incorporated into these Terms by reference for all purposes. You acknowledge, consent, and agree that BluSTREAK Fashions may access, preserve and disclose your account information and User Content if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to any claim that User Content violates the rights of third parties; (d) provide certain customized features of the Website to you, if any; (e) respond if you contact BluSTREAK Fashions for any reason; or (f) protect the rights, property, or personal safety of BluSTREAK Fashions, its other Users, and the public.

6. Password. If you register, you may be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. The Website may implement technology that enables us to recognize you as the account holder and provide you with direct access to your account when you revisit the Website. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or BluSTREAK Fashions compatible devices, and you agree to accept responsibility for all activities that occur under your account or password. Where possible, users of public or shared devices should log out at the completion of each visit. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify BluSTREAK Fashions. Then, you should report this incident to all of your card issuers, as well as your local law enforcement agency. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, BLUSTREAK FASHIONS OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

7. Ownership; Proprietary Rights.
(a) General. The Website, including all content, visual interfaces, interactive features, audio, video, digital content, information, text, graphics, design, compilation, computer code, products, software, services, proprietary information, copyrights, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel,” arrangement of items, and all other elements of the Website that are provided by BluSTREAK Fashions (“BluSTREAK Fashions Materials”) are owned and/or licensed by BluSTREAK Fashions and are legally protected, without limitation, under Fiji and state laws and regulations, as well as applicable foreign laws, regulations and treaties. BluSTREAK Fashions Materials do not include Non- BluSTREAK Fashions Content (as defined below). Except as expressly authorized by BluSTREAK Fashions, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, reverse engineer or disassemble any software or otherwise make unauthorized use of the Website or BluSTREAK Fashions Materials. BluSTREAK Fashions reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the BluSTREAK Fashions Materials, except for the limited rights expressly set forth in these Terms.

8. Purchases.
(a) We offer products and services for sale on the Website. Please carefully read all pricing terms in the areas of the Website or BluSTREAK Fashions Quote that allows you to make purchases. You acknowledge that entering into a transaction electronically (including without limitation all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. BluSTREAK Fashions is not responsible for typographic errors. The price for each respective item will be clearly marked on the page and also clearly marked when you enter your credit card information to purchase. A valid credit card (VISA, MasterCard, or American Express) if payments are required to pay for BluSTREAK Fashions Materials. The fee will be charged only when you submit your credit card information to us. This license is a personal, limited, non-transferable, non-sublicensable, revocable license, and we reserve the right to alter or revoke the license at any time by providing notice to you. You agree to pay all fees and applicable taxes incurred by you or anyone using your account.

(b) Price Changes. We may revise the pricing for products, services or features offered through the Website at any time. Unless otherwise noted/stated or quoted, all currency references are in Fijian Dollars (F$). All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by us, your account may be closed without warning or notice at our sole discretion. EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN POLICY OR CANCELLATION POLICY APPLICABLE TO OUR FEE-BASED PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

(c) Cancellation. You may delete your account with us at any time by following the instructions on the Website. If you voluntarily delete your account or allow your account to lapse, you may reactivate your account at any time through the user account section of the Website.

(d) Termination. Accounts terminated by us for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated. We reserve the right to immediately terminate your account in our sole discretion, and without prior notice to you if, for example, you violate the Terms. Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate your account and remove all of your User Content from the Website.

9. User Content.
(a) General. The Website may now or in the future permit you and other Users to post or link media, text, ideas, questions, audio and video recordings, photos, graphics, commentary or other information or content (“User Content”), and to host and/or share such User Content. BluSTREAK Fashions makes no representations that your User Content will remain available via the Website in any way. We may remove your User Content at our sole discretion. YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE WEBSITE IS MADE PUBLICLY AVAILABLE TO USERS OF THE WEBSITE, AND BLUSTREAK FASHIONS DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.

(b) Grant of Rights. By submitting User Content to BluSTREAK Fashions, you hereby grant BluSTREAK Fashions a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Website and BluSTREAK Fashions (and its successor’s, transferees’, sublicensees’ and their respective affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels or through merchandising. You grant BluSTREAK Fashions, transferees and sublicensees’ (and their respective affiliates) the right to use the name that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Website and these Terms.

The above licenses granted by you in User Content you submit to the Website shall be perpetual and irrevocable, except that with respect to any User Content that you have removed or deleted while maintaining your Website user account, or any User Content following any deactivation or deletion of your Website user account, you may specifically notify BluSTREAK Fashions regarding the termination of the foregoing license from you to BluSTREAK Fashions, specifically identifying the item(s) of User Content to which such termination applies, in which case the foregoing license will terminate within a commercially reasonable time after you provide such notice to BluSTREAK Fashions. You understand and agree, however, that even following such termination, BluSTREAK Fashions may retain, but not display or perform, server copies of such User Content. Notwithstanding anything to the contrary herein, the above licenses granted by you in user comments you submit are perpetual and irrevocable.

(c) Your Representations and Warranties Regarding User Content. You shall be solely responsible for your own User Content and the consequences of posting such User Content. In connection with User Content, you affirm, represent, and/or warrant that: (i) your User Content is not confidential or secret, (ii) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize BluSTREAK Fashions to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by BluSTREAK Fashions and these Terms, and to grant the rights and license set forth in this Section, and (iii) your User Content, BluSTREAK Fashions use of such User Content pursuant to these Terms, and BluSTREAK Fashions exercise of the license rights set forth in this Section, do not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) violate any applicable law or regulation, (iv) you have no expectation of compensation or confidentiality of any nature with respect to your User Content and we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to your User Content; and (v) you shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Website, your User Content or its posting on, or submission to, the Website, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

(d) Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Website: (i) any falsehoods or misrepresentations that could damage BluSTREAK Fashions or any third party; (ii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iii) advertisements or solicitations of business, products, or services; or (iv) any material that would be harmful to minors in any manner.

(e) No Responsibility for User Content. With the exception of the limited license granted above, we do not obtain or control any rights in, and do not exert editorial control over, User Content. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by Users with respect to such User Content.

10. Non-BluSTREAK Fashions Content Disclaimer. You understand that when using the Website you will be exposed to User Content, advertising and other third party content (together, the “Non-BluSTREAK Fashions Content”) from a variety of sources and that you may be exposed to Non-BluSTREAK Fashions Content that is inaccurate, offensive, indecent, or otherwise objectionable. BluSTREAK Fashions does not endorse any Non-BluSTREAK Fashions Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will BluSTREAK Fashions be liable in any way for or in connection with the Non-BluSTREAK Fashions Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non- BluSTREAK Fashions Content, any intellectual property infringement or misappropriation with regard to any Non-BluSTREAK Fashions Content, or for any loss or damage of any kind incurred as a result of the use of any Non-BluSTREAK Fashions Content posted, emailed or otherwise displayed or transmitted through the Website.

11. Non-Monitoring of Users and Non-BluSTREAK Fashions Content. You understand that you, and not BluSTREAK Fashions, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available through the Website. BluSTREAK Fashions does not control Non-BluSTREAK Fashions Content posted by Users or otherwise made available by other persons or entities and does not have any obligation to monitor such Non-BluSTREAK Fashions Content for any purpose. If at any time BluSTREAK Fashions chooses, in its sole discretion, to monitor the Non-BluSTREAK Fashions Content, BluSTREAK Fashions nonetheless assumes no responsibility for the Non-BluSTREAK Fashions Content, no obligation to modify or remove any inappropriate Non-BluSTREAK Fashions Content, no obligation to continue to monitor the Non-BluSTREAK Fashions Content and no responsibility for the conduct of the User or other person or entity submitting any such Non-BluSTREAK Fashions Content. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Non-BluSTREAK Fashions Content, including any reliance on the accuracy, completeness, usefulness, non-infringement or legality of such User Content or other Non-BluSTREAK Fashions Content.

12. Removal of Non-BluSTREAK Fashions Content. BluSTREAK Fashions and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-BluSTREAK Fashions Content that is available on the Website in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.

13. Prohibited Uses of the Website.
(a) As a condition of your use of the Website, you hereby represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms.

(b) Any use by you of any of the BluSTREAK Fashions Materials and Website other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Website, use of the Website, access to the Website, or Non-BluSTREAK Fashions Content obtained through the Website, for any purpose other than for your personal use.

(c) Except as expressly provided in Section 4, you agree not to create derivative works of the Website content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written authorization of BluSTREAK Fashions and any applicable licensors.

(d) You agree not to use the Website if you do not meet the eligibility requirements described in Section 1 above.

(e) You agree not to defame, harass abuse, threaten, stalk or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent.

(f) You agree not to intentionally interfere with or damage, impair or disable the operation of the Website or any User’s enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Website with the intended result of denying service to other Users.

(g) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- related features of the Website, features that prevent or restrict the use or copying of any part of the Website, or features that enforce limitations on the use of the Website.

(h) You agree not to attempt to gain unauthorized access to the Website or any part of it, including gaining access or attempting to gain access to another user’s account, computer systems or networks connected to the Website or any part of it, through request, hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website.

(i) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form (other than contributing User Content as enabled by the Website’s functionality and in accordance with these Terms), nor to use modified versions of the Website, including (without limitation) for the purpose of obtaining unauthorized access to the Website or for the removal of any proprietary notices or labels on the Website.

(j) You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

(k) You agree not to utilize framing techniques to enclose any trademark, logo, or other BluSTREAK Fashions Materials without our express prior written consent. You agree not to use any Meta tags or any other “hidden text” utilizing BluSTREAK Fashions’s name or trademarks without BluSTREAK Fashions’s express prior written consent.

(l) You agree not to use any BluSTREAK Fashions logos, graphics, or trademarks as part of the link without our express prior written consent.

(m) You agree not to sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Website to any third party.

(n) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Website or to insert your own or a third party’s advertising, branding or other promotional content on the Website. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

(o) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(p) You agree not to use the Website in any manner that could interrupt, damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website, including, without limitation, sending mass unsolicited messages or “flooding” servers.

(q) You agree not to modify, adapt, translate, or create derivative works based upon the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(r) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

(s) You agree not to use the Website to “stalk” or otherwise harass or harm another in any way.

(t) You agree not to post, transmit or otherwise disseminate through the Website any User Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.

Unauthorized or prohibited use of the Website or the BluSTREAK Fashions Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.

14. Social Media Component
In certain sections of the Website, you may also be able to post your comments on Social Media. For example, your friends and others who have access to view information about you on Facebook or LinkedIn or other Social Media will be able to see (on Facebook and/or LinkedIn or other Social Media and on our Website) that you posted a comment. You'll also be able to see similar information about your Facebook and LinkedIn or other Social Media friends who are connected to our Website.

In addition, our Website may personalize and otherwise enhance your experience based on your Facebook or LinkedIn or other Social Media information, such as your basic information, likes and interests. Please pay careful attention to your Facebook and LinkedIn and other Social Media settings in your account as well as your privacy settings in Facebook or LinkedIn or other Social Media which will impact this feature and may give you some control over the information that is shared and who it is shared with.

While we hope that you find these features to be a great way to share information, including discovering new content, you may nonetheless disconnect your accounts at any time by signing in to your account. Facebook or LinkedIn or other Social Media also offers ways to manage the information you share with BluSTREAK Fashions. See the respective Social Media websites for details.

BY CONNECTING YOUR WEBSITE ACCOUNT TO YOUR FACEBOOK OR LINKEDIN OR OTHER SOCIAL MEDIA ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK AND/OR LINKEDIN OR OTHER SOCIAL MEDIA (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK AND LINKEDIN OR OTHER SOCIAL MEDIA AND YOUR ACCOUNT SETTINGS ON OUR WEBSITE). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT USE THE FACEBOOK OR LINKEDIN OR OTHER SOCIAL MEDIA FEATURES.

15. Advertising Affiliate.
(a) BluSTREAK Fashions may provide the opportunity to advertise your product on our Website. The price for such advertising is available on the Website. You acknowledge that entering into a transaction electronically (including without limitation all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. The price for each respective advertisement will be clearly marked on the page and also clearly marked when you enter your credit card information to purchase. A valid credit card (VISA, MasterCard or American Express) is required to pay for BluSTREAK Fashions Advertising.

The fee will be charged only when you submit your credit card information to us. This license is a personal, limited, non-transferable, non-sublicensable, revocable license, and we reserve the right to alter or revoke the license at any time by providing notice to you. Our advertising fees are not refundable in whole or in part.

(b) Prohibited Uses. You may not use our advertisements to promote sexually explicit material or violence. You also may not use our advertisements to promote discrimination based on race, sex, religion, national origin and physical disability. You represent and warrant that your advertisements do not directly promote or endorse the foregoing.

(c) Disclaimer. BluSTREAK Fashions makes no guarantee with respect to your product sales in connection with becoming an Advertising Affiliate.

(d) Independent Contractor. Each party shall function at all times as an independent contractor, and not as an employee, agent, partner or joint venture of the other party. You further acknowledge that by advertising with us, no confidential, fiduciary, contractually implied or other relationship is created between you and BluSTREAK Fashions other than pursuant to these Terms. Each party shall be solely responsible for its own local, state or county taxes and all liabilities arising from its employees.

(e) Limitation of Damages. BluSTREAK Fashions shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to its agreement with Advertising Affiliate. Affiliate is responsible for confirming the accuracy of its advertisement. BluSTREAK Fashions is not responsible for inaccuracies that might occur beyond its control.

16. Dealings with Advertisers and other Users. Your correspondence or business dealings with, or participation in promotions of, advertisers and other Users found on or through the Website are solely between you and such advertiser or User. YOU AGREE THAT BLUSTREAK FASHIONS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS ON THE WEBSITE.

17. Links and Third Party Websites.
(a) Linking to the Website. You agree that if you include a link from any other website to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Website. You are not permitted to link directly to any image hosted on the Website, such as using an “in-line” linking method to cause the image hosted on the Website to be displayed on another website. You agree not to download or use images hosted on the Website on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time.

(b) Reference Websites. BluSTREAK Fashions, Users and other third parties may provide links on the Website to other sites, including the content therein (“Reference Websites”). BluSTREAK Fashions has no control over such Reference Websites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Websites or other content linked to by the Website.

BluSTREAK Fashions provides links to you only as a convenience, and the inclusion of any link on the Website does not imply our affiliation, endorsement, or adoption of the linked Reference Website or other content or any information therein. If you choose to correspond or engage in transactions with any other person, organization or business found on or through the Website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information, your User Content, and/or the terms and conditions applicable to any transaction between you and such third party.

You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on the Website. ACCESS AND USE OF REFERENCE WEBSITES, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE WEBSITES OR AVAILABLE THROUGH REFERENCE WEBSITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any website other than the Website. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference websites.

(c) Purchases on Third Party Websites. In addition to purchases on the Website, the Website may permit you to make purchases of products or services through third party websites. The terms associated with your transactions for these services and/or products are subject to the terms and conditions and privacy policies of the third party websites. If you have problems or questions regarding a transaction with a third party website, please contact the third party website directly.

18. Service Availability. BluSTREAK Fashions may make changes to or discontinue any of the BluSTREAK Fashions Materials, web communities, products or services available on the Website at any time, and without notice, and BluSTREAK Fashions makes no commitment to update these materials on the Website.

19. Service Testing. From time to time, we test various aspects of the Website, including the platform, user interfaces, service levels, plans, promotions, features, availability of BluSTREAK Fashions Materials, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

20. Feedback. You agree that with respect to any feedback, analysis, suggestions and comments to BluSTREAK Fashions provided by you (collectively, “Feedback”), IN CONSIDERATION OF BLUSTREAK FASHIONS PROVIDING ACCESS TO THE WEBSITE FREE OF CHARGE, USER HEREBY GRANTS TO BLUSTREAK FASHIONS THE EXCLUSIVE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER.

User represents and warrants that User has the right to make the foregoing grant to BluSTREAK Fashions and that any Feedback which is provided by User to BluSTREAK Fashions does not infringe any third-party intellectual property or any other rights. Notwithstanding the foregoing, BluSTREAK Fashions grants to you a non-exclusive, non-transferable, non-sublicensable, world-wide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.

21. Termination. You agree that BluSTREAK Fashions, in its sole discretion, may terminate any account (or any part thereof) you may have through the Website or your use of the Website, and remove and discard all or any part of your account or any User Content. You agree that your access to the Website or any account you may have or portion thereof may be terminated without prior notice, and you agree that BluSTREAK Fashions shall not be liable to you or any third-party for any such termination.

BluSTREAK Fashions reserves the right to modify, suspend or discontinue the Website and/or access to it at any time and without notice to you, and BluSTREAK Fashions will not be liable to you should it exercise such rights, even if your use of the Website is impacted by the change. These remedies are in addition to any other remedies BluSTREAK Fashions may have at law or in equity.

22. INDEMNIFICATION; HOLD HARMLESS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BLUSTREAK FASHIONS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE WEBSITE; (II) YOUR USER CONTENT, INCLUDING BLUSTREAK FASHIONS’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

BLUSTREAK FASHIONS RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF BLUSTREAK FASHION. BLUSTREAK FASHIONS WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.

23. DISCLAIMERS; NO WARRANTIES.
(A) ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 23, AND SECTIONS 24 AND 25 BELOW, THE TERM BLUSTREAK FASHIONS INCLUDES EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND SUBCONTRACTORS.

(B) NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLUSTREAK FASHIONS DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUSTREAK FASHIONS OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

(C) “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, BLUSTREAK FASHIONS MATERIALS, USER CONTENT, NON-BLUSTREAK FASHIONS CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

(D) ONLINE WEBSITE OPERATION AND NON-BLUSTREAK FASHIONS CONTENT. BLUSTREAK FASHIONS DOES NOT WARRANT THAT THE BLUSTREAK FASHIONS MATERIALS, USER CONTENT, NON-BLUSTREAK FASHIONS CONTENT, WEBSITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE OR ANY REFERENCE WEBSITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, HACKING, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

(E) ACCURACY. BLUSTREAK FASHIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR ANY REFERENCE WEBSITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

(F) HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE WEBSITE (INCLUDING RSS FEEDS) OR ANY REFERENCE WEBSITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA.

(G) ANY HEALTH AND WELLNESS CONTENT AND OR INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND DOES NOT AND IS NOT INTENDED AS MEDICAL ADVICE, TO SERVE AS A SUBSTITUTE FOR MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOUR USE OF THE WEBSITE DOES NOT CREATE A DOCTOR / PATIENT RELATIONSHIP. BLUSTREAK FASHIONS IS NOT A HEALTH CARE PROVIDER. THE WEBSITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT.

YOU SHOULD NOT USE THE WEBSITE TO DIAGNOSE A HEALTH OR FITNESS PROBLEM OR DISEASE. USE OF THE WEBSITE DOES NOT REPLACE MEDICAL CONSULTATIONS WITH A QUALIFIED HEALTH OR MEDICAL PROFESSIONAL TO MEET THE HEALTH AND MEDICAL NEEDS OF YOU OR ANY OTHER PARTY. BLUSTREAK FASHIONS DISCLAIMS ALL RESPONSIBILITY FOR THE PROFESSIONAL QUALIFICATIONS AND LICENSING OF, AND SERVICES PROVIDED BY, ANY PHYSICIAN OR OTHER HEALTH PROVIDER REFERRED TO ON THE WEBSITE AND/OR ANY THIRD PARTY WEBSITE. NEVER DISREGARD THE MEDICAL ADVICE OF A PHYSICIAN OR HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF SOMETHING YOU READ ON THE WEBSITE. ALTHOUGH BLUSTREAK FASHIONS STRIVES TO ENSURE THAT THE INFORMATION BLUSTREAK FASHIONS PROVIDES ON THE WEBSITE IS CORRECT, BLUSTREAK FASHIONS CANNOT GUARANTEE THAT IT IS ALWAYS ACCURATE AND UP-TO-DATE. BLUSTREAK FASHIONS OFFERS THE WEBSITE AS IS AND WITHOUT ANY WARRANTIES.

(H) BLUSTREAK FASHIONS MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING BLUSTREAK FASHIONS READY DEVICES OR THE COMPATIILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various software end license agreements you have agreed to by using our service.

24. LIMITATION OF LIABILITY AND DAMAGES.
(A) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BLUSTREAK FASHIONS OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR PERSONAL INJURY OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE BLUSTREAK FASHIONS MATERIALS AND USER CONTENT ON THE WEBSITE OR ANY REFERENCE WEBSITES, THE WEBSITE ITSELF, OR ANY OTHER INTERACTIONS WITH BLUSTREAK FASHIONS, EVEN IF BLUSTREAK FASHIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(B) LIMITATION OF DAMAGES. IN NO EVENT SHALL BLUSTREAK FASHIONS OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF FIFTY FIJIAN DOLLARS (F$50) OR ONE MONTH’S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN (IF APPLICABLE) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM AROSE.

(C) THIRD PARTY PRODUCTS AND SERVICES. SOME USERS MAY USE THE WEBSITE TO MARKET PRODUCTS AND/OR SERVICES. THE ABOVE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SUCH PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES OTHER THAN BLUSTREAK FASHIONS AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE WEBSITE OR THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION ANY REFERENCE WEBSITES.

25. LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.
(A) LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

(B) BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT BLUSTREAK FASHIONS HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BLUSTREAK FASHIONS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BLUSTREAK FASHIONS. YOU ACKNOWLEDGE AND AGREE THAT BLUSTREAK FASHIONS WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

26. Digital Millennium Copyright Act Compliance (“DMCA”).
(a) Infringement Claims. If you are a copyright owner or an agent thereof, and believe that any User Content or other Non-BluSTREAK Fashions Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing BluSTREAK Fashions with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Website and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Website;

4. Information reasonably sufficient to permit BluSTREAK Fashions to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has 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

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFRINGING CONTENT MAY BE FOUND, WILL RESULT IN YOUR CLAIM TO BE DEEMED NULL AND VOID.

(b) Notice and Takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. We may, at our discretion, deny access to the Website by, or disable and/or terminate the accounts of, Users who may be infringers.

(c) Copyright Counter-Notices. If content you posted on the Website was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section 512(g) of the DMCA, is as follows:

1. To file a counter-notification with us, you must provide BluSTREAK Fashions with a written communication that sets forth the items specified below.

2. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) Users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.

(d) Elements of Counter-Notification. To expedite our ability to process your counter- notification, please use the following format (including section numbers):

1. Identify the specific URLs of (or other information sufficient to allow us to identify) material that BluSTREAK Fashions has removed or to which BluSTREAK Fashions has disabled access.

2. Provide your full name, address, telephone number, email address and, if you are a registered User, the User name of your BluSTREAK Fashions account.

3. Provide a statement that you consent to the jurisdiction of the judicial district in which your address is located (if your address is outside of Fiji), and that you will accept service of process from the person who provided notification to BluSTREAK Fashions in accordance with the process outlined above or an agent of such person.

4. Include the following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

5. Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:

BluSTREAK Fashions

P O Box 4017,

LAUTOKA,

FIJI

Or email to shierend@gmail.com

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Website. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).

(e) Foreign Counter-Notification: If you reside outside of Fiji, 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 Fiji 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 Website 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 Fiji or your location if outside of Fiji. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”

(e) DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

23.JURISDICTION

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by BluSTREAK Fashions to resolve any legal matter arising from the Terms of Use or related to your use of the website. If the Court of Law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the Terms of Service and the remaining Terms of Service will continue to be valid in full force and effect. BluSTREAK FASHIONS reserves the right to change any Terms of Service content without consent or notifications when or if required.

24. Miscellaneous.
(a) Notice. BluSTREAK Fashions may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Website. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless BluSTREAK Fashions is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide BluSTREAK Fashions with notices only by mail to the address indicated in subsection (l) below.

(b) Governing Law. These Terms shall be governed by and construed in accordance with the laws of Fiji, without giving effect to any principles of conflicts of law. The Uniform Computer Information Transactions Act does not apply to these Terms.

Jurisdiction. For any dispute you have with us, you agree to first contact us through email shierend@gmail.com and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state or federal courts in and for Fiji, you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, WE AND YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(c) Notice for BluSTREAK Fashions Website Users.
Users of our Website service are entitled to receive the following information on how to resolve a complaint regarding the Website service or to receive further information regarding use of the Website service:

Such complaints or requests may be submitted to BluSTREAK Fashions, Inc. by using one (1) of the following methods:

By E-mail: shierend@gmail.com

By Postal Mail: BluSTREAK Fashions

P O Box 4017,

LAUTOKA,

FIJI

(d) Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN 30 DAYS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

(e) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of BluSTREAK Fashions to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

(f) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

(g) Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BluSTREAK Fashions without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

(h) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

(i) Entire Agreement. This is the entire agreement between you and BluSTREAK Fashions relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any Services Agreement that you may have entered into with BluSTREAK Fashions.

These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by BluSTREAK Fashions as set forth in Section 3 above.

(j) Disclosures. The services hereunder are offered by BluSTREAK Fashions located at: VOTUALEVU, NADI, FIJI

YOUR ONLINE UNIFORMS STORE

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