Last Updated 04/05/2011

PLEASE READ THESE TERMS OF USE ("TERMS" OR "TERMS OF USE" OR "TOU") CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS.

1. ACCEPTANCE OF TERMS

Welcome to Globalfashionbrands.com (the “Site” or “Global Fashion Brands Services”) provided to you by Nolcha, LLC (“Nolcha” or “we” or “owner” or “us” or “our” or “GFB”).

Please read the Terms of Use carefully. The Terms of Use include our policy for acceptable use of the GlobalFashionBrands.com Services and content, as well as your rights, obligations and restrictions regarding your use of the Global Fashion Brands Services. We grant you a limited, revocable, non-exclusive license to access the GlobalFashionBrands.com subject to the Terms of Use. Use of the Global Fashion Brands Services beyond the scope of authorized access granted to you terminates this permission. By accessing the GlobalFashionBrands.com, you accept, without limitation or qualification, the following Terms of Use, our Privacy Policy, which are incorporated by this reference. You are only authorized to use the GlobalFashionBrands.com if you agree to abide by the Terms of Use and all applicable laws. If you do NOT accept the Terms of Use and Privacy Policy then please discontinue your use of the Site and the GlobalFashionBrands.com If you sign up for a Fashion Designer Membership Profile, the Site will charge a commission fee per sale transaction for using our services. Unless otherwise stated, all fees are quoted in U.S. Dollars.

We may modify the Terms of Use from time to time and each modification will be effective upon posting on the Site, which serves as notice to you. The Terms of Use constitute the entire agreement regarding your use of the Site or the Global Fashion Brands Services and supersede any such prior Terms of Use. We will attempt to notify all members of changes to these Terms of Use but are not obligated to do so, as it is important that you review the Terms of Use regularly to ensure you are updated as to any changes made. When changes are made, we will indicate at the bottom of this page the date that revisions were made. GFB acts as a website venue to allow shoppers and sellers who to sell and buy certain products/goods/clothing within a fixed-price format. GFB is not directly involved in the transaction between buyers and sellers. As a result, GFB has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. GFB does not pre-screen users or the content or information provided by users. GFB cannot ensure that a buyer or seller will actually complete a transaction. GFB does not transfer legal ownership of items from the seller to the buyer.

GFB cannot guarantee the true identity, age, and nationality of a user. GFB encourages you to communicate directly with the seller if you have any questions prior to purchase. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

2. MEMBERSHIP AND USE OF SITE ELIGIBILITY Age: GFB is available only to, and may only be used by, individuals who are 18 years or older. You represent and warrant that you are at least 18 years old or visiting the Web Site under the supervision of a parent or guardian. Subject to the TOU, GFB hereby grants you a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for your personal educational, informational, and entertainment use. Except as permitted herein, User will not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent or approval.

Compliance: You agree to comply with all local laws regarding online conduct, acceptable content, and taxes. GFB can't provide legal advice, including regarding taxes. It's up to each User to comply with their local laws regarding collecting and reporting applicable taxes from GFB sales. Tax regulations vary greatly, including state by state. We encourage you to consult an accountant to ensure you are following the law. Many sellers will factor in applicable taxes into their selling price of each product. In addition, you must abide by GFB's policies as stated in this TOU as well as all other operating rules, policies and procedures that may be published from time to time on the Web Site by GFB, each of which is incorporated herein by reference and each of which may be updated by GFB from time to time without notice to you.

Use of GFB The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of GFB or used by permission and are protected by copyright, trademark, trade dress and other laws and may not be used except as permitted in these TOU or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

3. GFB COMMERCE TRANSACTIONS

As a Venue: GFB acts as a venue to allow users who comply with GFB's terms of use to offer, sell and purchase certain retail goods at fixed prices. GFB is not a venue for auction formats (for example, like Ebay). GFB is not directly involved in the transaction between buyers and sellers, unless otherwise noted. As a result, GFB has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. GFB does not pre-screen users when registering or the content or information provided by users once registered. GFB cannot ensure that a buyer or seller will actually complete a transaction and is not responsible for incomplete, inaccurate, or cancelled transactions. Consequently, GFB does not transfer legal ownership of items from the seller to the buyer. GFB cannot guarantee the true identity, age, and nationality of a user. If you have questions, GFB encourages you to communicate directly with potential transaction partners through the messaging service available on the Site. You may also wish to consider using services that provide additional user verification. You agree that GFB acts as a venue and is not responsible or liable for any content, including data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on GFB. You use GFB at your own risk.

As a Seller: Additionally, GFB offers limited time sales that allow Users to purchase items directly from GFB ("Flash Sales"). All purchases made during Flash Sales are for products or services provided by the seller of these goods or services, hereinafter defined as "Merchant". The Merchant is responsible for fulfillment of all purchases, including shipping, returns, and exchanges. GFB is solely responsible for the marketing, management, and transacting of the products listed in Flash Sales.

All transactions being paid directly to GFB will be clearly marked as Flash Sales. By placing an order, you agree to be bound by all Terms and additional conditions which may be updated by GFB without notice to you (for example, the day when shipment of your order begins).

The Flash Sales are available to all Users and guests of the Web Site; registration on GFB is not required at this time. All sales during Flash Sales are final - there are no refunds given by GFB.  We enourage you to contact us with any complaints, discrepancies, or issues with orders placed during Flash Sales as we want to ensure your business experience with GFB is a good one.

4. TRADEMARKS

GFB and the GFB logo is a registered trademark of GFB, LLC. All Rights Reserved. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are also registered and unregistered trademarks, trade names and service marks of GFB. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third party owner. All trademarks or property not owned by GFB that appear on this Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GFB. GFB is willing to remove any and all data or information upon reasonable request

5. NO AUTOMATED QUERING

You may not send automated queries of any sort to the Web Site or to the Company's computer systems without our prior written permission. "Sending automated queries" includes without limitation: (a) using any software that sends various queries to the Web Site to determine how it "ranks" the Search Results for various queries; (b) "meta-searching" the Web Site; or (c) using any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automatic device) to access the Web Site, the Company's computer systems, other User or Business accounts, or to monitor or copy the Web Site or any search results generated on our Web Site.

6. USER/SHOPPER ACCOUNTS

GFB offers two distinct registrations for: Shopper and Seller Accounts. The following includes important information on all User Accounts.

User Registration When registering, Users have the option to select their favorite product types, designers, brands and businesses, in addition to selecting their personal sizes, price range, and location (collectively, "User Feed Information"). GFB will then showcase your results in a personal shopping product feed. Users agree to allow GFB to gather all of the User Feed information to showcase products that are pertinent to the User. Users also grant GFB permission to solicit Business registration based on User Feed Information. This DOES NOT include any of your personally identifiable information; we do this for the sole purpose of increasing the amount of matching product offerings for you. You always have the ability to update your User Feed Information.

User Activity: Users can also add friends, pictures, and videos; write reviews of businesses, along with participating in other unique interactions (such as commenting on products) through the Web Site. Users may not use their accounts for commercial purposes unless prior written approval of GFB is received. Users may not create duplicate user accounts.

Users agree not to take any actions for the purpose of manipulating or subverting the business or product reviews. Furthermore, users agree not to post any content that is false or that contains profanity, personal attacks upon individuals, ethnic slurs, personal information such as credit card numbers, material that violates another's legal rights, or other offensive or inappropriate content.

By posting a review, the poster thereby represents that the review is factual to the best of their knowledge, based on personal experience with the merchant or product reviewed, and irrevocably assigns all copyright and other intellectual property rights in the review to GFB. GFB may publish the review on its Web Site or elsewhere at its discretion and reserves the right to remove or alter the content of any review deemed offensive or in violation of its policies. All decisions by GFB in this regard are final.

Binding Sales All buyers are obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance (such as force majeure). If you have any discrepancies, please first contact the seller before contacting GFB.

User Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. Users are not permitted to use fake names or create multiple accounts. GFB retains the right to refuse, delete, or suspend any User Account for violating the letter or spirit of the TOU or for any other reason.

Facebook Integration Details: GFB may offer you the ability to connect your GFB profile with your Facebook account. This could be through registration, product commenting, activity feeds, or recommendations. You are not required to connect your profile to your Facebook account as this is offered as a value add service. To discontinue your GFB and Facebook Connection, please visit Facebook > Your Account > Privacy Settings > Application and Websites, and remove GFB from your Approved Applications.

7. SELLER ACCOUNTS

Designer/Retailer Profile

Fashion Designer profile will include, but are not limited to the following online functions:

• - Brand Name/Bio
• - Function for fans to follow your store
• - Shipping, Return, and Coupon Code Policies
• - Internal messaging service
• - Reviews for Customers
• - Product Upload, Bulk Upload, and Product Management
• - Paypal connection to collect sales
• - Receive email notifications of brand opportunities including product calls, editorial queries, retail placement and event opportunities
• No other benefits are guaranteed expressly and/or impliedly.

Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with GFB's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your GFB shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their GFB shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with GFB's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. GFB reserves the right to request that a seller modify a shop policy.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees.

Seller Membership Fees / Refund Policy

Global Fashion Brands Seller profiles are a commission based membership. Global Fashion Brands charges 10% commission fees for each product successfully purchased through Paypal. Commissions are automatically deducted from the completed sale, prior to payment being dispersed to the Seller's Paypal Account. Global Fashion Brands will automatically charge these fees from your completed sale and you authorize us to charge such payment method for the appropriate commission fees and amounts stated. Global Fashion Brands reserves the right to change commissions or other fees or to institute new fees at any time upon reasonable notice (a minimum of 30 days) posted in advance on the Site. The act of paying fees does not exclude you from the Terms of Use or the Rules, which must be adhered to by all members.

Global Fashion Brands does not provide refunds or credits for any commission fees. Cancellation of any membership or termination of any membership will not result in any refund or credit of fees already paid. The cancellation will go into effect immediately. We may offer other paid services or features associated with the Global Fashion Brands Services, subject to specified terms and conditions, which are incorporated by this reference.

Binding Sales

Sellers are obligated to complete all transactions and ship orders, when necessary, to shoppers upon successful payment. Exceptional circumstances that would prevent sellers from completing orders are 1) the buyer fails to complete payment; 2) force majeure; 3) the seller can authenticate the buyer's identity.

Business Account Information

You must keep your account information up-to-date and accurate at all times, including a valid email address. Businesses are not permitted to use fake names, unauthorized emails, or create multiple accounts. GFB retains the right to remove any business, product, or information of said product, business coupons, business events, and GFB may take the action if necessary in deleting business accounts that do not comply with the letter or spirit of TOU.

Cancellation Policy

You may cancel your seller profile at anytime with no further obligation to Global Fashion Brands. We do not offer any refunds for fees paid to Global Fashion Brands. Once you delete your profile and all of your products, you will not be charged any fees.

Indemnification

Fashion Designer agrees to indemnify and hold Nolcha harmless  from and against any and all Claims arising out of or in connection with: (i) Designer’s activities relating to the website; (ii) Designer’s breach of any term of this Agreement or any statutory, regulatory, terms and conditions found on the website or common law obligation; (iii) liabilities or obligations, or any third party claims (including, without limitation, personal injury or property damage), or with respect to the Products or garments; and (iv) any public relations, promotional or other material furnished by or on behalf of Designer and not therefore modified by Nolcha.

Limited Liability

Nolcha will not, in any event, be liable to Designer for any indirect, incidental, special, direct, reliance, punitive, or consequential damages, including but not limited to, lost income, goodwill, or profits. Designer undertakes to conduct its participation on the website in a professional manner.

Use of Trademarks and Images

Fashion Designer hereby represents and expressly warrants that it has the power and authority to grant, and does hereby grant to Nolcha, a nonexclusive, non-transferable, royalty-free, worldwide license to reproduce and display all logos, images, trademarks, trade names and similar identifying material relating to Designer solely in connection with the promotion, marketing and distribution of globalfashionbrands.com

Termination of Service

You agree that Global Fashion Brands,  in its sole discretion, has the right, but not the obligation, to delete or deactivate your member account, block your IP address, or otherwise terminate your access to or use of the Global Fashion Brands Services, or any part thereof, immediately and without notice, and remove and delete any Member Content on the Global Fashion Brands Services, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Global Fashion Brands will not be liable to you or any third party for any termination of your access to the Global Fashion Brands Services. Further, you agree not to attempt to use the Global Fashion Brands Services after your member account has been terminated.

You agree that if you are dissatisfied with the Global Fashion Brands Services, or if you do not agree with any part of the Terms of Use, or if you have any other dispute or claim with or against us with respect to the Terms of Use or the Global Fashion Brands Services, your sole and exclusive remedy is to discontinue using the Global Fashion Brands Services.

8. ERRORS IN ADVERTISEMENTS OR PRODUCT LISTINGS

On occasion, a product or service may not be available at the time or the price as it appears in an advertisement or on GFB. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our Advertisers or Merchants, you agree GFB is not responsible for such errors or discrepancies and will not be held liable for any loss.

9. USER CONTENT

You understand that all postings, products, messages, reviews, coupons, events, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Web Site are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Web Site. You understand that GFB does not control, and is not responsible for Content made available through the Web Site, and that by using the Web Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Additionally the Web Site and Content available through the Web Site may contain links to other web sites, which are completely independent of GFB. GFB makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such web site. Your linking to any other web sites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will GFB be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Web Site. You acknowledge that GFB does not pre-screen or approve Content posted on GFB. GFB shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Web Site, for violating the letter or spirit of the TOU or for any other reason. Participating businesses and other third parties may pay us to have their company, product or service featured on our Web Site, and may also purchase research on User data from us. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Global Fashion Brands Services.

GLOBALFASHIONBRANDS.COM WILL NOT BE RESPONSIBLE FOR THEIR MEMBERS OR OTHER USERS' ACTIONS OR INACTIONS. WE ARE NOT INVOLVED IN THE TRANSACTION BETWEEN THE MEMBERS. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, INFORMATION OR LEGALITY OF ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF LISTINGS. WE EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OUR SITE.

Responsibility for Your Content (Member Content)

You are solely responsible for the Content you submit or make available for inclusion through the member content ("Member Content") and the consequences of providing it. In connection with Member Content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Global Fashion Brands to use all trademark, copyright or other proprietary rights in and to any and all Member Content to enable inclusion and use of the Member Content in the manner intended by the Global Fashion Brands Services and the Terms of Use; you agree that you will not submit Member Content that violates these Terms of Use. Global Fashion Brands does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Member Content. When you provide Content to GlobalFashionBrands.com, you are automatically granting us a royalty-free, worldwide, non-exclusive, perpetual, fully licensable and irrevocable right to use, distribute, reproduce, modify, adapt, publicly perform and display, translate and create derivative works from such Content in any media, as well as the right to use your name in connection with such Content, if we so choose in relation to the site.

Member Content: Ownership & Licenses

We do not claim ownership rights over your Member Content. However, you grant us the following worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Member Content through the Global Fashion Brands Services, solely for the purpose for which such Member Content was submitted or made available. This limited license exists only for so long as you elect to include Member Content through the Global Fashion Brands Services and it will terminate at the time you remove or we remove such Member Content from the Global Fashion Brands Services. You grant each user of the Global Fashion Brands Services a non-exclusive license to access your Member Content through the Global Fashion Brands Services, and to use, reproduce, distribute, display and perform such Member Content as permitted through the functionality of the Global Fashion Brands Services and under these Terms of Use. Notwithstanding the foregoing, you understand and agree that once Member Content is incorporated into other aspects of the Global Fashion Brands Services by Global Fashion Brands and/or its members, Global Fashion Brands is under no obligation to delete or ask or require other Global Fashion Brands members to delete that Member Content, and therefore, it may continue to appear and be used through the Global Fashion Brands Services indefinitely pursuant to an irrevocable, worldwide, royalty-free license. You understand and agree that we may retain, but will not display, distribute, or perform, server copies of Member Content that have been removed or deleted.

Permitted Use of Content

The content associated with the Global Fashion Brands Services, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, visual interface, design, computer code, interactive features and the like ("Site Content") and the trademarks, service marks, trade names and logos contained therein, are owned by or licensed to Global Fashion Brands,  subject to copyright and other intellectual property rights under the law. Except as expressly and unambiguously provided herein, Global Fashion Brands does not grant you any express or implied rights, and all rights in and to the Global Fashion Brands Services and the Site Content are retained by Globalfashionbrands.com You may access Member Content for your information and personal, use solely as intended through the provided functionality of the Global Fashion Brands Services. Member Content and Site Content are provided to you "AS IS" and "AS AVAILABLE" for your information to be used solely as intended through the provided functionality of the Global Fashion Brands

10. ACCEPTABLE USE POLICY/USER AND BUSINESS CONTENT RULES

If a photo or video depicts any children under the age of 13, you affirm that you have written permission from the child's parent or guardian to provide the photo or video.

You may not use Global Fashion Brands for activities that:

1. violate any law, statute, ordinance or regulation

2. relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law
3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing,or (g) provide certain credit repair or debt settlement services
4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent
5. violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
6. Involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Global Fashion Brands and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

Do not provide User Content that:

• a) contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material;
• b) constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
• c) contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
• d) is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
• e) violates any right of GFB or any third party;
• f) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
• g) violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
• h) “stalks” or harasses anyone;
• i) interferes with any third party's uninterrupted use of GFB;
• j) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
• k)uses or attempt to use another's Registration Account, password, service or system
• l) uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
• m) disrupts, interferes with, or otherwise harms or violates the security of GFB, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through GFB or affiliated or linked web sites; or
• n) "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects. And in Addition Do Not:
• o)use any form of automated device or computer program ("flagging tool") that enables the use of GFB’s "flagging system" without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove accounts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU
• p)attempt to gain unauthorized access to GFB’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Web Site
• q)Post links to commercial services except where allowed in Business Account

11. EMAIL NEWSLETTERS

By maintaining registration with GFB, you agree to receive periodic email newsletters from GFB, in addition to the option to receive Flash Sales Sale Emails. You will always have the option of unsubscribing from these newsletters.

12. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

While GFB uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. GFB does not represent or warrant that use of any Content will not infringe rights of third parties. GFB has no responsibility for actions of third parties or for content provided by others, including User Content. Users will have access to a variety of sources of Content through the Company's service. The Company cannot verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any content contained within any such sources, including product type or product price information received from merchants display on the Web Site.

USER MUST RELY SOLEY ON PRICING INFORMATION AVAILABLE FROM BUSINESS ON GFB OR ON BUSINESS WEB SITES ACCESSIBLE VIA THE WEB SITE WHEN MAKING PURCHASE DECISIONS.

User understands that except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products, or services on the Internet in any way and will not be held liable for any and all fraudulent cases that exist between business and user.

USE OF GFB IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER GFB NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING GFB, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH GFB, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF GFB OR SUCH CONTENT. GFB AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED OR ACTIONS TAKEN BY THIRD PARTIES, OR FOR ANY DAMAGE TO OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. GFB CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. GFB DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH GFB. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. IN NO EVENT SHALL GFB OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GFB OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.

13. INDEMNITY

By using GFB, User agrees to indemnify and hold the Company, its Licensors, service providers, content providers, affiliates, agents, employees, agents, officers and directors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by User, including any use of Content other than as expressly authorized in these Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Web Site.

14. DISPUTE RESOLUTION AND RELEASE

In the event that you have a dispute with one or more users of GFB, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge GFB, its Licensors, service providers, content providers, affiliates, agents, employees, officers and directors from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes.

15. PROPRIETARY INFORMATION

User acknowledges and agrees that the content accessible within the Web Site is the proprietary information of the Company and its content providers (including other Users). Unless otherwise indicated, the Company and its content providers (including other Users, except as assigned to the Company) retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. User further agrees not to hack into the Web Site but to only access the Web Site Content as provided by the Company.

16. PRIVACY

Your privacy is very important to us. All information collected from you in connection with your use of the Web Site is governed by our Privacy Policy.

17. COPYRIGHT AND TRADEMARK CONCERNS

How can I get my business or products removed from GFB?

Please read our full Copyright and Trademark policy for Business Store Fronts, and why you may be featured on GFB. We take Copyright and Trademark concerns very seriously and respect the wishes of all business owners. If you find any products, images, events, coupons, or descriptions that you don’t want on the site, please contact us and we will remove the item within 72 hours. Please use our online form to submit your request.

REPORTING COPYRIGHT AND OTHER INTELLUCTUAL PROPERTY VIOLATIONS

GFB undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement, as well as other intellectual property violations we receive, subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA). We will remove all content deemed to have been posted or distributed in violation of any such laws. To report such a violation, please provide GFB with as much detail as possible, including the following:

1. Information about the copyrighted work: description and information about where the work is protected
2. Information about the allegedly infringing work: description of the infringing material and any other information necessary to assist the Company in locating the allegedly infringing work. This must include URL’s in order for work to be taken down.
3. Contact Information: Provide your full name, address, telephone number, and email address, so that GFB can contact you.
4. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. The physical or electronic signature of the copyright owner or a person authorized by the copyright owner to act on its behalf

Such copyright and other intellectual property claims can be submitted online or sent to: NOLCHA, LLC 350 Fifth Ave. 59th Floor New York, NY 10118 Note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

HOW DO I FILE A COUNTER NOTIFICATION?

The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act. To file a counter notification with us, you will need to send a written communication that includes substantially the following:

1. Identify the URLs of material that GFB has removed
2. Contact Information: Provide your full name, address, telephone number, GFB Username, and email address, so that GFB can contact you.
3. Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or District of Columbia, if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) 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.

Send the written communication to the following address: NOLCHA, LLC Copyright Issue 350 Fifth Ave. 59th Floor New York, NY 10118 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 your personal information. By submitting a counter-notification, you consent to having your 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 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 GFB. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

18. INTERNATIONAL ACCESS

This Web Site may be accessed from countries other than the United States. However, this Web Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Web Site outside the United States you are responsible for complying with your local laws and regulations.

19. MISCELLANEOUS

Headings. The headings of Sections of this TOU are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof.

20. SEVERABILITY

If any Section or provision of this TOU is held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision of this TOU shall be deemed severed from this TOU and the validity of the remainder of this TOU shall not be affected thereby.

21. WAIVERS AND AMENDMENTS.

The waiver by either party of any provision of this TOU on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of this TOU on any other occasion or upon any other circumstances. This TOU may be waived or amended only in writing and signed by both parties.

22. NO GUARANTEE

GFB does not guarantee continuous, uniterrupted access to the Web Site as operation of the Web Site may be affected outside of GFB's control.

23. TERMINATION

GFB reserves the right to modify or terminate the Web Site, and all of the services provided within for any reason, without notice, at any time. GFB reserves the right to alter the TOU, Privacy Policy, or other conditions at any time, please review frequently. All updates will be date-stamped at the top of the page.

24 NOTICES

All notices or other written communications required or permitted under this TOU shall be given in writing by courier or reputable overnight delivery services, or by certified mail, return receipt requested to either party at its address set forth below. NOLCHA, LLC 350 Fifth Ave. 59th Floor New York, NY 10118 Email: arthurm@nolcha.com

COMPLETE AGREEMENT

This Terms of Use contains the complete understanding of the parties with respect to the subject matter hereof and supersedes all other agreements, understandings, communications and promises of any kind, whether oral or written, between such parties with respect to such subject matter.