Discover, collect and share fashion trends with your friends and industry professionals.

TERMS OF USE, CONDITIONS AND PROVISIONS

General

My Fashion Database, LLC (“MyFDB”) has established these policies, terms of use, conditions and provisions (including, without limitation, our Privacy Policy) (collectively, “terms”) to govern your use of this site and all affiliated sites and every mobile version hereof or thereof (collectively, this “site” or the “Service”) whether or not you are a registered user of this site.  We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms at any time without further notice.  Your use of this site following any such change constitutes your agreement to follow and be bound by these terms of use, conditions and provisions as modified.  For this reason, we encourage you to review these terms of use, conditions and provisions whenever you use this site.

By entering this site, you acknowledge that (i) you have read and understand these terms and that you agree to be bound by these terms of use, conditions and provisions as same may be amended from time to time; (ii) you are over the age of eighteen (18) years; (iii) you shall comply with all applicable laws and regulations (including, without limitation, United States export and re-export control laws and regulations); and (iv) the disclaimer, limitation of liability and indemnification provisions set forth in these terms of use, conditions and provisions are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use this site, without which agreement MyFDB would not enter into this agreement or permit you to use this site.  If you do not agree to be bound by the terms of use, conditions and provisions herein, you are directed to terminate and discontinue your use of this site immediately.

Printing of any materials from this site is strictly prohibited.  You shall have no rights in and/or to the proprietary software and related documentation or any enhancements or modifications thereto that permit you to access this site.

You may not copy, reproduce, republish, upload, post, transmit, disseminate, reverse engineer, reverse assemble, sell or distribute in any way any material from this site, including, without limitation, photographs, code and software.  You may in certain instances be permitted to upload information and photographs to this site subject to the express conditions hereof.

These terms of use, conditions and provisions are for the sole benefit of MyFDB and its affiliates and their respective members, managers, shareholders, directors, officers, employees and agents and their respective successors and assigns.  No third party (including any user of this site) shall have the right to assert a claim under these terms of use, conditions and provisions.  We reserve the right to suspend or terminate your access to this site at anytime for any reason.

This site is intended solely for use by professionals in the fashion industry who are eighteen (18) years of age or older.  The site is not intended to be used for personal entertainment purposes.  Any registration by, use of or access to the site by anyone under 18 or for personal entertainment purposes is unauthorized, unlicensed and in violation of these terms of use, conditions and provisions.  By using this site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this agreement.  Membership in the Service is void where prohibited.

Registration Data; Account Security

In consideration of your use of this site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the site (“Registration Information”); (b) maintain the security of your password and identification if your use of this site requires password and identification; (c) maintain and promptly update the Registration Information, and any other information you provide to MyFDB, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Payment Methods

Payment for the services and products, if any, purchased on this site may be made by credit card.  Currently, we accept the following major credit cards: Visa®, MasterCard®, Discover® and American Express®.  We may from time to time modify our list of accepted credit cards.  You will be required to provide us with the exact billing address and telephone number that your credit card issuer has on file for you.  You may further be required to provide us with the security code on your credit card.  You authorize us and our agents to transact payments on your behalf.  In the event of recurring payments, you have authorized us to automatically renew your fee payments on a continuing basis and to charge your credit card (or other payment means) on an ongoing basis unless and until you notify us that you wish to cancel such recurring payments.  Incorrect information may cause a delay in processing, or denial of, your order.  We reserve the right to suspend Service to you in the event you have provided inaccurate or incomplete credit card information.

Correction of Errors and Inaccuracies

The information on this site may contain typographical errors or inaccuracies and may not be complete or current.  MyFDB reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.  Unless intended by the context of the display, the incidental display of products in this site shall not constitute either an endorsement by MyFDB of such products nor an offer by MyFDB to sell such products.

Pictures are provided for illustration purposes only

We have used our reasonable efforts to display as accurately as possible the colors of the materials shown on this site.  However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.  We apologize for any inconvenience this may cause you.

Manner of Conduct

You understand that except for the specific advertising programs offered by us on this site, this site is available for your personal and non-commercial use only.  You may not use any robot, spider or other automatic device or manual process to screen scape, monitor, mime or copy any of the web pages of this site or any content hereof.  You represent, warrant, covenant and agree  that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on this site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.  You shall not use or distribute pirated or unauthorized User Content, photographs, products or information.

In addition, you agree not to:

Governing Law; Severability

THESE TERMS OF USE, CONDITIONS AND PROVISIONS AND YOUR AGREEMENT WITH MYFDB SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.  YOU AGREE TO BE SUBJECT TO SUCH LAWS AND THAT VENUE IN ANY ACTION OR PROCEEDING COMMENCED PURSUANT TO THIS AGREEMENT SHALL LIE IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES AND YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.  You hereby consent to the personal jurisdiction of the Federal and State courts sitting in State of California, City and County of Los Angeles.

If any provision or portion thereof set forth in these terms of use, conditions and provisions is found to be unlawful, void or, for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision. Such severable provisions shall be construed as nearly as possible to reflect the intention of these terms of use, conditions and provisions.

To the extent permitted by applicable law, you agree, that, by using this site, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of, in connection with, or relating to, your use of this site and/or these terms of use, conditions and provisions must be filed within one (1) year after the claim or cause of action accrued or such claim or cause of action shall forever be barred.

Indemnity

You shall indemnify, defend and hold harmless MyFDB and its affiliates and their respective members, managers, shareholders, directors, officers, employees and agents and their respective successors and assigns from and against any and all losses, liabilities, claims, suits, damages, judgments, fines, penalties, violations, actions, causes of action, proceedings, demands, costs and expenses (including, without limitation, reasonable attorney’s fees, court costs and disbursements) (collectively, “Claims”), arising out of, resulting from, or in connection with, your use of this site and/or any third party sites and/or your use of the products or services, if any, obtained from  MyFDB.

Ownership & Trademarks

The marks and names “MyFDB”, “MyFDB Pro” and “My Fashion Database” are owned by My Fashion Database, LLC, and may not be used in connection with any third-party marks, names, products, services or otherwise.  All other marks and names (including third-party product marks and names) are the property of their respective owners.

User Content

Subject to these terms or use, conditions and provisions, you may post photographs, images, graphics, comments, identifying information, and other content (“User Content”) to this site. The foregoing notwithstanding, in no event may any user post User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content.  You may not post, transmit, or share content on this site that you did not create or that you do not have the right to post, transmit or share.  MyFDB reserves the right (but not the obligation) to remove or edit such User Content.

Your License to MyFDB

If you post User Content on this site, and unless we indicate otherwise, you grant MyFDB (i) a nonexclusive, royalty-free, perpetual, irrevocable, and fully transferable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for any purpose, commercial, advertising, or otherwise, including without limitation on or in connection with this site or the promotion hereof, (ii) the right to use the name that you submit in connection with such User Content, if they choose, (iii) the right to use the name(s) and likeness(es) of any individuals who appear in such User Content posted in a public area of the site in any manner on the site, or any products, merchandise or goods related to the site, or for purposes of advertising or selling, or soliciting purchases of, membership in the Service or products, merchandise or goods related to the site.  You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate; that use of the User Content you supply does not violate this site’s policies and will not cause injury to any person or entity; and that you shall indemnify, defend and hold harmless MyFDB for all Claims resulting from User Content you supply.  MyFDB has the right but not the obligation to monitor and/or edit and/or remove any activity or User Content.  MyFDB takes no responsibility and assumes no liability for any User Content posted by you and/or any third party.

Copyrights; Use of Content

All software used to operate this site is the property of MyFDB or used under license and is protected by United States and international copyright laws.   The compilation, collection, selection, arrangement, assembly, and coordination of all the text, graphics, photographs, graphs, sounds, data, images, audio and video clips available on this site is the exclusive property of MyFDB and protected by United States and international copyright laws.

Copyrighted Material – Alleged Infringement

MyFDB will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement.  When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content.  On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed.  On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

How To File a Notification:

A written notification must be made. If you believe that a copyright has been infringed upon, please provide MyFDB with written, signed notification by certified mail and electronic mail sent to:

My Fashion Database, LLC
Attn:  DMCA Notification
17530 Ventura Boulevard, Suite 201
Encino, California 91316
Electronic Mail:
dmca-notification@myfdb.com

The notification must include:

(i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iii) information reasonably sufficient to permit MyFDB to contact you, such as an address, telephone number, and, if available, an electronic mail address; (iv) a statement that you have 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 (v) a statement under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.  Notification that fails to comply with the foregoing will not constitute knowledge or awareness of infringement.

Special Relationships/Third Party Links

Links provided on this site to third party sites are provided solely as a convenience to you and the provision of a link to a third party site does not constitute an endorsement by MyFDB of such third party site or its provider or any of the content, products or services contained or offered in such third party site.

MyFDB makes no representation or warranty, express, implied or otherwise, concerning the accuracy, availability or lawfulness of any third party site.  The links to each third party site are provided for reference and are not intended to state or imply that MyFDB is affiliated or associated with, or legally authorized to use any trade name, trademark, or copyrighted material contained in, such third party site.

Please note that when you click on a link to a third party site, you are 'clicking' to another web site.  We encourage you to read the privacy statement and policies of those linked sites as their terms and policies may differ from ours.  We are not responsible for the terms of use, policies or practices or the content of any third party site.

No Relationship

Except as specifically set forth in these terms of use, conditions and provisions, your use of this site and the content hereof and/or any third party site and the content thereof, and the provision of any information while using this site or any third party site (including, without limitation, e-mail services, if any) shall not create and/or constitute any business, joint venture or other relationship between you and MyFDB.

Violations of Terms

MyFDB reserves the right to block your access to this site if MyFDB determines, in its sole discretion, that you have failed to comply with these terms of use, conditions and provisions. This is in addition to all other remedies MyFDB may have at law, in equity or otherwise.

Disclaimer

This site and its contents, and the links to the third party sites and their contents, are provided on a strictly “as-is” and “as-available” basis and without warranties or representations of any kind, express or implied. To the maximum extent permitted by law, MyFDB specifically disclaims all representations and warranties, express, implied or otherwise, including, without limitation, implied warranties of merchantability or fitness for a particular purpose and non-infringement, and implied warranties from course of dealing or performance and any warranties as to results that may be obtained through use of this site or the third party sites.  No information or advice obtained from MyFDB, whether written or oral, shall create any warranty from MyFDB. We expect our users to take responsibility for their own actions and, accordingly, do not assume any liability whatsoever for the acts of third parties or those posting User Content on the site. You waive any and call claims, rights or remedies which you otherwise might have or be able to assert against MyFDB under all applicable laws, rules and regulations that arise out of or in any way relate to User Content, your use of this site and our response or failure to respond to any complaint you may make in connection therewith or otherwise. MyFDB does not warrant that the functions contained in the materials furnished on this site or any third party site will be uninterrupted, available or error-free, that defects or errors will be corrected or that this site will be available, free from viruses or other harmful components. Under all circumstances, including, without limitation, negligence and strict product liability, your use of this site and the third party sites is solely at your own risk.  MyFDB shall not be responsible for any direct, indirect, consequential, special, punitive or other damages (whether liability is asserted in contract, tort or otherwise), costs or expenses, including, without limitation, lost profits, data, loss of goodwill, loss of or damage to property or claims of third parties, arising out of, in connection with, or relating to your use of this site or any third party site  MyFDB shall not be responsible for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including, without limitation, intellectual property or similar rights.  In all events, the maximum liability of MyFDB to you, if any, shall be the amount you paid to MyFDB for your subscription to this site. Should you be dissatisfied with this site or the content hereof or a third party site and the content thereof, your sole and exclusive remedy is to discontinue use of this site or such third party site.  To the extent permitted by applicable law, the foregoing remedy shall apply even if MyFDB knew or should have known of the possibility of damages to you by use of this site or a third party site. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

PRIVACY POLICY

If you have questions or concerns regarding this statement, you should first contact MyFDB via electronic mail at info@myfdb.com or by mail directed to:

My Fashion Database, LLC
Attn:  Privacy Policy Questions
17530 Ventura Boulevard, Suite 201
Encino, California 91316

Information we may gather from you

When you visit www.MyFDB.com, we may collect information about your visit.  We may collect your IP address (or the address of your proxy), browser type, domain name, and we may log the length of time of your visit and the number of times you visit and your manner of use of this site.  By using this site, you expressly permit us to collect and use the information we collect from you. Generally, electronic information of this nature is used to gather non-specific demographic information about our visitors and generally such information is used to personalize the information you see displayed on this site.  To the extent provided, your IP address may also be used to help identify your computer so that we can make your visit to our site more enjoyable.  Your IP address (or the address of your proxy) is not at all linked to any personal identifiable information. Depending on the nature of your visit to this site, we may collect your contact information (including, for example, your email address) and, to the extent applicable, if you are making a purchase from us and/or a payment through this site, we will require you to provide us with billing and financial information (like your address, phone number and credit account or credit card number).  We may use third parties to verify and authorize credit card transactions made through this site.  The billing address and phone number you provide will generally only be used for verification purposes, while your email address may be used for multiple purposes, including, verification, log in and mailing lists. We may use your contact information to send you information about additional offers or services.  Additionally, depending on the nature of your visit, you may ask us to store information on certain listings posted on this site.   In such cases, we may share your personal and contact information with our team of agents and affiliates to more properly service you. We may use cookies to store information.  Cookies are small pieces of information that are stored by your browser on your computer's hard drive.  Cookies are text files that are commonly deposited by sites on a user’s hard drive.  The file identifies a user’s computer and can record a user’s preferences and certain other information.  Generally, cookies make it easier for you to interact with a site.  You may be able to prevent our collection of such data by setting your browser to reject cookies but blocking cookies may adversely affect your ability to interact with this site.  You may be able to find your own cookie files on your hard disk and see what information is being stored in such files and by which sites and may be able to delete information contained in such cookie files.  To find a cookie file, search for cookie.txt, cookies or MagicCookie.

Security

We use our reasonable efforts to protect the data we collect from you against unauthorized access.  When you buy a subscription and/or place orders and/or transact business and/or access your personal identifying information, we offer the use of a secure socket layer (SSL). A secure socket layer is used to assist in the encryption of information.  You may be able to discern whether your information is being transmitted via SSL by making certain that the Uniform Resource Locator (URL) is prefixed with “https” rather than “http” and that a padlock icon is displayed on the lower right corner of your browser (for transmissions via MS Internet Explorer 7.0).  If you make a payment through this site, you may be directed to a third party site for payment processing or verification; the policies of such third party site may apply to the processing of your transaction. We are not responsible for the policies of any third party sites.

Correct/Update

During the transaction process, we will endeavor to permit you to review, change, or delete the information that you have submitted.  We encourage you to update your information whenever it changes. This site gives users the following options for changing and modifying information previously provided:

We welcome your questions and comments.

Privacy Changes

Whenever we change our privacy policy, we will make reasonable commercial efforts to promptly post a notice on this site indicating that new information has been posted.  If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will take reasonable commercial efforts to promptly notify you by way of email.  To the extent practicable, we will endeavor to offer you a choice as to whether or not we use information previously collected in a different manner.  We will take reasonable commercial efforts to use information in accordance with the privacy policy under which the information was collected. Though we make every effort to preserve your privacy, we may disclose your personal information in certain instances.  We will make such disclosure when we believe, in our sole discretion, that such disclosure or other action is necessary or desirable to comply with applicable law, legal process and/or in connection with any civil or criminal investigation.  We also reserve the right to disclose your personal information to protect our rights and property, including, without limitation, in connection with any investigation by us of fraud or in the event  we believe disclosure to be necessary or desirable to otherwise protect the users of this site and others.

Last modified: May 8, 2009

Terms of Use

This statement sets forth the standard terms and conditions of your Subscription Agreement with My Fashion Database, LLC ("MyFDB") and form an integral part of the Subscription Agreement ("Terms and Conditions"). Therefore, please review these Terms and Conditions carefully and contact MyFDB promptly if you have any questions. We suggest that you retain these Terms and Conditions in your file.

Definitions

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

"Agency" means any entity and its Affiliates that represent professionals in the fashion industry, including without limitation models, photographers, stylists and makeup artists.

"Agreement" means Your Subscription Agreement with MyFDB, these Terms and Conditions, and the Terms of Use.

"Content" means photographs, images, graphics, comments, identifying information, and any other work fixed in a tangible medium of expression.

"Manufacturer" means any entity and its Affiliates that manufacture, distribute, and/or license products directed to the fashion industry, including without limitation clothing, cosmetics, and related accessories.

"Publications" means any entity and its Affiliates that publish, in print, on the Internet, or in any other media, Content that is directed to the fashion industry.

"Services" or "Site" means the site located at WWW.MYFDB.COM and all affiliated sites and all mobile versions thereof.

"Terms of Use" means the Terms of Use, Conditions and Provisions set forth on the Site, including the Privacy Policy set forth on the Site. MyFDB reserves the right, at its sole discretion, to change, modify, add, or delete portions of the Terms of Use at any time without further notice.

"User" means an individual authorized by You to use the Site or Service, for whom a subscription has been purchased, and who has been supplied an identification and password by You (or by MyFDB at Your request). Users may include but are not limited to Your employees, consultants, contractors and agents; or third parties with which You transact business.

"You" or "Your" means the company or other legal entity for which You are accepting this Agreement, Affiliates of that company or entity. Where appropriate in context, "You" and "Your" includes all Users authorized by You to use the Site or Service.

Acknowledgement by User

By entering the Site or using the Service, each User acknowledges that (i) he/she has read and understands the Agreement and agrees to be bound by the Agreement as same may be amended from time to time; (ii) he/she is over the age of eighteen (18) years; (iii) he/she shall comply with all applicable laws and regulations (including, without limitation, United States export and re-export control laws and regulations); and (iv) the disclaimer, limitation of liability and indemnification provisions set forth in the Agreement are an agreed upon allocation of risk and form an essential part of MyFDB’s agreement to permit User to use the Site or Service, without which agreement MyFDB would not enter into this Agreement or permit User to use the Site or Service. If User does not agree to be bound by this Agreement, User is directed to terminate and discontinue his/her use of the Site or Service immediately.

Manner of Conduct

By entering the Site or using the Service, each User agrees that except for the specific advertising programs offered by MyFDB on the Site and purposes which fall within the scope of User’s employment or affiliation with You, the Site is only available for the User’s personal and non-commercial use. Under no circumstances may User use any robot, spider or other automatic device or manual process to screen scrape, monitor, mime or copy any of the web pages of this site or any content hereof. You represent, warrant, covenant and agree that no materials of any kind submitted by You or through one of Your User’s account or otherwise posted, transmitted, or shared by or at the request of You or User on the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. User shall not use or distribute pirated or unauthorized content, photographs, products or information, or request that same be posted by MyFDB on the Site.

User agrees not to:

Agency Provisions

If You are an Agency, You agree that:

Manufacturer Provisions

If You are a Manufacturer, You agree that:

Publisher Provisions

If You are a Publisher, You agree that:

Governing Law; Severability

THE AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS. YOU AGREE TO BE SUBJECT TO SUCH LAWS, THAT VENUE IN ANY ACTION OR PROCEEDING COMMENCED PURSUANT TO THE AGREEMENT SHALL LIE IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, AND THAT YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS. YOU HEREBY CONSENT TO THE PERSONAL JURISDICTION OF THE FEDERAL AND STATE COURTS SITTING IN STATE OF CALIFORNIA, CITY AND COUNTY OF LOS ANGELES and waive any objection to the venue of such courts including, without limitation, forum non conveniens.

If any provision or portion thereof set forth in the Agreement is found to be unlawful, void or, for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision. Such severable provisions shall be construed as nearly as possible to reflect the intention of the Agreement.

Access and Passwords

Based on the specific list of Users that You submit to MyFDB, You will be assigned by MyFDB unique identifications for each User ("MyFDB IDs") and passwords in accordance with MyFDB’s password and MyFDB ID guidelines. YOU AGREE THAT THE USERS YOU DESIGNATE ARE THE ONLY INDIVIDUALS PERMITTED TO ACCESS THE SITE USING THE PASSWORD ASSIGNED IN RESPECT OF SUCH MyFDB ID. YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING A PASSWORD OR MyFDB ID THAT HAS NOT BEEN ASSIGNED TO THEM.

Accuracy and Availability of Information

The Site contains a database of information and other content regarding fashion and the fashion industry compiled by MyFDB. While MyFDB uses commercially reasonable efforts to provide accurate information, MyFDB gives no warranty as to the accuracy of the database and other Content on the Site. MyFDB reserves the right to withdraw or delete information or Content from the Site at any time.

Limitations on Claims

To the extent permitted by applicable law, You agree, that, regardless of any statute or law to the contrary, any claim or cause of action that You may have arising out of, in connection with, or relating to, the Agreement and Your use of the Site must be filed within one (1) year after the claim or cause of action accrued or such claim or cause of action shall forever be barred.

Indemnity

You shall indemnify, defend and hold harmless MyFDB and its Affiliates and their respective members, managers, shareholders, directors, officers, employees and agents and their respective successors and assigns from and against any and all losses, liabilities, claims, suits, damages, judgments, fines, penalties, violations, actions, causes of action, proceedings, demands, costs and expenses (including, without limitation, reasonable attorney’s fees, court costs and disbursements) (collectively, "Claims"), arising out of, resulting from, or in connection with, Your use of the Site and/or any third party sites and/or any products or services, if any, obtained from MyFDB.

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