TERMS OF SERVICE
(These are as simple as they get.)
By publishing your designs, you ("Licensee") acknowledge your acceptance of the terms and conditions
of the following Agreement.
This Agreement is between Fun Magic Style, Inc., a Delaware corporation with offices at 175 Varick St,
New York City, New York ("Fun Magic Style"), and the Licensee accepting the terms of this Agreement.
WHEREAS, Fun Magic Style hosts interactive online designs ("Designs") on the World Wide Web and provides
designers and merchants with access to its RoomHints Software ("Software") which facilitates the
creation and maintenance of Designs (such services being referred to herein as "RoomHints Services")
for the sales of goods and services;
WHEREAS, Licensee sells goods and/or services and wishes to obtain RoomHints Services from RoomHints;
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as
RoomHints Services. Fun Magic Style shall host Licensee's Design(s) on a server controlled by Fun
Style. Licensee shall be responsible for the creation and maintenance of all content at the Design.
represents that it has full power and authority (a) to offer and sell the merchandise, information
services offered at the Design, (b) to copy and display the materials displayed at the Design and
provide for credit card payment for merchandise information or services as specified at the Design.
also represents that such offer and sale, display of materials or provision for credit card payment,
not constitute a violation of any applicable law, including without limitation export control and
laws. Licensee further represents that the content of its Design, and any domain name used in
with the Design, do not infringe the rights of any other person, including without limitation
copyright and trade secret rights. Licensee may not use pages or parts of pages generated by means
Software on any server other than the servers controlled by Fun Magic Style without Fun Magic
express written agreement. Licensee shall not attempt to gain unauthorized access to any servers
by Fun Magic Style.
Software License. Fun Magic Style hereby grants Licensee a non-exclusive, non-transferable license
the Software in object code form only on a server controlled by Fun Magic Style for the sole purpose
creating and maintaining Designs on such server. Licensee is not being granted any right to copy the
Software or to use it on computers other than a server controlled by Fun Magic Style. Licensee
that the Software is intended for access and use by means of web browsing software, and that Fun
does not commit to support any particular browsing platform. Fun Magic Style reserves the right at
to revise and modify the Software, release subsequent versions thereof and to alter features,
specifications, capabilities, functions, and other characteristics of the Software, all without
Term of Agreement. This Agreement shall expire 180 days after the Effective Date, provided that this
Agreement may be terminated by Licensee upon written notice to Fun Magic Style. Any such termination
be effective on the last day of the calendar month in which notice is given. This Agreement shall be
automatically renewed for successive six-month terms unless either party shall give notice to the
its desire to terminate the Agreement at least 10 days prior to the end of the initial or any
This Agreement may be terminated by Fun Magic Style immediately upon electronic or written notice to
Licensee in respect of any Design as to which it shall be determined by Fun Magic Style in its sole
discretion that (a) the merchandise, information or services offered by such Design constitute a
detriment to the reputation of Fun Magic Style, (b) such Design does not fill orders promptly or
customers courteously and responsively, or (c) such Design engages in unethical marketing practices,
spamming. In addition to the termination rights provided in the previous sentence, either party
the right to terminate this Agreement in the event the other party commits any other breach of this
Agreement and fails to cure such breach within 10 days of the receipt of notice of such breach.
The provisions of Section 6 (Proprietary Rights etc.) and Section 8 (Indemnification) of this
shall survive any termination of the Agreement.
Password. Licensee shall receive a password from Fun Magic Style to provide access to and use of the
Software. Licensee agrees to keep its password confidential, to allow no other person or company to
account, and to notify Fun Magic Style promptly if Licensee has any reason to believe that the
its account has been compromised.
Fees. Fun Magic Style does not currently have fees. We'd like to keep it that way.
Proprietary Rights; Confidentiality. Fun Magic Style shall retain all rights, title and interest
(including intellectual property rights) in the Software. The RoomHints name and logos, and all page
and button icons are trademarks of Fun Magic Style, Inc.
Licensee's customer lists, sales and marketing data, and information concerning Licensee's business
finances, methods of operation and other confidential information of Licensee (collectively,
Information") shall be kept confidential by Fun Magic Style and not disclosed to any person or
such information becomes publicly available, is received by Fun Magic Style from a third party or is
independently developed by Fun Magic Style. Notwithstanding the foregoing, Fun Magic Style shall
to all data stored on its servers, including order information, for statistical purposes, and may
disclose aggregate sales data, without reference to any individual Design.
Maintenance and Support. Fun Magic Style shall provide an e-mail address to Licensee whereby
obtain assistance in dealing with any operational or other difficulty that may arise in connection
Licensee's utilization of the Software. Fun Magic Style reserves the right to establish reasonable
limitations on the extent of such support, and the hours at which it is available.
Indemnification. Licensee agrees to indemnify and hold harmless Fun Magic Style against any expense,
or liability (including attorneys' fees) in respect of any claims, or threatened claims, relating to
merchandise, services and information offered by Licensee's Design(s) and relating to the
service marks, trade names and other intellectual property used in connection with such Design(s).
NO IMPLIED WARRANTIES. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS
PARTICULAR PURPOSE. NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO
IMPLY ANY WARRANTY THAT THE ONLINE STORE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE
WILL PROVIDE UNINTERRUPTED OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE
INHERENT LIMITATIONS AND THE LICENSEE MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS
LIMITATION OF FUN MAGIC STYLE'S LIABILITY. FUN MAGIC STYLE SHALL NOT BE LIABLE, UNDER ANY
OR LEGAL THEORY WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA,
OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER,
MAGIC STYLE IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM LICENSEE'S USE OR
USE THE ONLINE STORE SERVICES OR THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS,
OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE ONLINE STORE SERVICES OR THE
FUN MAGIC STYLE'S LIABILITY TO LICENSEE SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS
MADE BY LICENSEE TO FUN MAGIC STYLE OVER THE PRIOR SIX MONTHS.
Force Majeure. Neither party shall be liable to the other for any delay or failure in performance
this Agreement resulting directly or indirectly from acts of God or any causes beyond its reasonable
Assignment. This Agreement may not be assigned by Licensee.
Notices. Any notices or communications under this Agreement shall be in writing and shall be deemed
delivered upon receipt to the party to whom such communication is directed, at the address specified
if sent by (a) hand, (b) a commercial overnight carrier, (c) US mail, return receipt requested, (d)
confirmed facsimile or (e) electronically. If to Fun Magic Style, such notices shall be addressed to
address specified at the beginning of this Agreement, and if to Licensee, such notices shall be
the address specified when Licensee opens an account with Fun Magic Style, or such other address as
party may give the other by notice as provided above.
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect
the subject matter hereof and supersedes all previous proposals, both oral and written,
representations, writings and all other communications between the parties.
Applicable Law. This agreement shall be governed by the laws of New York, without giving effect to
principles governing conflicts of laws.