DESSY.COM TERMS OF USE

Welcome to The Dessy Group's web site located at www.dessy.com (the "Web site"). By using the Web site you are agreeing to be bound by these Terms of Use.

Please read these Terms of Use carefully before registering or using the Web site. If you do not accept these Terms of Use, then you may not use the Web site. These Terms of Use are subject to change by The Dessy Group at any time, effective when posted on the Web site. Your continued use after such notice will constitute acceptance by you of such changes.

PERMITTED USE OF THE WEB SITE: You may use this Web site only for your personal and non-commercial purposes and subject to these Terms of Use, all applicable laws, rules and regulations. The Web site may only be used by you for commercial purposes if The Dessy Group has specifically authorized you to use the Web site for such purposes.

The Web site may provide you with the ability to embed content on other web sites. You may only use such features as permitted by the Web site. You are solely responsible for such use and activities, including but not limiting to ensuring that you have the right from such other web sites to include such content.

IMPERMISSIBLE USE OF THE WEB SITE: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store, analyze or distribute content available on the Web site. Further, you may not use any such automated means to manipulate the Web site or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Web site to any third party.

REGISTRATION: You may use the Web site without registration, but in order to take advantage of some aspects of the Web site, such as the Inspiration Board, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

USER CONTENT: The Dessy Group may permit you to upload content to use in connection with features available on the Web site ("User Content"). You hereby grant The Dessy Group a perpetual, irrevocable, royalty-free license to use, display, catalog, modify, edit, adapt, compile or otherwise exploit any User Content posted or transmitted by you to or through any service on the Web site. The Dessy Group is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with these Terms of Use. The Dessy Group will make all determinations as to what User Content is appropriate in its sole discretion. We may include, edit or remove any User Content at any time without notice.

ACCEPTABLE USE POLICY ("AUP"): You are solely responsible for the User Content that you post on the Web site or transmit to other users (including emails) and agree that you will not hold The Dessy Group responsible or liable for any User Content from other users that you access on the Web site.

You may not post any User Content unless you have the right to upload such content to the Web site. You may not post any content that is defamatory, abusive, obscene, profane or offensive; infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Web site); violates any party's right of publicity or right of privacy (such as a photo of another person without their permission); is threatening or harassing; is illegal or violates any application law, rule, regulation, agreement or obligation.

If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to The Dessy Group at abuse@dessy.com.

TERMINATION OF ACCESS: In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Web site, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

PRIVACY: The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.

LINKS: This Web site may contain links to other web sites not maintained by us. We encourage you to be aware when you leave our Web site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. Despite any links to other web sites that might exist on the Web site, we do not endorse and are not affiliated with such third parties.

PROPRIETARY RIGHTS AND DESIGNS ON THE WEB SITE: The Dessy Group or its licensors are the sole and exclusive owners, or authorized licensees, of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Web site. This includes the rights to all dresses, accessories, brand names and other products on the Web site. Some rights belong to third parties, and we reserve the right to assist such parties in enforcing and preserving their rights to their intellectual property. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials shown on the Web site without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by The Dessy Group and its licensors.

NO WARRANTIES: THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE. DUE TO TECHNICAL LIMITATIONS, COLORS AND DESIGNS MAY APPEAR DIFFERENTLY ON THE WEB SITE THAN THEY DO IN PERSON. THE WEB SITE MAY CONTAIN TYPOGRAPHICAL ERRORS AND YOU AGREE THAT THE DESSY GROUP SHALL NOT BE BOUND BY ANY SUCH ERRORS.

FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten dollars ($10).

INDEMNITY: You agree to defend, indemnify and hold harmless The Dessy Group, its officers, directors, employees, licensors, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your User Content, (iii) your use of materials or features available on the Web site (except to the extent a claim is based upon infringement of a third party right by materials created by The Dessy Group) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

GOVERNING LAW: The laws of the State of New York shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE WEB SITE.

Any claims asserted by you in connection with the Web site must be asserted in writing to The Dessy Group within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE: Materials may be made available via the Web site by third parties not within our control (such as User Content). We are under no obligation to, and do not, scan content used in connection with the Web site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Web site.

If you believe any materials on the Web site infringe a copyright, you should provide us with written notice that at a minimum contains:

• (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• (iv) Information reasonably sufficient to permit us 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;
• (v) 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
• (vi) 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.

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

SEVERABILITY: If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

WAIVER; REMEDIES: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

CONTACT INFORMATION: Should you have any questions you may contact us at support@dessy.com.

EFFECTIVE DATE: These Terms of Use were last updated on September 8, 2009