PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. NEXCEN PROVIDES THE SERVICE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. NEXCEN MAY TERMINATE YOUR ACCESS TO THE SERVICE AT ANY TIME FOR ANY REASON, INCLUDING YOUR VIOLATING THE TERMS OF THIS TOU AGREEMENT.
All images, text, programs, and other materials and content (collectively, the "Content") found within the Service are protected by United States and international copyright laws and other laws relating to the protection of intellectual and proprietary property. Xcel owns the copyright and intellectual property rights in and to the Content. Except as expressly provided for in writing by Xcel, any commercial use of the Content is strictly prohibited without the express written consent of Xcel. You agree not to change or delete any proprietary notices from materials downloaded from the Service.
The names, logos, taglines and other marks identifying Xcel and its products and services (including Isaac Mizrahi) are proprietary marks of Xcel. All other trademarks and service marks are the property of their respective owners.
Modifications of TOU Agreement
Xcel reserves the right, at its sole discretion, to change, modify, add or remove any portion of this TOU Agreement, in whole or in part, at any time. You agree to review this TOU Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified TOU Agreement.
Discontinuance of Service
Xcel may change, suspend or discontinue any aspect of the Service at any time, including the availability of any feature, database, or Content. Xcel may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
You hereby agree to indemnify, defend and hold Xcel, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties including, without limitation, attorney’s fees and costs, in connection with any claim arising out of any violation by you of this TOU Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. Xcel reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Xcel. Each of the Indemnified Parties shall have the right to assert and enforce these provisions directly against you on its own behalf.
The Service contains links and pointers to the other World Wide Web Internet sites and resources. Links to and from the Service to other third party sites, maintained by third parties, do not constitute an endorsement by Xcel of any third party resources, or their contents. Xcel is not responsible in any way for such third party sites and related content.