SHEIN X TERMS OF USE

Welcome to SHEIN’s X’s website.

These terms and conditions ("Agreement" or "Terms of Use") govern your use of the [insert the name of site] website (the "Site"), any other written, electronic, and oral communications with SHEIN and its affiliated entities, or any websites, pages, features, or content owned and operated by us, including the SHEIN X Program or other similar features. You must be age 18 or older to use the Services.

1.1 Ownership. The Site is owned and operated by Roadget Business Pte. Ltd. where applicable, "SHEIN", the "Company";, "we", "us", and "our" shall refer to Roadget Business Pte. Ltd. and "you" or "your" shall refer to the user of the Services.

1.2 SHEIN X Program. The Site is intended to promote and facilitate the Company’s SHEIN X Program. The SHEIN X Program allows emerging and established designers to access the support and resources of SHEIN to develop new designs, collaborations, and expressions. Additional details about the program are included in the Designer Agreements shared with Program participants.

1.3 Updates to the Terms of Use. We reserve the right to change, modify, add or remove sections of these Terms of Use, at any time, in our sole discretion. You are responsible for checking these Terms of Use for any changes whenever you use the Services. By continuing to use or access any of the Services or otherwise engaging with SHEIN after the posting of changes, you accept and agree to any such changes.

2.1 Use of Services. Subject to the terms and conditions of this Agreement, SHEIN hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of learning about or participating in the SHEIN X Program and not for any other commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site at any time with or without cause. In addition, from time to time, we may restrict access to some or all parts of the Site.

You shall not upload to, distribute, or otherwise publish through the Site any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.

Additionally, you agree not to:

2.3 Account Creation and Termination. In order to access some features or services available on the Site, you will have to create a SHEIN X Program user account (“SHEIN X Account”), including setting up a password. You may not use another person’s account or password.

2.4 Account Credential Management. You are solely responsible for protecting the confidentiality of your SHEIN X Account and the information you hold for your account, including your password, as well as any and all activity that occurs under your SHEIN X Account. In no event shall SHEIN be liable for any loss, theft or fraudulent use of your SHEIN X Account. You agree to immediately notify us of any unauthorized use of your SHEIN X Account, password, or any other breach or threatened breach of the Site’s security.

2.5 Account Access Limitations; Termination. We reserve the right to, terminate SHEIN X Accounts in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests. You may terminate your SHEIN X Account at any time, for any reason, by following any such instructions within the Site, or by contacting us as described in the "Contact Us" section below.

2.6 Marketing and Promotional Materials. By creating a SHEIN X Account with us, you acknowledge that we may send you promotional or marketing emails or other materials from time to time. These emails and materials may relate to SHEIN X or to other SHEIN affiliated businesses and services. If you do not wish to receive those emails, follow the “opt-out instructions in either the email or materials themselves or contact us as described in the “Contact Us” section below.

SHEIN’s Privacy Policy applies to use of the Site, including your submission of personal information through the Site, and is herein incorporated by reference. To view SHEIN’s Privacy Policy, click here.

While we strive to provide accurate information on the Site, typographical errors, inaccuracies, or omissions that relate to pricing, production capacity or capabilities, product descriptions, availability, and offers may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Site is inaccurate at any time without prior notice, including after your order has been submitted. In the event we make a change to or cancel an order.

5.1 Content. The Site, including all features and materials, such as the text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided as part of the Services (collectively, "Content"), are owned, controlled, or licensed by the Company, and are protected by United States and international copyright, trademark, trade dress, patent, trade secret and other intellectual property or proprietary rights laws. You may only access the Content only as permitted under these Terms and the Privacy Policy.

5.2 SHEIN Marks. The trademarks, service marks, icons, custom graphics, word marks and logos contained on the Site ("Marks"), are owned by Company, or licensed to Company to use such marks or to sell products or services bearing such Marks. No right, title, or interest in or to any of the Marks is transferred to you and all rights not expressly granted are reserved. The Marks may not be used in connection with any product or service that is not offered by the Company in any manner that is likely to cause confusion among customers. The Marks, whether on any product or service offered for sale on the Site or appearing as a logo or text on any portion of the Site, are not a representation that Company is the owner of any copyright or other intellectual property rights in the products or services offered for sale on the Site.

5.3 Rights Reserved. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Content, software, products, or service contained on the Site without the prior written consent of the Company or the respective owners or licensors. You hereby grant to SHEIN (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable license to duplicate, use, or incorporate any questions, comments, suggestions, ideas, feedback, or other information about the Services that you provide to us. You further acknowledge and agree that all of the foregoing is not confidential and are subject to the Company’s review and monitoring.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. We reserve all rights not expressly granted in and to the Content.

5.4 Reviews, Comments and Submissions. Except as otherwise provided elsewhere in these Terms or a collateral agreement, anything that you submit or post to the Site, including, without limitation, picture, video, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions" ) is and will be treated as non-confidential and nonproprietary (unless such Submission is otherwise subject to our Privacy Policy), and by submitting or posting, you agree to irrevocably license the entry and all intellectual property ( "IP" ) rights related thereto (excluding the moral rights such as authorship right) to the Company without charge and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You hereby grant to SHEIN (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable license to duplicate, use, or incorporate all your Submissions.

You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. We assume no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend and indemnify the Company against any losses caused due to the use of the Submissions for any purposes.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on the Site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or content. We may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

Please note that individuals under the age of 18 are prohibited from posting images to our Services of themselves or others who are under the age of 18.

5.5 User Generated Content Policy. When you transmit, post, upload, share, or otherwise contribute any content, including Submissions, to our Site, including but not limited to your Submissions, such contributed content shall be considered as user-generated content (“UGC”) to extent that such content is visible to or accessible to any other Site visitors or users. By accepting these Terms, you agree not to contribute any UGC that could reasonably be considered to entail, contain, provide or promote any of the following:

You further acknowledge and agree that SHEIN, in its sole discretion, may remove, block any UGC it determines violate the above requirements. Posting UGC in violation of these Terms, may lead to the suspension or subsequent termination of all or part of our Services. By accepting these Terms, you hereby acknowledge and agree to only post UGC that is appropriate for a family audience. You further acknowledge and agree that SHEIN is not obligated to police or actively review UGC prior to its display on the SHEIN X Site, and that you are therefore solely responsible for the UGC you elect to post on the Site.

Our Site may contain links to third-party sites that are not owned or controlled by us. References on our Site to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.

We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Site interacts. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfil our obligations under the Terms despite the Force Majeure.

Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions, information and materials shown on the Services are provided "as is", with no express or implied warranties or conditions of the same, except those legally established.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

10.1 Initial Dispute Resolution. We are available by email at [email protected] to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

10.2 Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms (including their formation, performance, and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms shall be subject to the Federal Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.

You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.

10.3 Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes.

10.4 Exception - Small Claims Court Claims. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

10.5 California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

10.6 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at [email protected]. The notice must be sent within thirty (30) days of your agreement to the Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, we also will not be bound by them.

10.7 Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree that any litigation between you and us shall be filed exclusively in state or federal courts located in California (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in California for any litigation other than small claims court actions. In the event of litigation relating to the Terms or the Services, you and we agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

11.1 Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

11.2 Entire Agreement; No Waiver. These Terms, together with our Privacy Policy, and any other legal notices published on the Site, shall constitute the entire agreement between you and us concerning your use of the Site, and supersedes all prior terms, agreements, discussions, and writings regarding the Services. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

11.3 Indemnification. You agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

11.4 Interpretation. In construing or interpreting the Terms, headings are for convenience only, and not to be considered.

11.5 Applicable Law. If you are a resident of the United States, your use of our Site shall be governed by the law of the United States.

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by the Company violates your copyright, trademark, or other intellectual property rights, you are encouraged to notify us by following the procedures set forth below.

Please send an email to [email protected] with the subject "Takedown Request," and include the following:

We will evaluate all such notices and may remove the material or disable any links to the material as required or appropriate. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of the Company or others, we may, in our discretion, terminate or deny access to and use of the Services.

We welcome your questions and comments about our privacy practices or these Terms. You may contact us anytime via email at [email protected].