PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THE WEBSITE WWW.FASHIONBOSS.COM, ITS RELATED WEBSITES, LINKS, (COLLECTIVELY "SITE") AND/OR ANY SERVICES DESCRIBED BELOW ("SERVICES"). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE SITE OR SERVICES. WHEN YOU CLICK ON THE BUTTON MARKED "I ACCEPT" AND/OR USE THE SITE OR SERVICES YOU ARE INDICATING TO US YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS.
These Terms constitute the binding agreement between you and Fashionboss ("Fashionboss") (the "Agreement"). By using, registering, subscribing to, or accessing the Site or Services, you are an end user of the Site. In these Terms, "you" and "your" refer to each end user of the Site and "Fashionboss," "we," "us," and "our" refer to the owners and operators of Fashionboss.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time. If we do this, we will post the changes to these Terms on this page. Your continued use of the Site and Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these Terms or any future Terms, do not use or access (or continue to use or access) the Site or the Service.
We are very sensitive to your privacy. Please see our Privacy Notice for information and disclosures relating to the collection and use of your personal information and data in connection with your use of the Site and Service. The Privacy Notice is incorporated herein by reference.
Please see our Disclaimer Notice for information and disclosures relating to the content and services in connection with your use of the Site and Service. The Disclaimer Notice is incorporated herein by reference.
You acknowledge that you have read these Terms, that you are at least eighteen (18) years old, that your use of the Site does not violate any applicable law or regulation, and you agree without limitation or qualification to be bound by this Agreement. You further agree that your postings, submissions or uploads or any user generated content may be deleted and your account or access to the Site or Services may be terminated without notice to you if we believe you have violated these Terms.
Our purpose is to provide users with a range of educational, business and self-help content and services related to creative endeavors or the fashion industry, and facilitate connections by and between the fashion industry community. Our goal is to assist our users to become more educated, empowered, and in control when launching and operating their fashion business or career. The Site or Services may allow authorized "Registered Users" (as defined below) to use the Site’s applications and tools, read and watch content, create and edit content, download and print content, upload their own content, download or share approved content of others, as well as message, access membership directories, a virtual showroom, bulletin boards and discussion groups accessible through various URL's. The Site or Services offers features that allow users to obtain a general understanding of legal and business issues in the fashion industry; access business, legal, and other helpful information through our general forms; and access "how-to" information, and resources. Users will be able to showcase their visual works, business progress, and collections for display on the Site and on other third-party websites via export features that may include URL links, social media applications, and/or customized export tools. By placing your work and content within an exclusive database, the content may be viewable by certain registered users of the Site. You agree that your work may be distributed and presented outside of Fashionboss via features that display publicly viewable images originating on the Sites. At no time does Fashionboss review or approve user’s comments, answers, messages or requests for legal sufficiency or accuracy, nor does Fashionboss review content provided by partners or contributors for legal sufficiency or accuracy. Fashionboss does not imply or guarantee the success of or from the online tools, resources, content or services provided by and available on the Site.
To use or access certain portions of the Site and Service, you will have to create a user account ("User Account"). When you create a User Account you become a "Registered User" and you must provide complete and accurate information as requested on the registration form such as your name, age, phone number, valid e-mail address, physical address, emergency contact, billing information and other requested information ("Registration Data"). You agree to (a) provide true, accurate, current and complete information about you as may be prompted by any registration forms on the Site; (b) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (c) be fully responsible and liable for all use of your User Account. You may not transfer your User Account to another person or share it with anyone. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
By subscribing to or accessing the Services, you are representing to us that you are authorized to use the credit card or other form of payment you submit (if any). We use third parties to facilitate payment transactions and you should review such third party terms and conditions before entering into any transaction. We are not liable or responsible for such third party transactions.
In connection with the use of certain Services available on or through the Site, you may be asked to provide personal, geographical, and general business information in a questionnaire, application, form or similar document or service. Please remember, if you do not want other users to know this information do not fill out these questionnaires.
The Site may provide chat rooms, forums, message boards, blog feeds, news groups and/or other interactive tools to its users including links to third party websites, applications or third party "plug-ins". You are solely responsible for the information, data, (including personal data), opinions, descriptions, photos, videos, graphics, profiles, messages, "shouts", comments, reviews, text, location information and all other content that you upload, publish, modify, or display on or through the Site or Service, or transmit to or share with Fashionboss and other users (collectively the "User Submissions").
Fashionboss is not the publisher, speaker or author of User Submissions. Fashionboss is only a service for storage and dissemination of the ideas, content, creative types, and opinions that Fashionboss’s users may choose to post and distribute as User Submissions. Fashionboss does not regulate or make changes to the User Submissions. We do not screen User Submissions before they are transmitted, posted, or emailed, and no prior approval is required for posting. Some User Submissions are limited to Registered Users while other User Submissions may be made by the public without a User Account, including but not limited to comments or ratings.
You understand that Fashionboss does not guarantee any confidentiality with respect to any User Submissions. You acknowledge that transmissions made by means of the Site or Service are not confidential and that your communications may be read or intercepted by others.
Furthermore any communication or material that you transmit to Fashionboss by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. You acknowledge that such unsolicited communication may be used by Fashionboss or its affiliates for any purpose, including, but not limited to, improve or produce content, services or other actions using such information. Fashionboss may monitor your use of the Site, and may freely use and disclose any information and materials received from you or collected through your use of Site for any lawful reason or purpose as specifically described in the Privacy Notice.
You are solely responsible for any User Submissions that you post or transmit using the Site or Service. In posting content as User Submissions, you authorize other Registered Users who have access to that Service to make customary and intended use of the content, including creating links, reposting or disseminating, but not to otherwise reproduce.
You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Fashionboss to use all patent, trademark, trade secret, copyright or other intellectual or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and Service and these Terms; and (ii) you have the necessary written consent, release, and/or permission of each and every identifiable individual person, entity, or brand in the User Submission to use the name or likeness of each and every such identifiable individual person, entity or brand to enable inclusion and use of the User Submissions.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Fashionboss, you hereby grant Fashionboss a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, copy, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Service and Fashionboss’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. The foregoing license granted by you terminates once you remove or delete a User Submission from the Site.
TO BE CLEAR, YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF RELEVANT LAWS AND FOR ANY INFRINGEMENTS OF THIRD PARTY RIGHTS CAUSED BY ANY USER SUBMISSIONS OR OTHER CONTENT YOU PROVIDE OR TRANSMIT OR THAT OCCURS IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE. YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, FASHIONBOSS, IT'S OWNERS, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS ALLEGING VIOLATION OF ANY LAWS OR RIGHTS ASSOCIATED WITH YOUR USE OF THE SITE, CONTENT AND/OR SERVICES.
Your use of the Site and Service is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Fashionboss all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Fashionboss or any third party; (iii) upload, post, e-mail, post links to or submit material that is harmful, abusive, tortious, vulgar, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially, sexually or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business other than advertisements or solicitations of business reasonably necessary to use the Site in accordance with these Terms; (v) impersonate another person; (vi) facilitate the transmission of "junk mail," "chain letters," "pyramid schemes," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; (vii) upload, post, email, otherwise transmit, or post links to any material that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age; (viii) harm minors in any other way; (ix) make any sexual request on behalf of a minor or make any sexual request of a minor; (x) "stalk" or otherwise harass another user; collect or store personally identifying information about other users for unlawful purposes; (xi) impersonate any person or entity, including, but not limited to, Fashionboss’s official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity; (xii) upload, post, email, otherwise transmit, or post links to any material that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xiii) upload, post, email, or otherwise transmit, or post links to any material that facilitates hacking; (xiv) upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site; (xv) use automated means, including spiders, robots, crawlers, or the like to download data from any Fashionboss database; (xvi) harvest, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any User Submissions from any Fashionboss database, including, without limitation, by incorporating data from any Fashionboss database into any e-mail or "white pages" products or services, whether browser-based, based on proprietary client-website applications, web-based, or otherwise; (xvii) sell, distribute, or make any commercial use of data obtained from any Fashionboss database or make any other use of data from any Fashionboss database in a manner which could be expected to offend the person for whom the data is relevant; (xviii) create and maintain a Fashionboss User Account that contains hyperlinks to content not permitted on the Site; (xix) disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (xx) interfere with or disrupt the Site, servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (xxi) access the Site after your User Account or access has been terminated by Fashionboss; or (xxii) upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to the Fashionboss community or the spirit of these Terms.
You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Fashionboss is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fashionboss with respect thereto, and agree to indemnify and hold Fashionboss, its owners/operators, directors, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site and Service.
If we determine in our sole discretion that any User Submission is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or any applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the User Submissions; (b) revoke the applicable user's right to use the Site and Service; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating the applicable user's User Account. Please note if we delete any information provided by you, it is deleted in a manner similar to emptying a recycle bin on a computer and you acknowledge that any removed information or content may persist in backup copies or may be imbedded in the Site as aggregate data.
The Service has three types of "Account Level" subscriptions available on the Site. Each Account Level has its own fee structure and set of features as defined on the Site. Fashionboss reserves the right to add, delete and/or modify the functionality and features of all Account Levels from time to time.
Each Account Level has three "Billing Periods" available on the Site, including "Monthly," "Quarterly," and "Yearly" Billing Periods. Fashionboss reserves the right to offer discounts relating to certain Billing Periods and Fashionboss reserves the right to add, delete, and/or modify these discounts.
If you wish, at any time, to upgrade or downgrade your Account Level, you will have to place a new order and pay for your new Account Level on a pro-rated basis for the remaining days in the current Billing Period. Any remaining time you may have on your current Account Level for the current Billing Period will be deducted from your bill on a pro-rated basis.
In order to downgrade your Account Level, you must first adjust your User Submissions to the quotas currently supported by the Account Level to which you are downgrading.
We will not increase your cost for using the Service during any existing Billing Period. You are responsible for all activities and charges resulting from the use of our Site and Service. You agree to pay all membership fees, subscription fees, al la carte fees, and/or any other costs, as well as any taxes owed in connection with any service or good. Whenever an amount is paid in advance to us, we will not be required to return that advance for any reason. Our Account Level fees are non-refundable except as provided for below. In the event you fail to make payment, your account access will be denied until you pay all due and outstanding payments. You shall also be liable for all attorney and collection fees arising from our efforts to collect any unpaid balance of your account.
By subscribing to any Account Level you are expressly agreeing that we or our third party billing providers are permitted to bill you the appropriate subscription fee for the applicable Billing Period. As used in these Terms, "Billing" shall indicate either a charge or debit, as applicable, against your credit or debit card ("Payment Method"), including a checking account, where applicable. The reoccurring fees will be billed at the beginning of your Billing Period and on each renewal of your Billing Period thereafter unless and until you terminate or cancel your User Account. We will automatically bill your selected Payment Method in accordance with your Billing Period. All fees and charges are nonrefundable and there are no refunds for partially used Billing Periods. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Billing" section of the "Dashboard" menu. If your Payment Method reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Fashionboss may at any time offer a free promotional trial period for any or all Account Levels. At the time you initially sign up for a trial period Fashionboss may make a small authorization charge to your Payment Method to establish its validity. Fashionboss will charge your Payment Method at the end of the trial period unless you log into your account to terminate or cancel your User Account before the end of your trial period. You agree that Fashionboss will bill your Payment Method upon the completion of your trial period regardless of whether you successively logged into your User Account, uploaded User Submissions, or otherwise interacted with the Site or Service for its intended purpose.
Your subscription will be automatically renewed at the end of each Billing Period, unless you cancel your User Account, or we terminate it prior to the commencement of the next Billing Period. We will bill your subscription fee to the Payment Method currently associated with your User Account.
We may restrict, suspend or terminate your membership or any of your rights under these Terms, in whole or in part, at any time without notice, for, including but not limited to, your failure to pay your subscription fees within three (3) days of the applicable Billing Period, or for any other breach of these Terms. If we terminate your account access or subscription, we reserve the right to deny you access to the Site and Service in whole or in part, including, without limitation, removing your User Account from our server, and to refuse to provide the Service to you following such termination.
You may cancel your User Account or subscription at any time, and cancellation will be effective immediately. We do not provide refunds for time remaining in a pre-paid Billing Period for any cancellations. Cancel your account by clicking on the "Delete Account" sub-tab of the "Settings" tab within your "Dashboard. Fashionboss does not accept cancellation requests via phone, email, or any method other than logging into your User Account to cancel your service. Upon cancellation, any and all User Submissions will be deleted immediately. Fashionboss reserves the right to keep certain minimal information relating to the existence of your account for our own internal record keeping, such as, but not limited to, your name, email address, and payment history.
If you have completed at least one Billing Period on Fashionboss, you may choose to pause your subscription for up to one year rather than canceling your User Account. By using this option, all payments will be suspended. Your portfolio or other content from your User Submissions will no longer be available through the Service, but we will keep your User Submissions for up to one year. To temporarily pause your User Account, click on the "Cancel Account" sub-tab of the "Settings" tab within your "Controls" and select the "Temporarily Pause My Account" feature.
All content on the Site and Service, including but not limited to the Service Materials (defined herein), visual interface, interactive features, computer codes, products, software, aggregate user review ratings, designs, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Site and all elements and components of the Service, and their selection and arrangement, and the trademarks, service marks and logos contained therein (individually and collectively "Site Content"), excluding any of your User Submissions, is our intellectual property, or our licensors’ with all rights reserved.
Fashionboss hereby grants registered and authorized users a non-exclusive, non-transferable, limited right to access, use, download, and print certain Site Content and other materials provided through the Service, including but not limited to forms, checklists, articles and/or written content provided by Fashionboss ("Service Materials") to any single, stand-alone computer or mobile device of which you are the primary user, solely for your personal, informational, and internal business use, provided that you do not (i) remove or alter any copyright or trademark notices from the Service Materials, (ii) copy, use or sell the Site Content or Service Materials on any other website, electronic format, print, audio, or any other medium, or (iii) modify the Site Content or Service Materials in any way. This permission terminates automatically without notice if you breach any of these Terms. On any such termination, you agree to immediately destroy any downloaded or printed Site Content, and refrain from any further use of the Site Content or Service Materials. Any unauthorized use of any Service Materials contained on the Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause. You may not sell, copy, or redistribute the Site Content or forms without the express written consent of Fashionboss.
We respect the intellectual property of others, and we ask you to do the same. It is important (and a condition of these Terms) that you only send us data and information or post User Submissions or other content that you own and/or control -- and not content owned and/or controlled by others.
You are fully responsible for your User Submissions. In other words, if you send us content you do not own or otherwise do not have the right to submit, you are responsible for any liability or obligation that may arise from such use.
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to our Copyright Page to review our DMCA notification guidelines. We reserve the right to terminate any user’s User Account without notice if that user is determined to be a "repeat infringer" of other’s intellectual property. A repeat infringer is a user who has been notified of infringing activity at least once and/or has had a User Submission removed from the Site at least once.
Fashionboss reserves the right to remove content and User Submissions without prior notice. Fashionboss has the right, in our sole and absolute discretion to (i) remove, delete or otherwise block any User Submission in whole or in part, (ii) re-categorize any User Submission to place it in a more appropriate location, or (iii) pre-screen or delete any User Submission that is determined to be inappropriate, in violation of these Terms, including but not limited to User Submissions containing offensive language, obscenity, advertisements, or otherwise in conflict with the intended purpose or style of the Site.
As stated throughout these Terms, the opinions, advice, guides, information, statements or other comments posted on the Site should not necessarily be relied upon and are not to be construed as professional or legal advice from Fashionboss. Fashionboss does not guarantee the accuracy or completeness of any of the information provided, and we are not responsible for any loss resulting from your reliance on such information.
Fashionboss is not a law firm nor does this Site provide legal advice. Any legal information contained on the Site or obtained through the Service is not legal advice and is not guaranteed to be correct, complete or up-to-date. The information contained on or through the Site and Service is general legal information and should not be construed as legal advice to be applied to any specific factual situation. Because the materials included are general and because the law differs in each legal jurisdiction, the user should not act or rely upon this information or resources without first seeking professional legal advice with respect to the user’s specific situation and location. Publication of information about the law and business, including self-help legal books, forms with instructions and do- it-yourself guides do not constitute the practice of law and your use of the Site and Service does not create an attorney-client relationship. While Fashionboss strives to keep its content accurate, current and up-to-date, Fashionboss cannot guarantee that all of the information or content on the Site is completely current or applicable to your circumstances or your jurisdiction.
From time to time, the Service may offer information for users to access attorney services and introduce users to attorneys through various methods, including but not limited to (i) legal mentoring, (ii) third party attorney directory listings, (iii) third party attorney referral services, and/or (iv) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with Fashionboss through the performance of any such Services.
PLEASE BE AWARE THAT THE SITE AND SERVICE ARE NOT OFFERING LEGAL ADVICE OR LEGAL SERVICES AND THE USE OF THE SITE IS NOT A SUBSTITUTE FOR A QUALIFIED ATTORNEY.
Fashionboss is a subscription and membership website for creative entrepreneurs, and we reserve the right to accept or deny any and all user applications for accounts of all types. You acknowledge the sole right of Fashionboss to reject or remove User Accounts that do not, in the sole opinion of Fashionboss, reflect the type of account, content, style and professionalism it seeks to present. You also acknowledge the right of the Fashionboss’s editorial staff to evaluate and rank its subscribers, creatives, and images as it deems appropriate. As a result of its editorial activities, some users of the Site may achieve greater or lesser exposure, and by using the Site and Service, you acknowledge the possibility of this outcome. Fashionboss reserves the right to refuse service to anyone and to cancel user access at any time.
If you believe that any content on the Site is infringing on your copyright, you may seek the removal of such content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at legal@FashionBoss.com as described herein.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of Fashionboss, third party licensors and users of the Service. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Fashionboss, the user or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other Site Content or third party content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that Fashionboss will aggressively enforce all intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
FASHIONBOSS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERIVCE, INCLUDING ANY CONTENT, SERVICES, AND INFORMATION CONTAINED WITHIN IT, AND YOUR USE THEREOF, AND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF THE CONTENT OR SERVICES PROVIDED BY FASHIONBOSS, OR THE CONTENT SUPPLIED BY ITS PARTNERS OR ANY WEBSITES LINKED TO THIS SITE (INCLUDING, THIRD PARTY FINANCIAL PROCESSING COMPANIES). EVERYTHING ON OR RELATED TO THIS SITE AND SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. FOR EXAMPLE, WE MAKE NO WARRANTY THAT: (A) THE SITE, SERVICE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICE OR ANY CONTENT, SERVICES, OR INFORMATION CONNECTED WITH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, CONTENT, SERVICE, AND WEBSITE-RELATED SERVICES. FASHIONBOSS DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SITE CONTENT OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, FASHIONBOSS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SPONSORS AND AGENTS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SERVICES AND/OR CONTENT, OR INFORMATION CONTAINED WITHIN OR PROVIDED BY THE AFOREMENTIONED, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF ADVISED OF SUCH POSSIBILITY OF DAMAGES, INCLUDING BUT NOT LIMITED TO ANY: (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES IN CONTENT, SERVICES OR THE SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, SERVICES AND/OR CONTENT; (III) THEFT, DELETION, ALTERATION OF, UNAUTHORIZED ACCESS TO, OR USE OF OUR SITE, SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. IF ANY; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; AND (V) FOR ANY LOSS OF DATA OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR SERVICE POSTED, UPLOADED, EMAILED, TRANSMITTED, DOWNLOADED FROM, USED, RELIED UPON, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, CONTENT AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THE SERVICE. IF, NOTWITHSTANDING THE PRECEDING SENTENCE, LIABILITY IS IMPOSED, THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR SUCH INFORMATION, CONTENT OR SERVICES CONNECTED WITH THE SITE. NOTWITHSTANDING THE AFOREMENTIONED, IN ALL EVENTS OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SITE FOR THE ONE MONTH PERIOD ENDING ON THE DATE A CLAIM IS MADE, AND YOU HEREBY RELEASE FASHIONBOSS AND ITS DIRECTORS, OWNERS, EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
WE ARE NOT RESPONSIBLE FOR ANY USER’S OR THIRD PARTY’S CONTENT, CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER AND DO NOT WARRANT, ENDORSE, IMPLY APPROVAL, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT OR SERVICE ADVERTISED, OR OFFERED BY A THIRD PARTY OR PARTNER THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR MOBILE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
We have the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Site and Service, including but not limited to, hours of availability, equipment needed for access or use, or the availability of the Service on any particular device or communications service. We have no obligation to provide you with notice of any such changes, and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Service or Site.
The Site and Service may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, mobile applications, "plug-ins", offers and other content or items belonging to or originating from third parties ("Third Party Applications or Content"). Such Third Party Sites and Third Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications or Content, you do so at your own risk and you should be aware that our Terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site. In addition, Fashionboss assumes no responsibility for any data, including credit card information, collected by any Third Party Website, or Third Party Applications or Content, including but not limited to any company Fashionboss may use to process financial transactions in connection with your subscription.
FASHIONBOSS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND OTHER USERS, OR BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO THIRD PARTY SITES AND THIRD PARTY APPLICATIONS OR CONTENT AS DESCRIBED ABOVE. AS WITH THE PURCHASE OF CONTENT OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD ALWAYS USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Your participation in, correspondence or business dealings with users or third parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such user or third party. You agree that Fashionboss shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users or third parties on the Site.
You are solely responsible for your interactions with other subscribers or users. If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, our staff will not take a role in mediating conflicts between you and other users. If there is a copyright dispute, then please follow our instructions on our Copyright Page. Fashionboss does not take responsibility for your behavior or that of other users. Fashionboss does not participate or mediate in any way the sale of any goods or services on behalf of any Fashionboss subscriber.
You agree to defend, indemnify and hold harmless Fashionboss, its parent corporations, officers, directors, employees, affiliates, 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) your use of, purchase of and/or access to the Site, Site Content or Services; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; and/or (iv) any claim that your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of Site.
Fashionboss may give notice to users by means of a general notice on this Site upon posting, electronic mail to a user's e-mail address on its records. Our agent for notice of claims intellectual property infringement can be reached as follows: By email: legal@Fashionboss.com.
Although Fashionboss cannot make an absolute guarantee of system security, Fashionboss takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email at support@Fashionboss.com for help. If Fashionboss’s technical staff finds that files or processes belonging to a user pose a threat to the proper technical operation of the system or to the security of other users, we reserve the right to delete those files or to stop those processes. If Fashionboss’s technical staff suspects a User Account is being used by someone who is not authorized by the proper user, or pursuant to Fashionboss’s terms of use, Fashionboss may disable that user's access in order to preserve system security. In all such cases, Fashionboss will notify the user as soon as feasible.
You must be 18 years of age or older to become a subscriber and member of the Site and Services. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member or subscriber. While individuals under the age of 18 may utilize the certain portions of the Site and Services, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms. The Site and Services are not intended to be used or directed to children.
The Site and Service are operated from the United States. We do not represent or warrant that the Site or Service or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site and Service you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations.
IF YOU ARE A USER ACCESSING THE SITE OR SERVICE FROM THE EUROPEAN UNION, ASIA, OR ANY OTHER REGION WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE, AND DISCLOSURE THAT DIFFER FROM UNITED STATES LAWS, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SERVICES, WHICH ARE GOVERNED BY UNITED STATES LAW, OUR PRIVACY POLICY, AND THESE TERMS, YOU ARE TRANSMITTING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.
Fashionboss shall be not held liable for any delay or failure in performance of any part of these Terms from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slow downs over the internet or any third party internet service providers.
You and Fashionboss agree that any dispute, claim or controversy arising out of or relating in any way to these Terms, the Site,or Service shall be determined by binding arbitration in New York County, New York, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Fashionboss are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Fashionboss subscription.
YOU AND FASHIONBOSS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FashionBoss agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. These Terms expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site. The ownership and proprietary rights provisions set forth in these Terms, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of your subscription account or membership and any obligations hereunder for any reason. The unenforceability, illegality or invalidity of any term, provision, section, or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections, or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto. The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of these Terms or this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms sets forth the entire understanding and agreement between us with respect to the subject matter hereof. YOU AND FASHIONBOSS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, WHETHER OR NOT YOU KNOW OR SHOULD KNOW OF SUCH CAUSE OF ACTION AT THE TIME IT ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
BY USING OR ACCESSING FASHIONBOSS’S SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
If you have any questions about these Terms, the practices of the Site, or your dealings with the Site, you can contact us at support@Fashionboss.com.
Copyright © 2012-2014, Fashionboss LLC, All Site design, images, text, graphics, all page headers, custom graphics, button icons and the selection and arrangement thereof, are also trademarks and/or tradedress of Fashionboss LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. ALL RIGHTS RESERVED.
