Acceptance of Terms
Registration and Eligibility
You hereby represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Site. The Site and Services are not available to individuals who are under the age of thirteen (13). By using the Site and/or Services you represent that you are at least thirteen (13) years of age and have not been previously suspended or removed from the Site and/or Services. FashionFit may, in its sole discretion, refuse to offer the Site to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Site is revoked where these Terms or use of the Site is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
User Content Posted on the Site
You own all of the content and information you post on FashionFit. In addition, for content that is covered by intellectual property rights (“IP Content”), including but not limited to photos, comments and reviews, you specifically give FashionFit the following permission: you grant us a perpetual, irrevocable, non-exclusive, fully paid up, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, create derivative works of, perform publicly, display publicly, distribute, publish and transmit any IP Content, including any and all publicity rights therein, in any form, medium, or technology now known or later developed ("IP License").
When you register, you will create a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify FashionFit of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FashionFit cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You may not use the Site and/or Services to transmit any content which: harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person, includes sexually explicit images or other content which is offensive or harmful to minors, includes any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful material, including but not limited to material based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation, impersonates any person or the appearance or voice of any person, utilizes a false name or identity or a name or identity that you are not entitled or authorized to use, contains any unsolicited advertising, promotional materials, or other forms of solicitation, contravenes any application law or government regulation, violates any operating rule, regulation, procedure, policy or guideline of FashionFit as published on the Site, may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, publicity right, or privacy right, or distributes software or other content in violation of any license agreement.
Your correspondence or dealings with, or participation in activities with, other users found on or through the Site and/or Service are solely between you and such user. FashionFit is not responsible for the availability, quality, or performance of goods or services promised by other users, and we do not endorse and are not responsible or liable for any content, advertising, representations, opinions, advice, services, products, or other materials that you may receive through such contacts. You should use your ordinary care and common sense when evaluating the wisdom, safety, and prudence of engaging in particular communications or other activities with site users, either through the Site or Service, elsewhere online, or offline. YOU AGREE THAT FashionFit WILL 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 OR ACTIVITIES OF SUCH USERS ON OR IN CONNECTION WITH THE SERVICE.
The Service may include links to other web sites or services solely as a convenience to Users ("Linked Sites"). FashionFit does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, FashionFit makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site and/or Service are solely between you and such advertiser. YOU AGREE THAT FashionFit WILL 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 ADVERTISERS ON OR IN CONNECTION WITH THE SERVICE.
NO Warranty and Limitation of Liability
FashionFit PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. FashionFit SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL FashionFit BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT FashionFit HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH FashionFit SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
By submitting any ideas, suggestions, comments, feedback, documents, and /or proposals (“Contributions”) to FashionFit you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) FashionFit is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) FashionFit shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) FashionFit may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of FashionFit without any obligation of FashionFit to you; and (f) you are not entitled to any compensation or reimbursement of any kind from FashionFit under any circumstances.
FashionFit, in its sole discretion, may terminate your membership to the Site and/or Services and remove and discard any information associated with the membership with or without notice. FashionFit will not be liable to you for termination of your membership to the Site or Services.
FashionFit, in its sole discretion, may delete any of the content posted to the Site and remove and discard any information associated with the content with or without notice. FashionFit will not be liable to you for deletion of the images.
FashionFit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Service (or any part thereof) with or without notice. You agree that FashionFit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Service.
FashionFit Terms of Service as noted above may be updated by us from time to time without notice to you. In addition, when using particular FashionFit owned or operated services, you and FashionFit shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site or Service, use of the Site or Service, or access to the Site or Service.
Copyright Infringement Notification
To file a copyright infringement notification with us, please send us an email containing the following requirements:
The URL of the alleged content.
Identification of the copyrighted work claimed to have been infringed, including the name of the person/company/party holding the copyright, or the name of the person/company/party that has been authorized to represent the holder of the copyright. An e-mail address, under the agreement to allow FashionFit service provider to disclose to the person who posted the work, as an efficient mode of contact between the parties toward settlement.
A statement of good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, that the claim is not deceptive or false, that the person claiming the deletion of the alleged work is the holder of the copyright, or an authorized representative with the right to act on behalf of the exclusive right.
Respecting user privacy is important to FashionFit. Read this to learn about personal information that FashionFit collects and how it may be used.
II. Links To Third Party Web Sites
Our service may contain links to other websites and software. We are not responsible for the privacy practices or the content of these websites or software. Please visit the privacy policies of these third party sites in order to understand their privacy and information collection practices.
III. Disclosures Required By Law
We reserve the right to disclose your personally identifiable information when we believe in good faith that an applicable law, regulation, or legal process requires it, or when we believe disclosure is necessary to protect or enforce our rights or the rights of another user.
IV. FashionFit Database
The e-mail address you register with FashionFit and the logs of your activity is used to calculate personalized recommendations as part of our service. We use this information in aggregate to generate statistics and other usage information. We share this information anonymously with you, other end users, and other third parties.