Welcome to Fashom ("Website" or "Mobile Application"). Fashom appreciates your visiting our us and hope that you enjoy the Fashom experience and the services provided here. As a part of partaking in the Fashom experience, you will be subject to the following Terms and Conditions ("TAC"), which may be updated by us from time to time without notice to you.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY CLICKING "I AGREE", ACCESSING, BROWSING, USING AND/OR OTHERWISE AVAILING YOURSELF OF FASHOM'S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS ANS CONDITIONS, INCLUDING THE GUIDELINES (AS DEFINED BELOW), AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TAC"). IF YOU DO NOT AGREE TO THE TAC, THEN PLEASE REFRAIN FROM THE USE OF THIS SITE OR ANY SERVICES IT PROVIDES.
2. DESCRIPTION OF SERVICE ("Services")
Fashom is as simple social networking platform . Once our couturiers have created an account, they can:
- Upload photos & short videos (of what they are wearing, or seen and dis/liked)
- Tag their photos by type of apparel, brand name and more (this increases one's chances of being found in a search, and it may be exactly what fellow couturiers were looking for!)
- Browse the shared public newsfeed and various Fashombooks to get inspired for the next big outing; comment on photos, like or dislike what one sees
- You also understand and agree that the Service may include certain communications from Withom, including but not limited to service announcements, administrative messages, and WITHOM/FASHOM newsletter and that these communications are considered part of Withom membership and you will not be able to opt out of receiving them, except by terminating your membership with Withom.
3. ELIGIBILITY AND REGISTRATION OBLIGATIONS
You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the TAC set forth in this Agreement. As a part of the registration with Fashom, you also agree to provide complete and accurate information that is required in the registration process. In the event that you do not provide complete or accurate information at anytime, Fashom has the right to withhold its Services from you and suspend or terminate your account.
5. MEMBER PERMITTED CONDUCT
The use of Website and Services is with the permission of Fashom, which may be revoked or terminated at any time, for any reason, in Fashom's sole discretion. As a member you shall be allowed to upload and share including, without limitation, text, images, audio material, video material and audio-visual material that you submit to Website ("Member Content"). Such Member Content will comply with TAC set forth herein.
Notwithstanding our rights under these TAC in relation to Member Content, Fashom does not undertake to monitor the submission of Member Content, or the publication of Member Content on Website. Fashom does not warrant the completeness or accuracy of the Member Content published on this website. Fashom shall not be liable in any way for the inaccuracy or integrity of Member Content.
The following activities are prohibited by Fashom:
- You may not use Website in any way that causes, or may cause, damage to Website or impairment of the availability or accessibility of Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software
- You must not upload, post, email, transmit or otherwise make available any Member Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- You must not upload, post, email, transmit or otherwise make available any Member Content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
- You must not upload, post, email, transmit or otherwise make available any Member Content that infringes on any third party's legal rights including but not limited to any patents, trademarks, trade secrets, copyrights or other proprietary rights;
- You must not impersonate any person or entity;
- You must not upload, post, email, transmit or otherwise make available any Member Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.
- You must not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, interfere, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (including servers or networks connected to Website) or the functionality of the Website;
- You must use any means bypass any other measures Fashom may use to prevent or restrict access to the Website;
- You must not use the Website or Service to solicit users directly for commercial purposes without prior written authorization from Fashom.
- You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Website, use of the Service, or access to the Service;
- You agree not to intentionally or unintentionally violate any applicable local, state, national or international law; and
- You agree not to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- You agree not to "stalk" or otherwise harass another;
- You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to Website or store personal data about other users or Members.
6. MEMBER CONTENT
Fashom understands and acknowledges that you have ownership of Member Content. You agree that you bear all risks and liability associated with such Member Content. Notwithstanding the foregoing, Fashom reserves right to review, edit or remove any material submitted to Website, or stored on our servers, or hosted or published upon Website.
Further, since you are the owner of Member Content, Fashom needs your consent and permission to display Member Content and any material you provide to the Website and Service. Accordingly, you grant to Fashom a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute Member Content in any existing or future medium. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights if necessary.
7. FASHOM PROPRIETARTY RIGHTS
The Website and Service contains in it materials, including software, that are protected by intellectual property rights, including copyright. Unless otherwise stated, Fashom, our licensors or advertisers own and retain all the intellectual property rights within Website and any material and content on Website. Except for that information which is Member Content, in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
8. MODIFICATIONS TO SERVICE
Fashom reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or any Services (or any part thereof) with or without notice. You agree that Fashom shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services
You hereby indemnify Fashom, its subsidiaries, affiliates, officers, agents, employees, partners, licensees and licensors and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by Fashom arising out of any breach by you of any provision of these TAC, or arising out of any claim that you have breached any provision of TAC. Fashom, nevertheless, reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims
10. DISCLAIMER OF WARRANTIES
You understand and agree that:
THIS WEBSITE IS PROVIDED ON AN "AS-IS" AND ON "AS AVAILABLE" BASIS. FASHOM DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF WEBSITE NOR IS FASHOM RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE, WHETHER CAUSED BY USERS OF THE WEBSITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE. FASHOM ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. FASHOM IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING MATERIALS FROM THE WEBSITE. UNDER NO CIRCUMSTANCES WILL FASHOM OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE, ANY MEMBER CONTENT POSTED ON WEBSITE, OR ANY INTERACTIONS BETWEEN USERS OR MEMBER OF WEBSITE, WHETHER ONLINE OR OFFLINE. ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBSITE OR FROM ANY USE OF SERVICE IS FOR ENTERAINMENT PURPOSES ONLY AND SHALL IN NO WAY CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FASHOM EXCLUDES ALL REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) AND CONDITIONS RELATING TO WEBSITE AND THE USE OF WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES IMPLIED BY LAW IN RESPECT OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND/OR THE USE OF REASONABLE CARE AND SKILL).
11. LIMITATION OF LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL FASHOM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF WEBSITE OR SERVICE, EVEN IF FASHOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FASHOM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FASHOM.
Fashom may include links to other World Wide Web sites or resources for the convenience of users. Because Fashom has no control over such sites and resources, you acknowledge and agree that Fashom is not responsible for such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Fashom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
13. DISPUTE RESOLUTION
- Other users: You alone are responsible for your interactions with other users. As such you are responsible for resolving any disputes that may arise. If you have a dispute with one or more users, you irrevocably and forever release Fashom, its officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Fashom, nevertheless, reserves the right, but has no obligation, to monitor disputes between you and other users or Members and to restrict, suspend, or close your account if Fashom determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
- With Fashom:
- Law and Forum for Disputes This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of the state of Florida regardless of your country of origin or where you access Fashom, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Fashom agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Miami, Florida, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Fashom agree to submit to the personal jurisdiction of the courts located within Miami, Florida for the purpose of litigating all such claims. Notwithstanding the above, you agree that Fashom shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- Arbitration Option. Either party shall have the option to choose Arbitration for any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
General Notices: All notices / communications shall be given to Fashom by email to email@example.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Service Notices: For purposes of service messages and notices about Service, You agree that Fashom may communicate with you through your Fashom account or through other means including email, mobile number, telephone, or delivery services including the postal service based on the contact information you provided while registering with Fashom. You acknowledge and agree that Fashom shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
15. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
- Entire Agreement: The TAC constitutes the entire agreement between you and Fashom and governs your use of the Website and Service, supersede all previous agreements in respect of your use of Website.
- Waiver: The failure of Fashom to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision
- Headers and Titles: The section titles in the TAC are for convenience only and have no legal or contractual effect.
- Assignment: You may not assign or transfer the TAC or your rights hereunder, in whole or in part, by operation of law or otherwise, without Fashom's prior written consent. Fashom may assign these Terms of Service at any time without notice.