MODE Terms of Use (“Agreement”)

 

1. This agreement (“Agreement”) sets out the terms and conditions governing the use of the on-line services (“Service” or “Services”) made available by Fashion Week Media, LLC, with offices in Bellevue, WA (“FWM”), through the web site www.modeisfashion.com (“Site”), including, but not limited to, the participation to any related forums, personal message services, chat, etc.

Please read carefully the terms of the Agreement. By using the Service You automatically accept the Agreement, reserving FWM the right to ask You to accept further terms and conditions upon registration with the Site or when using specific services.

FWM reserves any and all rights in and to the content of the Services, made available for a private domestic use only.

The Agreement may be modified and edited periodically: the date of its most updated version is indicated on top of this page. By using the Service You automatically accept the most updated version of the Agreement.

Without prejudice to what set out below with regard to specific circumstances, we inform You that we reserve the final decision to suspend or interrupt Your access to the Service, without prior notice, in case You infringe the Agreement, its single clauses or further terms of use reported on different parts of the Site, or keep conducts against our policies, without prejudice to our right to seek further remedies at law.

2. REGISTRATION

FWM will be free to make your usage of the Services subject to the prior registration with the Site, upon which You will be provided with a used id and a password.

You represent and warrant that the personal data You will insert upon request – the processing of which by FWM is governed by our Privacy Policy – will be true and correct; You further agree to keep such data updated (e.g. in case of change of address, new telephone numbers, etc.).

You agree to take the due care in keeping confidential Your user id and password, and acknowledge that is forbidden the disclosure of them to third parties and/or their use by third parties. In such cases You will be liable for any third party’s use of the Service and FWM will be entitled to suspend or interrupt Your access to the Service.

3. COMMENTS OF USERS

FWM does not endorse, support, sanction, encourage, verify nor agrees upon the opinions, statements or comments posted or uploaded on billboards, blogs, forums or, in general, on the common areas of the Service. Any information or material submitted on-line by third parties, suggestions and opinions, including possible advertising messages submitted by advertisers, represent the point of view of those who actually submitted to the Site their own opinions or that offered their own goods and services; said third parties shall be directly responsible for those contents, while FWM denies any personal evaluation or agreement upon such materials and/or information.

It is agreed that, upon notice of an alleged infringement of third parties’ rights or, anyway at its sole discretion, FWM reserves the right to remove, at any time and without previous notice, any information, data, comment, opinion, material or item that is submitted, uploaded, provided, transmitted or disseminated through the Service by its users (“Material”).

5. USE OF SERVICE BY USERS

Your right to use the Service is strictly private and You shall not authorize third parties’ access. It is agreed that You shall bear any responsibility for Your use of the Service, as well as for its use by third parties who access the Service through Your user id and password.

The registration with the Site is reserved for users of 14 or more years of age. FWM does not knowingly collect personally identifiable information from users under the age of 14. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums, chat areas, blogs, etc. and any other part of the Service; any information submitted by such users will not knowingly be used, posted, or retained by us. Teenagers older than 14 and younger than 18 will be able to register with the Site upon the prior authorization from their parents or guardians in accordance with our Privacy Policy.

By using the Service You undertake not to use obscene, indecent, or offensive language nor submit defamatory, insulting, abusive or annoying Material. Furthermore, You undertake not to submit to the Service encrypted Material, junk mail or advertising which is not authorized, as well as other Material that may threat the privacy, the name or the image of anyone, that may encourage the commission of a crime or that represents a crime, or that is anyhow infringing any applicable regulation. You therefore agree to use the Service solely for licit purposes, being aware that the infringement of such undertaking may cause Your civil and/or criminal liability.

You expressly represent and warrant that the Material submitted to the Service or any of its forum, blog, bulletin boards, including, but not limited to, text, pictures and sounds, does not infringe any copyright, trademark, know-how, name, image or other right of third parties.

The materials of the Service, the IP rights of which are held by third parties or by FWM, are solely provided for the users’ domestic private use. You undertake to respect such IP rights and, for example, not to use the materials obtained through the Service for commercial purpose, or any purpose other than the sole domestic use or those that are expressly and previously authorized by FWM. You undertake, for example, not to publish, retransmit, distribute, publicly perform or represent, reproduce or record on any kind of device said materials, without prejudice to the domestic usage permitted by US regulations concerning copyright, other applicable laws and what set forth in the Agreement.

For any information or clarification on the modalities of use of the materials of the Service, You may ask the Site staff at info@modeisfashion.com and verify its possible availability as well as the relevant terms of use.

You further undertake not to destroy, modify or interfere in any way with any software, hardware and/or server of the Service and not to disturb the use of the Service by third parties. Furthermore, You agree not to alter nor to interfere with any information or material of the Service or connected thereto.

You undertake not to access or attempt to access to FWM servers by any mean other than the ordinary connection through Your browser, including access by mean of an “administrator password” or pretending to be an “administrator”.

You represent and warrant to be aware that FWM did not and will not revise the sites linked to the Service and does not give any guarantee as to their contents; FWM shall not be liable for their contents or for the goods and services offered or marketed through them.

FWM has the right to terminate Your access to the Service at any time and without previous notice, as a consequence of an infringement of the Agreement or of the terms of use of the Service, as well as in case You infringe any law or regulation of any kind – even those the Agreement does not expressly refers to – and upon any decision by Courts.

6. USE OF MATERIALS AND INFORMATION PROVIDED BY THE USER

For any information on the processing of the personal data provided or communicated by You when using the Service, please read our Privacy Policy.

By uploading or submitting on-line Your Materials to the Site (or by sending them to FWM), You automatically agree, accept and adhere to the Creative Commons license “Attribution 2.5”, the terms and conditions of which are described on Creative Commons web-site.

You agree and acknowledge that, in accordance with said license, FWM will be free to use the Materials free of charge in perpetuity and throughout the whole world – with all rights to assign, license and sub-license said rights to third parties – upon the mere attribution of the work to the author.

7. IP RIGHTS

FWM respects the IP rights of third parties and requires the users of the Service to do the same. FWM hence reserves the right to, if and when appropriate, suspend or interrupt the access of users, subscribers, registered users and/or account holders who infringe IP rights of third parties, and the right to start legal actions against them.

In consideration of the features of the Service, FWM cannot check on all the Materials submitted on-line to the Site by users, neither before nor after their uploading.

FWM reserves the right to perform any kind of check and/or audit, also on single materials only, and denies any liability for the contents submitted to the Site by users. FWM shall promptly remove any materials from the Site in case of objections or claims raised by third parties and/or the competent authority.

Anyone who believes that his own IP rights may be or may have been infringed through the Site can contact the following e-mail address: info@modeisfashion.com

8. INDEMNIFICATION

You shall indemnify and hold harmless FWM, its affiliates, personnel, agents, directors and suppliers from and against any third party claim and the relevant damages (including legal fees) that may arise from Your access to the Service and/or from Your use of the same not in compliance with the Agreement.

9. MODIFICATIONS AND CANCELLATIONS

FWM reserves the right, but not undertake, to review, adapt, move, or remove any material, data, information, content uploaded or available within the Service, its bulletin boards or other common areas at its own discretion, even without any previous notice.

10. LIMITATION OF LIABILITY

The Service is made available “as it is”: we consequently deny any express or implicit warranty in relation to the quality or with regard to particular characteristics of the Service. Therefore, FWM shall not be held responsible in the event the Service is partially or totally unavailable, or is made available in a different manner.

FWM does not warrant continuous, uninterrupted or safe access to the Service, since the operations on the Site may be affected by many factors beyond its control. FWM therefore reserves the right to suspend the Service at any moment, as well as the right to interrupt it once and for all for any reason whatsoever.

To the maximum extent permitted by any applicable law provisions, You expressly waive any right to raise any claim, demand, question, action, request, etc. against FWM its affiliates and commercial partners, and the relevant personnel, directors, collaborators, etc. in relation to the use of the Service by Yourself or to any other act or fact connected to the Service.

Any transaction, even of a commercial nature, between Yourself and a third party, including advisers and/or other subjects You may get in contact because of or during the use of the Service, will not concern, bind or interest FWM, nor will have any legal effect beyond Your relation with such third parties, and therefore You expressly waive any right to raise any claim, demand, action, request, etc. based on such relations, against FWM and/or its affiliate and partner companies, and their personnel, directors, collaborators, etc.

11. FURTHER APPLICABLE TERMS

FWM reserves the right to provide for further terms of use from time to time and to pretend your compliance with them in connection with specific areas of the Service. Said further terms will be uploaded in the concerned areas of the Service and will be easily identifiable as such.

12. GOVERNING LAW AND JURISDICTION

The Agreement has been drawn and will be interpreted according to US laws. Any dispute arising therefrom shall be subject to the exclusive jurisdiction of the Courts of Washington State.