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.
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 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.
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.
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.
6. USE OF MATERIALS AND INFORMATION PROVIDED BY THE USER
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: firstname.lastname@example.org
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
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.