1. Access to the Tools
Subject to the terms and conditions of this Contract, Fashionblogr may offer to provide the Tools, as described more fully on the Website, and which are selected by User, solely for User’s own use, and not for the use or benefit of any third party. Tools shall include, but not be limited to, any Tools Fashionblogr performs for User, as well as the offering of any Media (as defined below) on the Website. Fashionblogr may change, suspend or discontinue the Tools at any time, including the availability of any feature, database, or Media. Fashionblogr may also impose limits on certain features and Tools or restrict User’s access to parts or all of the Tools without notice or liability. Fashionblogr reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Website and by providing notice via e-mail, where possible, or on the Website. User shall be accountable for reviewing and becoming familiar with any such modifications. Use of the Tools by User following such modification constitutes User’s acceptance of the terms and conditions of this Contract as modified.
User certifies to Fashionblogr that if User is an individual, User is at least 13 years of age. No one under the age of 13 may provide any personal information to or on Fashionblogr (including, for example, a name, address, telephone number or email address). User also certifies that it is legally permitted to use the Tools and access the Website, and takes full responsibility for the selection and use of the Tools and access of the Website. This Contract is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions. Fashionblogr makes no claim that the Website may be lawfully viewed or that Media may be downloaded outside of the United States. Access to the Media may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so at Your own risk and You are accountable for compliance with the laws of Your jurisdiction.
User shall be accountable for obtaining and maintaining any equipment or ancillary Tools needed to connect to, access the Website or otherwise use the Tools, including, without limitation, modems, hardware, Solution, and long distance or local telephone service. User shall be accountable for ensuring that such equipment or ancillary Tools are compatible with the Tools.
You agree that neither Fashionblogr nor the Website will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Website, the service, your User Media or other Media.
Fashionblogr will use reasonable efforts to ensure that the Website and Tools are available twenty-four hours a day, seven days a week. However, there will be occasions when the Website and/or Tools will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Each reasonable step will be taken by Fashionblogr to minimize such disruption where it is within Fashionblogr’s reasonable control.
Fashionblogr retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
2. Website Media
The Website and its Medias are intended solely for the use of Fashionblogr Users and may only be used in accordance with the terms of this Contract. All materials displayed or performed on the Website, including, but not limited to text, graphics, logos, tools, photographs, pictures, illustrations, Solution or source code, audio and video, animations and Fashion Themes (as defined below) are the property of Fashionblogr and/or third parties and are protected by United States and international copyright laws. The Fashionblogr API shall be used solely pursuant to the terms of the API Terms of Service. All trademarks, service marks, and trade names are proprietary to Fashionblogr and/or third parties. User shall abide by all copyright notices, information, and restrictions contained in any Media accessed through the Tools.
The Website is protected by copyright as a collective work and/or compilation, international conventions, and other copyright laws. Other than as expressly set forth in this Contract, User may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Media, Solution, materials, or Tools in whole or in part.
User may download or copy the Media, and other items displayed on the Website for download, for personal use only, provided that User maintains all copyright and other notices contained in such Media. Downloading, copying, or storing any Media for other than personal, noncommercial use is expressly prohibited without prior written permission from Fashionblogr, or from the copyright holder identified in such Media’s copyright notice. In the event You download Solution from the Website, the Solution, including any files, pictures incorporated in or generated by the Solution, and the data accompanying the Solution (collectively, the “Solution”) is licensed to You by Fashionblogr or third party licensors for Your personal, noncommercial use, and no title to the Solution shall be transferred to You. You may own the User Media on which the Solution is recorded, but Fashionblogr or third party licensors retain full and complete title to the Solution and all intellectual property rights therein.
3. User Media
the Media is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial Media designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
User shall own all User Media that User contributes to the Website, but hereby grants and agrees to grant Fashionblogr a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works and store such User Media and to allow others to do so (“Media License”) in order to provide the Tools. On termination of User’s membership to the Website and use of the Tools, Fashionblogr shall make all reasonable efforts to promptly remove from the Website and cease use of the User Media; however, User recognizes and agrees that caching of or references to the User Media may not be immediately removed. User warrants, represents and agrees User has the right to grant Fashionblogr and the Website the rights set forth above. User represents, warrants and agrees that it will not contribute any User Media that violates, violates or otherwise interferes with any copyright or trademark of another party, reveals any trade secret, unless User owns the trade secret or has the owner’s permission to post it, violates any intellectual property right of another or the privacy or publicity rights of another, is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or remains posted after User has been notified that such User Media violates any of sections to of this sentence. Fashionblogr reserves the right to remove any User Media from the Website, suspend or terminate User’s right to use the Tools at any time, or pursue any other remedy or relief available to Fashionblogr and/or the Website under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Media or if Fashionblogr is concerned that User may have breached the immediately preceding sentence), or for no reason at all.
Fashionblogr hereby grants You a non-exclusive, non-transferable, non-sublicenseable right and license to use and display Fashion Themes (including Premium Fashion Themes) on your blog on the Fashionblogr Website. Purchased Premium Fashion Themes may not be transferred between blogs or User accounts and are subject to the payment terms herein. You can customize the Fashionblogr Template Code to create your own Fashion Themes for use on your blog page. If you choose, you may also contribute Your Custom Fashion Themes to the Website for use by other users. Fashionblogr hereby grants you a non-exclusive, non-transferable, non-sublicenseable right and license to access, use, copy, modify and create derivative works of the Fashionblogr Template Code solely as necessary to create Custom Fashion Themes for use on the Website. You hereby grant and agree to grant Fashionblogr an exclusive, perpetual, sublicensable, irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Theme contributed by You to the Website, including the code and media assets therefor.
5. Registration and security
As a condition to using Tools, User will be required to register with Fashionblogr and select a password and Fashionblogr URL. User shall provide Fashionblogr with accurate, complete, and updated registration information, including User’s e-mail address. Failure to do so shall constitute a breach of this Contract, which may result in immediate termination of User’s account. User may not select or use as a Fashionblogr URL a name of another person with the intent to impersonate that person; or use as a Fashionblogr URL a name subject to any rights of a person other than User without appropriate authorization. Fashionblogr reserves the right to refuse registration of, or cancel a Fashionblogr URL in its discretion. User shall be accountable for maintaining the confidentiality of User’s Fashionblogr password. User is solely accountable for any use of or action taken under User’s password and accepts full responsibility for all activity conducted through User’s account and agrees to and hereby releases the Website and Fashionblogr from any and all liability concerning such activity. User agrees to notify Fashionblogr immediately of any actual or suspected loss, theft, or unauthorized use of User’s account or password. The Website will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
User is accountable for all of its activity in connection with the Tools and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity or any use of the Tools or Media in violation of this Contract may be grounds for termination of User’s right to Tools or to access the Website. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Fashionblogr user.
Use of the Website or Tools to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will User use the Website or the Service to send unsolicited e-mails, bulk mail, spam or other materials to users of the Website or any other individual, harass, threaten, stalk or abuse any person or party, including other users of the Website, create a false identity or to impersonate another person, or post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You.
7. Warranty disclaimer
Fashionblogr has no special relationship with or fiduciary assignment to User. User acknowledges that Fashionblogr has no control over, and no assignment to take any action regarding: which users gains access to the Website; which Media User accesses via the Website; what effects the Media may have on User; how User may interpret or use the Media; or what actions User may take as a result of having been exposed to the Media. Much of the Media of the Website is provided by and is the responsibility of the user or User who posted the Media. Fashionblogr does not monitor the Media of the Website and takes no responsibility for such Media. User releases Fashionblogr from all liability for User having acquired or not acquired Media through the Website. The Website may contain, or direct User to Websites containing, information that some people may find offensive or inappropriate. Fashionblogr makes no representations concerning any Media contained in or accessed through the Website, and Fashionblogr will not be accountable or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website.
Although Fashionblogr and the Website will make reasonable efforts to store and preserve the material residing on the Website, neither Fashionblogr nor the Website is accountable or liable in any way for the failure to store, preserve or access User Media or other materials you transmit or archive on the Website. You are strongly urged to take measures to preserve copies of any data, material, Media or information you post or upload on the Website. You are solely accountable for creating back-ups of your User Media.
The Tools, Media, Website and any Solution are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Fashionblogr makes no representations or warranties of any kind with respect to the Website, the Tools, including any representation or warranty that the use of the Website or Tools will be timely, uninterrupted or error-free or operate in combination with any other hardware, Solution, system or data, meet your requirements or expectations, be free from errors or that defects will be corrected, be free of viruses or other harmful components.
To the fullest extent allowed by law, Fashionblogr disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or Tools provided on this Website. By using this Website, you acknowledge that Fashionblogr is not accountable or liable for any harm resulting from use of the Website; downloading information contained on the Website including but not limited to downloads of Media posted by Users; unauthorized disclosure of pictures, information or data that results from the upload, download or storage of Media posted by Users; the temporary or permanent inability to access or retrieve any User Media from the Website, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.
8. Third party Website
Users of the Website may gain access from the Website to third party Websites on the Internet through hypertext or other computer links on the Website. Third party Websites are not within the supervision or control of Fashionblogr or the Website. Unless explicitly otherwise provided, neither Fashionblogr nor the Website make any representation or warranty whatsoever about any third party Website that is linked to the Website, or endorse the products or Tools offered on such Website. Fashionblogr and the Website disclaim: all responsibility and liability for Media on third party Website and any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Website or Fashionblogr with respect to such Websites and third party Media.
User will indemnify and hold Fashionblogr, its directors, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of User’s access to the Website, use of the Tools, the violation of this Contract by User, or the infringement by User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.
10. Limitation of liability
In no event shall Fashionblogr, its directors, officers, shareholders, employees or members be liable with respect to the Website or the Tools for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; damages for loss of use, profits, data, pictures, User Media or other intangibles; damages for unauthorized use, non-performance of the Website, errors or omissions; or damages related to downloading or posting Media. Fashionblogr’s and the Website’s collective liability under this Contract shall be limited to three hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to User.
Either party may terminate the Tools at any time by notifying the other party by any means. Fashionblogr may also terminate or suspend any and all Tools and access to the Website immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Contract. Upon termination of User’s account, User’s right to use the Tools, access the Website, and any Media will immediately cease. All provisions of this Contract which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Website and the Tools shall not relieve User of any obligations arising or accruing prior to such termination or limit any liability which User otherwise may have to Fashionblogr or the Website, including without limitation any indemnification obligations contained herein.
14. Copyright Policy
Fashionblogr has adopted the following policy toward copyright infringement with respect to the Website in accordance with the Digital Millennium Copyright Act, a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf.
Reporting Copyright Infringements
If You believe that Media residing or accessible on the Website violates a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
- Designation of the work or material being infringed.
- Designation of the material that is claimed to be infringing, including its location, with sufficient detail so that Fashionblogr is capable of finding and verifying its existence.
- Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- The Notifying Party’s physical or electronic signature.
- After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, Fashionblogr shall:
- Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any User to the Website.
- Fashionblogr will then immediately notify the User accountable for the allegedly infringing material (the Offending User) that it has removed or disabled access to the material.
- Fashionblogr reserves the right, at its discretion, to immediately terminate the account of any User who is the subject of repeated takedown notices.