These Terms of Service (“Terms”) govern your access to and use of the services and Fashion Rock’s websites (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (go to your account settings page to control who sees your Content). You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Fashion Rocks and are not a person barred from receiving services under the laws of the United States, United Kingdom or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Fashion Rocks provide are always evolving and the form and nature of the Services that Fashion Rocks provide may change from time to time without prior notice to you. In addition, Fashion Rocks may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Fashion Rocks also retains the right to create limits on use and storage at it’s sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Fashion Rocks on the Services are subject to change. In consideration for Fashion Rocks granting you access to and use of the Services, you agree that Fashion Rocks and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. Fashion Rocks encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Fashion Rocks cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
CONTENT ON THE SERVICES
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Fashion Rocks may not monitor or control the Content posted via the Services and, it cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
Fashion Rocks do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Fashion Rocks be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Fashion Rocks a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Fashion Rocks to make such Content available to other companies, organizations or individuals who partner with Fashion Rocks for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Fashion Rocks, or other companies, organizations or individuals who partner with Fashion Rocks, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
Fashion Rocks may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and Fashion Rocks’s third party partners. You understand that your Content may be rebroadcasted by Fashion Rocks’s partners and if you do not have the right to submit Content for such use, it may subject you to liability. Fashion Rocks will not be responsible or liable for any use of your Content by Fashion Rocks in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Fashion Rocks gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Fashion Rocks as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Fashion Rocks, in the manner permitted by these Terms.
FASHION ROCKS RIGHTS
All right, title, and interest in and to the Services (excluding content pulled through from third-party sites) are and will remain the exclusive property of Fashion Rocks and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Fashion Rocks name or any of the Fashion Rocks trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Fashion Rocks, or the Services is entirely voluntary and Fashion Rocks will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
THE SERVICES ARE AVAILABLE “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Fashion Rocks AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Fashion Rocks makes no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Fashion Rocks will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Fashion Rocks has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Fashion Rocks makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Fashion Rocks or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Fashion Rocks is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Fashion Rocks of such websites or resources or the content, products, or services available from such websites or resources. Fashion Rocks makes no guarantee of accuracy regarding product data displayed on it’s web and mobile platforms or its emails. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FASHION ROCKS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FASHION ROCKS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
WAIVER AND SEVERABILITY
The failure of Fashion Rocks to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
CONTROLLING LAW AND JURISDICTION
These Terms and any action related thereto will be governed by the laws of England and Wales without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in England and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Fashion Rocks may revise these Terms from time to time, the most current version will always be at Fashion Rocks.com/terms. If the revision, in Fashion Rocks’s sole discretion, is material Fashion Rocks will notify you via an e-mail to the email associated with your account. By continuing to access or the Services after those revisions become effective, you agree to be bound by the revised Terms.