FashionRiot.com Share Your Style - Stores - Designers - Street Fashion

FASHIONRIOT TERMS OF USE

Welcome to FashionRiot ’s website at http://www.fashionriot.com (the "Website").

FashionRiot ("we" or “us”) provides fashion content hosting services to users of the Website (“you”). You must read and agree to these terms of use before using the Website.

1. Introduction

1.1 By using our Website you accept these terms of use and enter into a legally binding agreement with us.

1.2 We reserve the right to vary the terms of use at any time by posting any updated terms of use on the Website. Any amendments to the terms of use shall take effect from the date of publication on the Website.

1.3 You are responsible for regularly reviewing the terms of use that are published on the Website from time to time and shall be bound by these if you continue to use the Website. If you have any questions at any time in relation to the terms of use then please contact us at feedback@fashionriot.com

1.4 If you do not accept these terms of use then you should cease to use the Website immediately.

2. Website Use and Registration

2.1 You agree to use the Website for lawful purposes and shall not act in a way that infringes the rights of, or restricts or prevents, anyone else's use and enjoyment of the Website.

2.3 The Website is aimed at users who are older than thirteen years old. If you are younger than sixteen years old then you should obtain parental or guardian consent to use the Website and should never reveal any personal information about yourself or anyone else (for example, a telephone number, home address or email address) to other users.

2.4 You shall use the Website for your own personal use only and shall not be entitled to use the Website for commercial use except as set out in these terms of use.

2.5 All users of the Website may view and download any text, photographs, images, designs and logos (“Content”) from the Website. However, in order to upload Content onto the Website, you must register as a registered user (“Registered User”) by providing us with current and accurate information about you including your current valid email address and other contact details. You must inform us promptly of any changes to this information via the Website or by contacting us at feedback@fashionriot.com We reserve the right to refuse to register a user at our sole discretion and for any reason.

2.6 Each registration is for a single user only. If you are a business then, subject to our evaluation procedure, you shall be entitled to register on the Website as a professional user (”Professional User”.) This shall entitle you to certain premium paid-for services in addition to those enjoyed by Registered Users as are introduced by us from time to time and advised to you. For the avoidance of doubt these terms of use shall apply in full to Professional Users.

2.7 On registration you shall select or be provided with your user name and password details ("User Details"). You should look after your User Details and shall be responsible for any misuse of your account if you share them with another user. If you believe that your User Details have been stolen, disclosed or are being misused by another person then please notify us immediately by emailing us at feedback@fashionriot.com

2.8 We may from time to time provide communications such as our newsletter (“Communications”) to Registered Users, who shall be entitled to receive these by signing up on the Website. If you are a Registered User and do not currently receive our Communications then you shall be entitled to receive these at any time by signing up on the Website. If you wish no longer to receive these then you should notify us by clicking on the “Unsubscribe” link contained in the relevant Communication.

2.9 For safety reasons we advise that you never reveal any personal information about yourself or anyone else (such as a telephone number, home address or email address) to other users.

3. Your Content

3.1 As a Register User you shall be entitled to upload your own Content onto the Website. You shall own and be solely responsible for any Content that you post on the Website.

3.2 You shall only submit Content which is your own original work. You shall not violate, plagiarise or infringe the rights of any third parties including but not limited to any third party's copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.

3.3 You shall not submit any illegal, obscene, offensive, pornographic, threatening, abusive or defamatory Content to the Website, nor shall you contribute any Content with the intention of committing or promoting an illegal act.

3.4 In particular and without limitation to the above, you shall not without our prior written consent:

copy any third party's designs, trademarks or other intellectual property in relation to any Content on the Website
sell or hire the Content or any part of it, including as part of any library, archive or similar service
remove the copyright or trademark notice from any Content
create a database in electronic or manual form by downloading and storing all or any of the Content.

3.5 You agree that any Content submitted by you is not confidential, and that you waive any moral rights and rights of privacy in respect of any Content in respect of which you are the subject.

3.6 By submitting your Content onto the Website, you hereby grant to us and our associates an irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable and transferable licence to use, distribute, reproduce, store, archive, publicly perform and display your Content in any media whatsoever and to use your Content for any purposes including but not limited to commercial, advertising and promotional purposes.

3.7 In addition, when you submit your Content you grant to other users of the Website an irrevocable, worldwide, royalty-free, non-exclusive licence to view and download your Content and you agree that other users may rate, review and tag your Content.

3.8 Any Content submitted by you shall be in the correct file format as advised to you on the Website and shall not contain any viruses or bugs.

3.9 You hereby warrant and represent that any Content you post on the Website:

is your original work or that you have the full consent of the relevant rights owner to make it available on the Website;
is not illegal, obscene, offensive, pornographic, threatening, abusive, racist or defamatory and has not been submitted with the intention of committing or promoting an illegal act;
does not violate, plagiarise, or infringe the rights of third parties including any third party's copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights; and
does not contain any viruses or bugs;

3.10 You also represent and warrant that:

that you have the full consent of each identifiable individual appearing in your Content to use the likeness of each such individual and to enable inclusion and use of the Content on the Website; and
you shall not post advertisements or solicitations of business on the Website unless we otherwise agree in writing

4. Our Rights and Disclaimer

4.1 We regularly update the Website and reserve the right to make any changes that we require to the Website in our sole discretion and at any time.

4.2 We shall be entitled in our absolute discretion to accept or refuse any Content submitted to the Website, to remove any Content from the Website or to change the tag applied to any Content on the Website for any reason and without prior written notice.

4.3 We do not warrant that the Website, or that any element of the Website including without limitation its contents, will meet your requirements, purpose or expectations, nor that any of the Content on the Website and/or the Communications is accurate or complete and we are under no obligation to verify any such contents.

4.4 The Website and Communications are provided “as is” without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility and security.

4.5 We do not provide any warranties in respect of the Website or the results, availability, and/or uninterrupted use of the Website.

4.6 We occasionally may have to perform necessary network maintenance and/or network upgrades during specified time periods (“Scheduled Maintenance Windows”). In the event of plans to bring down the Website during a Scheduled Maintenance Window we shall try to provide reasonable advance notice to you. However please note that, without notice and at any time, we may be required to perform emergency maintenance to preserve the integrity of the Website and we shall not be liable to you for doing so.

5. Intellectual Property

5.1 Except in respect of your Content, any patents, trade marks, service marks, registered designs, design rights, confidential information, applications for any of the foregoing, copyright, database rights, know-how, unregistered designs, trade or business names and other similar rights or obligations anywhere in the world, whether registered or not and whether capable of registration or not (“Intellectual Property Rights”) in the Website and the Communications shall be owned by us or our licensors (as applicable).

5.2 You agree that you shall not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, commercially exploit or otherwise use our intellectual property as contained in our Website and/ or our Communications.

5.3 If you reasonably consider that your Intellectual Property Rights have or are being infringed in relation to any Content on the Website or in a Communication then please notify us as soon as possible at legal@fashionriot.com, providing the following information:

a description of the work that you claim has been infringed, including the web page address or a copy of the work;
a description of the location of the Content that you claim is infringing your or the rights owner's work, such as the web page address;
a statement by you or the rights owner that: (a) you have reasonable grounds to believe that the disputed Content infringes your or his/her Intellectual Property Rights; (b) that you or he/she is the rights owner or that you are authorised to act on the rights owner's behalf and (c) that you or the rights owner are acting in good faith;
your address, telephone number, email address and your electronic or physical signature.

6. Style Credits

6.1 There is no charge for you to register as a Registered User on the Website.

6.2 If you are a Registered User then you may make a credit card or (in certain territories as advised to you) a debit card payment to purchase style credits (“Style Credits”) via the Website in relation to any Style Credits scheme that we in our sole discretion may offer to Registered Users (“Style Credits Scheme”.)

6.3 Under the Style Credits Scheme, Registered Users may have Style Credits credited to their account in one of the two following ways:

by purchasing Style Credits through making payment for these via the Website. In this case, any Style Credits purchased by Registered Users that have not been redeemed shall expire after ninety (90) days from the date on which they were purchased; or
by being credited Style Credits for loyally using the Website in accordance with these terms of use. In this case, any Style Credits that have been credited to your account and which have not been redeemed by you shall expire ninety (90) days from the date on which they were credited. You agree that Style Credits that have been credited to you for loyally using the Website shall have no cash value until they are redeemed.

6.4 A Registered User's entitlement to redeem Style Credits shall terminate or be suspended in the event that:

the Registered User's account is terminated or suspended by us, or if the account closes, terminates or expires for any other reason; or
we suspend or terminate the Style Credits Scheme. In this case we shall give to Registered Users as much prior notice as is reasonably practicable and Registered User's accounts will be accordingly suspended or terminated.

6.5 In the event that we suspend or terminate the Style Credits Scheme and a Registered User has paid for Style Credits, we then shall refund in full any sum that was paid for the Style Credits by the Registered User as at the date of such suspension or termination and such calculation and payment shall be reasonably made in our sole discretion.

6.6 In the event that we suspend or terminate the Style Credits Scheme and a Registered User has not paid for Style Credits but has been awarded these for loyally using the Services, then we shall not be obliged to make any payments to the Registered User.

6.7 Unless you are a Professional User, if you have not yet used your Style Credits, you act in accordance with these terms of use and make a payment to us for the Style Credits, then you shall have the right to apply for a refund from us within seven (7) days from the date in which you make such payment by sending a notice to us at legal@fashionriot.com.

6.8 You will be informed of the Style Credits prices of any products or services available on our Website prior to redeeming any Style Credits.

6.9 We have the right in our sole discretion and at any time to make any changes to our fees, payments, payment processing and collection methods, including but not limited to changes to our third party payment processors and currencies in which payment may be made.

6.10 6.10 You shall pay any sums due to us in the applicable currency without any set-off, deduction, counter-claim and/or any other withholding of monies. Exchange rate differences may apply to payments where applicable.

6.11 We do not provide refunds unless we consider in our sole discretion that extraordinary circumstances apply. If you believe that you have a legitimate right to any refund then you must contact us in writing at feedback@fashionriot.com giving a full explanation of your request. In the event that we issue a refund then this shall be made by crediting the credit or debit card that was used by you to make the purchase. No refunds shall be made by cash or cheque.

6.12 In the event of a charge back occurring from your credit card and being charged back to us, we shall be entitled to immediately terminate your account and in addition we may take appropriate legal action to recover any sums due including but not limited to referring any charge backs to third party debt collection agencies.

6.13 For any Style Credits or other payment enquiries, please contact our Customer Support team at feedback@fashionriot.com.

7. Limitation of Liability and Indemnity

7.1 We shall have no liability to you for any and all damages, claims, proceedings, actions, awards, expenses and costs in relation to:

your or any third party's Content, information and/or other material on the Website or in any Communication that is made available to you;
the accuracy of any advertising or sponsorship provided by third parties on the Website or in any Communication provided to you nor in respect of its compliance with any applicable laws;
any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): loss of data; loss of revenue or anticipated profits; loss of business; loss of opportunity; loss of goodwill or injury to reputation; losses suffered by third parties; or any indirect, consequential, special or exemplary damages regardless of the form of action;
any error, omission, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of communications in relation to the Website;
any delay in performance of the Website and/or any other matters to the extent that such events and/or matters are due to any events outside our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events;
certain third party websites to which the Website may contain links (“Linked Sites–). These Linked Sites are not under our control and we are not responsible for their contents, products or services. If we provide these links to you then we do so only as a convenience. The inclusion of any link does not imply endorsement or approval by us of the Linked Site or any association with its operators.

7.2 In any event, our total liability to you under and/or arising in relation to these terms of use shall not exceed the amount paid by you to us within the preceding year or the sum of GBP 100, whichever is the higher.

7.3 You shall provide to us written evidence of any claims for which it is alleged that we are liable together with written details of how any loss was caused by us and the steps you have taken to mitigate the loss (if any) before we consider your claim.

7.4 Nothing in these terms of use shall exclude or limit our liability for death or personal injury due to our negligence or any other liability which we are not permitted to exclude or limit as a matter of law.

7.5 You shall indemnify us against any and all losses, damages, awards, costs (including legal costs), claims and any other losses and/or liabilities suffered by us arising from your misuse of the Website or arising from any breach of these terms of use by you.

8. Termination

8.1 If you sign up as a Registered User then you shall be entitled to terminate your account with immediate effect at any time on the Website or by sending a notice to us at feedback@fashionriot.com.

8.2 We shall be entitled to suspend or terminate your account and accordingly your access to the Website with immediate effect in the event that:

you breach any of the provisions contained in these terms of use; or
we cease trading or for any reason cease to own or operate the Website.

8.3 In the event of termination where you have breached any of the provisions of these terms of use or where you terminate our agreement, then any payments made by you to us are non-refundable and any such termination shall not entitle you to a refund of monies paid, except where we otherwise agree in writing.

9. General

9.1 You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or your use of the Website.

9.2 We may assign or transfer ownership of and benefits of these terms of use to a third party at any time without your consent.

9.3 These terms of use contain the entire agreement between us and supersede all prior agreements, arrangements and understandings between us.

9.4 If any provision of these terms of use is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the terms of use and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

9.5 No waiver by us of any breach of the terms of use shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

9.6 The terms of use are governed by and interpreted in accordance with the laws of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.

9.7 Notices to you may be made via either email or regular first class mail. Notices to us shall be made by email to legal@fashionriot.com or by regular first class mail to our above address. Any notices sent by email shall be deemed to be received on the day they were sent. Any notices sent by regular first class mail shall be deemed to have been delivered 72 hours after posting.

9.8 Headings in these terms of use are for ease of reference only and shall not affect their interpretation.

9.9 All third party rights are excluded and no third parties shall have any right to enforce the terms of use. This shall not apply to our associates who shall have the right to enforce the terms of use as if they were us.

The Website is owned and operated by Trendstop Ltd, a company established under the laws of England and Wales, with registered number 04412983 and having its registered office at 1 Regent Street, London, SW1Y4NW, UK and principal place of business at 28-39 The Quadrant, 135 Salusbury Road, London NW6 6RJ, UK. Trendstop Ltd is registered for VAT in the United Kingdom with number 796294666.