Terms of use

FASHCON WEBSITE TERMS OF USE

 

IMPORTANT, READ CAREFULLY:  YOUR USE OF FASHCON’S WEBSITE, FORUMS, AND ASSOCIATED SERVICES IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS OF USE”).

BY ACCESSING AND USING THE FASHCON WEBSITE, FORUMS, AND ASSOCIATED SERVICES, YOU ACCEPT THE TERMS OF USE, INCLUDING THAT FASHCON USES COOKIES, AND YOU ARE AGREEING TO COMPLY WITH THE FASHCON COMMUNITY REQUIREMENTS.  IF YOU DO NOT ACCEPT THE TERMS OF USE, DO NOT USE THE WEBSITE.  

LEGAL AGREEMENT.  The Terms of Use constitute a legal agreement between you and FashCon.com, LLC, (“FashCon”), a North Carolina limited liability company which is the owner, operator, and provider of the FashCon website, forums, and related services (“Services”).  Unless otherwise amended as set forth herein, the Terms of Use will be the complete and exclusive understanding and agreement between the parties governing your access to and use of the website and will supersede any oral or written proposal, agreement, or other communication between the parties, regarding your access to and use of the website.

ELIGIBILITY. By accepting the Terms of Use, you represent and warrant that you have reached the age of eighteen (18), are able to form legally binding contracts, and have the right, authority, and capacity to agree and abide by the Terms of Use.

LICENSE.  To the extent which you submit content to FashCon by email, submissions on or through use of the Services, or otherwise, you grant FashCon and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised, for any purpose and, at FashCon’s sole discretion, use the name that you submit in connection with such content.  You warrant that any content submitted by you is yours to submit whether owned or licensed by you.  You further acknowledge and agree that the submitted content is non-confidential and non-proprietary.  You grant FashCon the right to pursue at law any person or entity that violates your or FashCon’s rights in the content by a breach of these Terms.

LIMITATIONS ON USE.   You will not reproduce, resell, or distribute the website for any purpose. You will not offer or use the website on a timeshare basis, access, monitor, or copy all or any portion of this website using automated means, or use the website for the development, production, or marketing of a service or product substantially similar to the website. You shall not engage in any activity or use the website in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the website.  You shall not attempt to edit, modify, translate, decompile, disassemble, or reverse engineer any software or other coding within the Services for any reason.

REPRESENTATIONS AND WARRANTIES.  You represent, warrant, and covenant that you will not upload, post, transmit, distribute, or otherwise publish through the website any materials which restrict or inhibit any other user from using and enjoying the website; are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; violate, plagiarize, or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; contain a virus or other harmful or potentially harmful component; contain any information advertising of any kind; and/or constitute or contain false or misleading indications of origin or statements of fact.

SYSTEM REQUIREMENTS. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply) and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to use such Services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. 

REGISTRATION FOR SERVICES. You will be required to provide information about you in order to register for, obtain access to, and use certain Services offered by FashCon.  You agree that any such information shall be accurate. You will also be asked to choose a user name and password. You are entirely responsible for maintaining the security of your user name and password and agree not to disclose such to any third party. In the event that you subscribe to FashCon’s services involving subscription fees, you acknowledge and agree that you will be charged a monthly subscription fee in accordance with your subscription agreement.  Your subscription will automatically terminate should you fail to pay as required. Your subscription may be terminated for failure to comply with the terms and conditions stated herein and/or in your subscription agreement.  FashCon may terminate your subscription agreement for any reason following thirty (30) days’ notice.  You may use the FashCon Contact Us page regarding renewal and/or termination of your subscription.

CHANGES TO THE SERVICES.  FashCon reserves the right to modify, cease updating, cease operating, or cease offering the Services or any part thereof, either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, we may post on our website notice of such changes. It is your responsibility to review our website for any such notices. You agree that FashCon shall not be liable to you or any third party for any modification or cessation of the Services.

OUR TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing as part of the website and/or the Services are the property of FashCon. FashCon retains all rights with respect to any of their respective intellectual property appearing in the website. All contents of the website are: Copyright 2020 FashCon, Inc., all rights reserved.  

ALLEGED INFRINGEMENT.  FashCon respects the intellectual property of others.  In the event you feel as though any materials on the Services infringe upon your copyrights, you may file a DMCA Notice of Alleged Infringement according to the process set out in the U.S. Digital Millennium Copyright Act with our Designated Copyright Agent:

Contact Us here and register with the Copyright Office https://www.copyright.gov/dmca-directory/ 

When submitting a notice to us, please provide us with the following information offered under penalty of perjury:

  1. A physical signature of the person authorized to act on behalf of the copyright owner;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of the location of the infringement within our Services;
  4. Your address, telephone number, and email address;
  5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

THIRD PARTY WEBSITES.  The website may provide links to third-party sites that are not under the control of FashCon, and FashCon is not responsible for any content on any linked site. If you access a third-party site through the website, then you do so at your own risk. Such links are provided only as a convenience, and the inclusion of the link does not imply that FashCon endorses or accepts any responsibility for the content on those third-party sites.

DISCLAIMER OF WARRANTIES.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FASHCON DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, FASHCON MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, INCLUDING BUT NOT LIMITED TO SATISFYING REQUIREMENTS OF THE ACTIVITIES FOR WHICH YOU ARE USING THE SERVICES; (II) YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE WEBSITE OR SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FASHCON OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT FASHCON SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF FASHCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICES OR ANY PART THEREOF; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; AND (IV) ANY OTHER MATTER RELATING TO THE SERVICES.  SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.  IN SUCH CASES, FASHCON’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FASHCON AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, AND MEMBERS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED $100.

FORCE MAJEURE. In addition to any excuse provided by applicable law, FashCon shall be excused from liability related to the website arising from any event beyond FashCon’s reasonable control, whether or not foreseeable by either party, including but not limited to: war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

INDEMNIFICATION.  To the fullest extent permitted under law, you agree to indemnify, defend, and hold harmless FashCon and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the website, your violation of the Terms of Use, or the infringement or violation by you or any other user of your account of any intellectual property or other right of any person or entity. 

PRIVACY POLICY. Click here or direct your web browser to https://fashionconstellate.fashcon.com/privacy_policy  to view a copy of FashCon’s current privacy policy (the “Privacy Policy”). By accessing or using the website, you expressly consent to the use and disclosure of your personally identifiable information as described in the then current Privacy Policy. Notwithstanding anything in the Privacy Policy, FashCon, including its service partners, will have the right to collect, generate, extract, compile, synthesize, and analyze all data, information and other content resulting from or arising from your use of and access to the website. All such data, information, and other content will be solely owned by FashCon and may be used by FashCon for any lawful business purpose without a duty of accounting to you, provided that the data, information, and other content is used only in an aggregated form, without directly identifying you.

ASSIGNMENT. Neither the Terms of Use nor any of your rights or obligations hereunder may be assigned, transferred, or delegated by you in whole or in part, by operation of law or otherwise, without the prior written approval of FashCon. Any assignment, transfer, or delegation in derogation of the foregoing shall be null and void. FashCon may assign, transfer, or delegate the Terms of Use, any obligation or right hereunder, or any portion hereof at any time without notice to you.

EXPORT RESTRICTIONS. You acknowledge that the website, or portion thereof, may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the website or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation. 

DISPUTE RESOLUTION.  Any dispute arising out of or relating to these terms of use, or a breach thereof, shall be solely and exclusively determined by arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules. Any such arbitration shall take place exclusively in Buncombe County, North Carolina, and the language of the arbitration shall be English. The arbitration shall be conducted by a single arbitrator and the decision of the arbitrator shall be final, conclusive and binding on the parties.  Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.  FashCon and you shall each pay one-half of the costs and expenses of any arbitration, and the substantially non-prevailing party, as determined by outcome of the arbitration, shall be liable for both parties’ attorneys’ fees and costs.  You acknowledge that, without this provision, you would have had a right to litigate a dispute through a court before a jury or judge and that you have expressly and knowingly waived those rights, instead agreeing to resolve disputes through binding arbitration.

WAIVER. Failure by either party to exercise any of its rights under, or to enforce any provision of, the Terms of Use will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision.

AGREEMENT UPDATES.  FashCon reserves the right, at any time, to modify, alter, or update the Terms of Use without prior notice.  Modifications shall become effective immediately upon being posted on the FashCon website.  Your continued use of the website after amendments are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications.  Except as provided in this paragraph, the Terms of Use may not be amended.  The Terms of Use operate to the fullest extent permissible by law.  If any provision herein is unlawful, unenforceable, or void, that specific provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.

 

Aug142020