Fashionspyder.com is a business directory and networking service for the fashion industry provided by FASHION SPYDER S.R.L . The services offered by Fashionspyder.com include the Fashionspyder.com website (the "FASHION SPYDER Website"), the Fashionspyder.com internet messaging service, and any other features, content, or applications offered from time to time by Fashionspyder.com in connection with the FASHION SPYDER Website (collectively, the " FASHION SPYDER Services").
Fashionspyder.com may modify this Agreement from time to time and such modification shall be effective upon posting by Fashionspyder.com on the Website. If you do not agree with such modification you have the right to terminate your membership with FASHION SPYDER. You agree to be bound to any changes to this Agreement when you use the FASHION SPYDER Services after the modification has been posted for at least one month. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Fashionspyder.com and that you provide to other Users. Your Fashionspyder.com profile may not include the following items: photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Fashionspyder.com Members (for instance, in their Look book) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Fashionspyder.com assumes no responsibility or liability for this material. If you become aware of misuse of the FASHION SPYDER Services by any person, please contact FASHION SPYDER.
Use of and Membership in the FASHION SPYDER Services is void where prohibited. By using the FASHION SPYDER Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the FASHION SPYDER Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
- TERM AND TERMINATION
- This Agreement shall remain in full force and effect while you use the FASHION SPYDER Services or are a Member.
- You may terminate your Membership at any time, for any reason, by contacting our support team and asking for deletion of your account. Fashionspyder.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
Fashionspyder.com reserves the right to alter, to depart from or to cease offering its services free of charge at any time, taking into account Fashionspyder.com's legitimate interests and reasonable consumer expectations. Fashionspyder.com will inform Members by email if a service is to be offered in the future for a fee. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification for at least one month will be considered acceptance of the proposed fee modification. The same applies if fees are raised by Fashionspyder.com. If Fashionspyder.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Fashionspyder.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- NON-COMMERCIAL USE BY MEMBERS
The FASHION SPYDER Services are for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Fashionspyder.com. Illegal and/or unauthorized use of the FASHION SPYDER Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the FASHION SPYDER Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the FASHION SPYDER Services.
- PROPRIETARY RIGHTS IN CONTENT ON Fashionspyder.com
- Fashionspyder.com does not claim any ownership rights in the text, files, images, photos, video, works of authorship, or any other materials (collectively "Content") that you post to the FASHION SPYDER Services. After posting your Content to the FASHION SPYDER Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the FASHION SPYDER Services, you hereby grant to Fashionspyder.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the FASHION SPYDER Services. Without this license, Fashionspyder.com would be unable to provide the FASHION SPYDER Services. For example, without the right to modify Member Content, Fashionspyder.com would not be able to digitally compress files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Fashionspyder.com could not allow Users to access files posted by Members. The license you grant to Fashionspyder.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Fashionspyder.com), fully-paid and royalty-free (meaning that Fashionspyder.com is not required to pay you for the use on the FASHION SPYDER Services of the Content that you post), sub licensable (so that Fashionspyder.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the FASHION SPYDER Services), and worldwide (because the Internet and the FASHION SPYDER Services are global in reach). This license will terminate at the time you remove your Content from the FASHION SPYDER Services. The license does not grant Fashionspyder.com the right to sell your Content, nor does the license grant Fashionspyder.com the right to distribute your Content outside of the FASHION SPYDER Services.
- You represent and warrant that: (i) you own the Content posted by you, you created the garment shown in your showcase by yourself or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the FASHION SPYDER Services does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the FASHION SPYDER Services.
- The FASHION SPYDER Services contain Content of Fashionspyder.com ("Fashionspyder.com Content"). Fashionspyder.com Content is protected by copyright and Fashionspyder.com owns and retains all rights in the Fashionspyder.com Content and the FASHION SPYDER Services. All images, graphics, text, design elements and all other content represented on this website are copyrighted and are the sole property of FASHION SPYDER. All use and/or publication rights are reserved worldwide. No images or other content on this website may be copied, stored, manipulated, published, sold or reproduced in whole or in part in any form without the prior written authorisation of an authorised representative of FASHION SPYDER. Fashionspyder.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Fashionspyder.com Content (excluding any software code) solely for your personal use in connection with viewing the FASHION SPYDER Website and using the FASHION SPYDER Services.
- The FASHION SPYDER Services contain Content of Users and other Fashionspyder.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the FASHION SPYDER Services.
- CONTENT POSTED
- Fashionspyder.com may delete any Content that in the sole judgment of Fashionspyder.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Fashionspyder.com assumes no responsibility for monitoring the FASHION SPYDER Services for inappropriate Content or conduct. If at any time Fashionspyder.com chooses, in its sole discretion, to monitor the FASHION SPYDER Services, Fashionspyder.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the FASHION SPYDER Services, and any material or information that you transmit to other Members and for your interactions with other Users. Fashionspyder.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Fashionspyder.com prior to posting and does not necessarily reflect the opinions or policies of Fashionspyder.com. Fashionspyder.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- PROHIBITED CONTENT/ACTIVITY
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the FASHION SPYDER Services. Fashionspyder.com reserves the right to investigate and take appropriate legal action against anyone who, in Fashionspyder.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the FASHION SPYDER Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Fashionspyder.com:
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as showing garments and items, providing images or videos not belonging to you;
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent;
The following is a partial list of the kind of activity that is illegal or prohibited on the FASHION SPYDER Website and through your use of the FASHION SPYDER Services. Fashionspyder.com reserves the right to investigate and take appropriate legal action against anyone who, in Fashionspyder.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the FASHION SPYDER Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the FASHION SPYDER Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Fashionspyder.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Fashionspyder.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the FASHION SPYDER Services, you acknowledge that you will have caused substantial harm to Fashionspyder.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Fashionspyder.com £100.- for each such unsolicited email, advertisement, junk emails or chain letters or other unsolicited communication you send, acting culpably, through the FASHION SPYDER Services, regardless of the number of recipients of such email. Fashionspyder.com is entitled to additional compensation of damages beyond £100.-. You have the right to prove that Fashionspyder.com's damages are below £100.-;
- covering or obscuring the banner advertisements on your personal profile page, or any Fashionspyder.com page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the FASHION SPYDER Services or the networks or services connected to the FASHION SPYDER Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the FASHION SPYDER Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the FASHION SPYDER Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
- using the FASHION SPYDER Services in a manner inconsistent with any and all applicable laws and regulations.
- COPYRIGHT POLICY
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Fashionspyder.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Fashionspyder.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the FASHION SPYDER Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the FASHION SPYDER Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- MEMBER DISPUTES
You are solely responsible for your interactions with other Fashionspyder.com Members. Fashionspyder.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
- LIABILITY DISCLAIMER
Fashionspyder.com will not be responsible for any incorrect or inaccurate Content posted on the FASHION SPYDER Website or in connection with the FASHION SPYDER Services, whether caused by Users of the FASHION SPYDER Services or by any of the equipment or programming associated with or utilized in the FASHION SPYDER Services. Profiles created and posted by Members on the FASHION SPYDER Website may contain links to other websites. Fashionspyder.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Fashionspyder.com. Inclusion of any linked website on the FASHION SPYDER Services does not imply approval or endorsement of the linked website by Fashionspyder.com. When you access these third-party sites, you do so at your own risk. Fashionspyder.com takes no responsibility for third party advertisements which are posted on this FASHION SPYDER Website or through the FASHION SPYDER Services, nor does it take any responsibility for the goods or services provided by its advertisers. Fashionspyder.com is not responsible for the conduct, whether online or offline, of any User of the FASHION SPYDER Services. In addition, Fashionspyder.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Fashionspyder.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the FASHION SPYDER Services or combination thereof.
- EXCLUSION OF WARRANTY
The FASHION SPYDER Services are provided "AS-IS" and as available. Fashionspyder.com does not warrant of timely, secure, error- and interruption-free provision of FASHION SPYDER Services. Fashionspyder.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Fashionspyder.com cannot guarantee and does not promise any specific results from use of the FASHION SPYDER Services. The exclusion of warranties does not affect your right of withdrawal.
If there is any dispute about or involving the FASHION SPYDER Services, you agree that the dispute shall be governed by the exclusive jurisdiction of the Courts of Italy.
You agree to indemnify and hold Fashionspyder.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the FASHION SPYDER Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the FASHION SPYDER Website or through the FASHION SPYDER Services causes Fashionspyder.com to be liable to another, provided that this was caused by culpable conduct.
This Agreement is accepted upon your use of the FASHION SPYDER Website or any of the FASHION SPYDER Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Fashionspyder.com regarding the use of the FASHION SPYDER Services. The failure of Fashionspyder.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us with any questions regarding this Agreement.
© 2012 FASHION SPYDER All Rights Reserved.