Terms
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FashTime Services

Terms and Conditions

  1. Definitions.

The terms with capital letters provided hereunder shall have the following meaning:

Advertising” means the advertising delivered through the FashTime Services.

Content” means, collectively, any data, texts, files, information, usernames, images, graphics, pictures, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials submitted, posted or displayed through the FashTime Services, including Fashtime App, FashTime Challenge and the FashTime Site.

FashTime” means FashTime Ltd, a company incorporated under the laws of England with registered office in 71-75 Shelton Street, London WC2H 9JQ, United Kingdom.

FashTime Platform” means all the data collected, stored and displayed by the Applications and Services provided by FashTime.

FashTime App” means the application software owned by FashTime and available for Android and iOS based smartphones for free download on Google Play Store and Apple Store.

FashTime Challenge” means the software owned by FashTime and included within the FashTime App or provided through the FashTime Site, available to the User by logging in to his/her FashTime account or Facebook account, as better detailed under article 3 of these Terms and Conditions.

FashTime Services” means the services supplied by FashTime to the User through the FashTime App, including the FashTime Challenge, or through the FashTime Site, as better detailed under article 3 of these Terms and Conditions.

FashTime Site” means the software owned by FashTime available to the User by logging in to his/her FashTime account or Facebook account via browser, as better detailed under article 3 of these Terms and Conditions.

Privacy Policy” means the privacy policy adopted by FashTime with reference to the supply of the FashTime Services available at the following link: [].

Subscription Plans means the additional services provided by FashTime through the FashTime App or the FashTime Site upon the User’s payment of a price that is to be determined and set on a previous notice by means of contact (if not displayed directly inside the FashTimePlatform). Payment is to be made by bank transfer to the FashTime bank account  or via an in-app purchase system, if available. The services include social media reports on posts and trends extracted from the FashTime App. The reports include the detailed votes and information of a post, the age range of viewers and the gender of viewers. A brand report also includes a geolocation report of viewers and a heat map of viewer engagement. Trend reports and market reports containing general trends on the FashTime Platform, will also be made available, once a Subscription Plan is purchased.

Terms and Conditions” means these terms and conditions. FashTime is entitled to periodically amend the Terms and Conditions. The User shall periodically check the Terms and Conditions in order to verify if any amendment occurred.

Trademarks” means the names “FashTime” or other names, logos or trademarks owned by FashTime.

User” means the person who accepts these Terms and Conditions during the set-up of the FashTime Challenge or of the FashTime App or of the FashTime Site in order to access the FashTime Services.

  1. Content, purposes and acceptance by the User.

These Terms and Conditions provide for the modalities and terms by which FashTime supplies the User with FashTime Services, as better detailed below.

By accessing or using the FashTime Services, however accessed or used, the User accepts the provisions set forth under these Terms and Conditions, as well as the Privacy Policy, which can be found at the following link [], and which is incorporated herein by reference. Should the User not agree with any of these Terms and Conditions and/or of the Privacy Policy, the User shall not be entitled to be supplied with the FashTime Services.

  1. FashTime Services.

The FashTime Services include all those services supplied by FashTime to the User through the FashTime App, including FashTime Challenge, or the FashTime Site, available both for mobile devices and through Internet. Each User can create his/her own profile through the FashTime App or FashTime Site free of charge. However, the User can get additional services through the purchase of Subscription Plans. In particular, FashTime established four Subscription Plans, each one containing supplementary technological features and analytical tools and whose extent and scope will depend on their price. During the signup phase, the User will be entitled to choose if signing up as normal or professional User. In the second case, the User shall decide his/her category status by choosing among: pro-fashionistas, independent designers, brands, influencers, boutiques, models, photographers, stylists, magazines/journalists. Only professional Users can obtain a special Subscription Plan if the service provided is the FashTime Challenge. On the contrary, all Users of the FashTime App can potentially buy and choose any of the other three specific Subscription Plans.

In order to use the services provided by FashTime with a FashTime account, the User shall enter his/her own credentials to create it. The signing up to the FashTime Platform will require information concerning the username, password, contact e-mail, gender and age of the User, except for certain kind of Users like brands, which cannot provide gender and age information. All said basic information will be stored in FashTime’s database. FashTime is the only entity that manages this data and its database. No third parties are involved in the process.

With reference to each single FashTime Service, the Fashtime Challenge will allow the User to:

  1. Upload single pictures, two-in-one fashion-related pictures in one screen or a video on his/her account, also by adding a title and deadline to the challenge or any other kind of information (tag creation), in order to add value to other Users who visit his/her account and vote his/her Content; FashTime provides three major categories of tags:

  1. Vote with one click which of the two pictures he/she prefers the most, prior having zoomed on each of them and having seen information related to each picture;

  2. Obtain valuable information related to his/her posts through a simplified view or through a report in the case the User has purchased a Subscription Plan.

In order to use the services provided by FashTime through the FashTime Challenge, the User shall log in with a Facebook account or FashTime account. FashTime will use Facebook Login with OAuth 2.0 system to secure all information and it will never use any credentials provided by the User. Facebook login will provide to FashTime basic information, such as the User’s full name, email, gender, age range, profile picture and the “Facebook ID” and the pages which are managed by the User. The first time the User logs in, he/she will be asked to provide his/her age in order to improve the User’s experience and refine Facebook age range. All said basic information will be stored in FashTime’s database. Each User’s geolocation and any other demographic information related to the User concerning votes, seconds spent by the User while looking at each picture and/or video, titles, links and pictures posted for challenges, will be stored by FashTime. Users’ geolocation data will be obtained from Eurekapi® Services, and will be not drained from GPS or AGPS. The User acknowledges and accepts that, in order to use the FashTime Challenge, FashTime will need the following services provided by third parties: (i) Google Analytics to improve traffic and detect anomalies on the FashTime Challenge; (ii) Facebook Analytics, which is provided by default when the User logs in through his/her Facebook account to start using the FashTime Challenge; (iii) FashTime accounts; (iv) Facebook Login concerning basic information of the profile, email, User’s friends list and pages managed by the User.

The FashTime App and the FashTime Site will allow the User to:

  1. Create and join a social community where each User has a specific and distinguishable “role” and/or profile tag related to the fashion world;

  2. Create fashion-related posts – single or two in one screen (for challenges) – and share them through the same FashTime platform or through any social network compatible with the FashTime platform by uploading pictures and/or videos together with filters and/or information of any kind (tag creation), which will be mandatory for professional Users and may be limited according to each User’s single account. The User can leave also comments below any post and save pictures and/or videos related to the posts directly in the private section of his/her FashTime profile;

  3. Look for, discover, filter (through multiple “FashTags”, “HashTags” or any other data like geolocation and time windows) and find out fashion-related profiles, looks, products and trends posted by other Users.

  4. Vote with one click which of the two pictures and/or videos of a challenge concerning products or looks he/she prefers the most, prior having zoomed on each single picture or video and/or post, and having seen information related to each picture and/or video;

  5. Obtain valuable information related to his/her posts through monthly and/or summary reports, whose information will be based on the Subscription Plan chosen by each User.

Each User’s geolocation and any other demographic information related to the User, profile, tags, comments, followers, following, favourites, links, pictures and/or videos, description, titles, EXIF Metadata, seconds spent by the User while looking at each picture or any other data of the platform used on any FashTime Services will be stored by FashTime. Users’ geolocation data will be obtained from GeoIP® Databases & Services, and will be not drained from GPS or AGPS. If the Users will use mobile devices for the FashTime Services, FashTime will obtain the geolocation information through GPS or AGPS system, provided that this kind of geolocation is enabled or available on such mobile devices. In case geolocation function is available, the User may see the geolocation of the pictures and/or videos and look for other fashion content within the same distance range. Moreover, the User may click on the tagged website link (e-commerce link) or description links - if available – and is redirected to a third party website. Each User will be able to have access to and see his/her personal profile and be notified in case other Users spend time on his/her posts, vote his/her challenges or leave comments on his/her posts. The User acknowledges and accepts that, in order to use the FashTime App or FashTime Site, FashTime will need the following services provided by third parties: (i) Facebook Analytics and Google Analytics to improve traffic and detect anomalies; (ii), FashTime accounts; (iii) FashTime Challenge; (iv) Facebook Login concerning basic information of the profile, email and friends of the User.

With reference to the FashTime Challenge, the FashTime App and the FashTime Site, FashTime will sell the reports only to the User who has created a challenge or a post and has permission to receive such services because he/she has subscribed a Subscription Plan. Such reports will have aggregated information about all Users that spent time on the Content posted through the FashTime Platform or voted the challenge, zoomed the pictures and/or videos and clicked on the related links. The User acknowledges and accepts that FashTime, in order to sell the FashTime reports or other market reports, will use his/her personal data directly from Facebook or from FashTime profile as well as any generic data, such as votes, pictures and/or videos, seconds spent by the User, geolocation, clicks, comments, favourites and links, generated by using the FashTime Platform or by other Users while uploading the Content. All said information will be used anonymously and will be aggregated per posted Content.

The FashTime Services are supplied to the User for free and will include technology services concerning the interaction between the User and his/her choices, as well as analytics services, in order to enable the User to promptly obtain valuable information related to his/her challenges and/or posts.

  1. FashTime Services access.

Subject to the User’s compliance with these Terms and Conditions, FashTime hereby grants to the User permission to use the FashTime Services, provided that:

  1. The User’s use of the FashTime Services, of the FashTime App, including FashTime Challenge, and/or of the FashTime Site, as permitted, is solely for his/her personal use, with the only exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, and the User is not entitled to resell or charge others for use of or access to the FashTime Services, or in any other manner inconsistent with these Terms and Conditions;
  2. The User will not duplicate, transfer, license, assign, give access to, copy or distribute any part of the FashTime Services and/or the FashTime App, the FashTime Challenge and/or the FashTime Site in any way without FashTime’s prior written authorization;
  3. The User will not attempt to reverse engineer, change, adapt, alter or modify any part of the FashTime Services and/or of the FashTime App, of the FashTime Challenge and/or of the FashTime Site or change, modify or alter another website so as to falsely imply that it is associated with the FashTime Services or FashTime Site;
  4. The User will otherwise comply with these Terms and Conditions and with the Privacy Policy.

The User represents that all information he/she provides or provided to FashTime upon registration and at all other times will be true, accurate, current and complete and the User agrees to update such information as necessary to maintain its truth and accuracy. The User agrees that he/she will not solicit, collect or use the login credentials of other Users and that he/she will keep his/her password secret and safe. The User shall notify FashTime immediately of any breach of security or unauthorized use of his/her FashTime account. Although FashTime will not be liable for any loss caused by any unauthorized use of the User’s account, the User may be liable for the losses of FashTime or third parties due to such unauthorized use.

The User shall not interfere or disrupt the FashTime Services or servers or networks connected to the FashTime Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. The User shall not inject content or code, otherwise alter or interfere with the way any FashTime page is rendered or displayed in a User’s browser or device. The User shall not create accounts with the FashTime Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

FashTime prohibits crawling, scraping, caching or otherwise accessing any Content on the FashTime Services through automated means, including all content of the FashTime platform. FashTime may notify the User about new content available in the FashTime App through push notifications for mobile devices, if such notifications are available and enabled in the User’s device, and through live notifications for the web, if the User’s browser is compatible.

Although it is FashTime’s intention for the FashTime Services to be available as much as possible, there will be occasions when the FashTime Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. FashTime will not be liable against the User for any modification, suspension, or discontinuation of the FashTime Services, or for the loss of any Content. The User also acknowledges that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

FashTime reserves the right to refuse access to the FashTime Services to anyone for any reason at any time.

  1. Intellectual Property Rights.

All the Trademarks as well any other intellectual property right concerning the FashTime App, FashTime Challenge, FashTime Site and FashTime Services are owned by or licensed to FashTime, subject to copyright and other intellectual property rights under English and foreign laws and international conventions. The User agrees to not remove, alter or conceal the Trademarks or any other intellectual property right notices incorporated in or accompanying FashTime’s content and to not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit FashTime’s content or Trademarks. If the User infringes third parties’ intellectual property rights, FashTime may disable his/her account when appropriate. The FashTime Services are provided to the User for his/her information and personal use only. FashTime reserves all rights not expressly granted in and to the FashTime Services and FashTime App, FashTime Challenge and FashTime Site. The User agrees to not engage in the use, copying or distribution of any of the FashTime Services other than expressly permitted herein. In addition, all page headers, views, graphics, assets and scripts shall be considered as Trademarks, and shall not be copied, imitated or used, in whole or in part, without prior written permission of FashTime.

  1. Use of FashTime Services.

The User understands and agrees that FashTime cannot and will not be responsible for the Content posted through the FashTime Services, the FashTime App, the FashTime Challenge, and on the FashTime Site. The User understands and agrees that he/she will use the FashTime Services at his/her own risk, without being entitled to earn from the FashTime Services or Trademarks or any right provided by FashTime. The User shall be solely responsible for his/her conduct and for the Content that he/she submits, posts or displays through the FashTime Services, the FashTime App, the FashTime Challenge, and on the FashTime Site. Since FashTime is only acting as a repository of data, the User’s Content will not necessarily represent the views or opinions of FashTime, and FashTime does not guarantee the validity, accuracy or legal status of any User’s Content posted or displayed through the FashTime Services, the FashTime App, the FashTime Challenge, and on the FashTime Site. In connection with the Content, the User affirms, represents, and/or warrants that:

  1. The User owns or has the necessary licenses, rights, consents, and permissions to use and authorize FashTime to use all patent, trademark, trade secret, copyright or any other intellectual property right in and to any and all User’s Content to enable inclusion and use of the Content in the manner contemplated by FashTime Services and by these Terms and Conditions; and

  2. The User has the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the FashTime Services and by these Terms and Conditions.

For sake of clarity, the User retains all of his/her ownership rights in his/her Content and may choose who views his/her Content and activities, but the User has to have the rights in the first place. However, by submitting the Content to FashTime, the User hereby grants FashTime a worldwide, non-exclusive, fully-paid, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the FashTime Services and FashTime’s (and its successor’s) business, without limitation for promoting and redistributing part or all of the FashTime Services (and derivative works thereof) in any media formats and through any media channels. The foregoing license granted by the User terminates once the User removes or deletes his/her Content from the FashTime Services.

In connection with the User’s Content, the User further agrees that he/she will not:

  1. Post Content that is copyrighted, protected by trademark or trade secret or otherwise subject to any third party’s intellectual property rights, including privacy and publicity rights, unless he/she is the owner of such rights or has permission from their rightful owners to post the Content and he/she agrees to pay for all royalties, fees and any other monies owed by reason of Content posted through the FashTime Services and to grant FashTime with all of the license rights granted herein;
  2. Publish falsehoods or misrepresentations that could damage FashTime or any third party;
  3. Post Content that is unlawful, obscene, defamatory, libellous, threatening, harassing, intimidating, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  4. Post private or confidential information through the FashTime Services, including, without limitation, his/her or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;
  5. Use the FashTime Services for any illegal or unauthorized purpose;
  6. Post advertisements or solicitations of business;
  7. Impersonate another person;
  8. Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  9. Create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (“spam”) to any User;
  10. Use domain names or web URLs in his/her username without prior written consent from FashTime;
  11. Interfere with or disrupt the integrity or performance of the FashTime Services or the data contained therein; or
  12. Attempt to gain unauthorized access to the FashTime Services or its related systems or networks.

Adult content shall be identified as such. The User shall not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive pictures, videos or other content through the FashTime Services. The User shall upload only fashion-related Content. FashTime does not endorse any Content or any opinion, recommendation, or advice expressed therein, and FashTime expressly disclaims any and all liability in connection with the Content. FashTime does not permit copyright infringing activities and infringement of intellectual property rights through its FashTime Services. FashTime will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following:

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the User allegedly infringing the copyrighted work;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

FashTime reserves the right to remove Content without prior notice. FashTime may also terminate User’s access to the FashTime Services, if he/she is determined to be a repeat infringer, or for any or no reason, including being annoying. User is deemed to be a repeat infringer if he/she has been notified of infringing activity more than once and/or has had Content removed from the FashTime Services more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized FashTime’s employees, agents or subagents. FashTime also reserves the right to decide whether Content is appropriate and complies with these Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, excessive length or limited interest. FashTime may remove such Content and/or terminate a User’s access for uploading such Content in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.

The User understands that, while using the FashTime Services, he/she will be exposed to Content from a variety of sources, and that FashTime is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content and that such Content is not the responsibility of FashTime. The User further understands and acknowledges that he/she may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and he/she agrees to waive, and hereby does waive, any legal or equitable rights or remedies he/she has or may have against FashTime with respect thereto, and agrees to indemnify and hold FashTime, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to his/her use of the FashTime Services.

The User represents to know and accept that there may be links from the FashTime Services, or from communications the User receives from the FashTime Services, to third-parties websites or features. There may also be links to third-parties websites or features in images or comments within the FashTime Services. The FashTime Services also may include third-parties content that FashTime does not control, maintain or endorse. Functionality on the FashTime Services may also permit interactions between the FashTime Services and a third-party website or feature. For example, the FashTime Services may include a feature that enables a User to share his/her Content from the FashTime Services with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires the User to login on the third-party service and the User will do so at his/her own risk. FashTime does not control any of these third-parties web services or any of their content. Therefore, the User expressly acknowledges and agrees that FashTime will be in no way responsible or liable for any such third-party services or features. THE USER’S CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE WILL BE SOLELY BETWEEN THE USER AND THE THIRD PARTY. The User may choose, at his/her sole and absolute discretion and risk, to use applications that connect the FashTime Services or his/her profile on the FashTime Services with a third-party service and such application may interact with, connect to or gather and/or pull information from and to your FashTime Services profile. By using such applications, the User acknowledges and agrees to the following: (i) if the User uses an application to share information, the User is consenting that said information is being shared; (ii) the User’s use of an application may cause personally identifying information to be publicly disclosed and/or associated with him/her, even if FashTime has not provided itself with such information; and (iii) the User’s use of an application is at his/her own option and risk, and the User will hold FashTime and other Users harmless from any activity related to the application.

Any violation of these Terms and Conditions may, upon FashTime’s sole discretion, result in termination of the User’s FashTime account. In case of violation of the letter or spirit of these Terms and Conditions, FashTime will be entitled to stop providing all or part of the FashTime Services to the User. FashTime also reserves the right to force forfeiture of any username for any reason.

  1. Warranty Disclaimer.

THE USER AGREES THAT HIS/HER USE OF THE FASHTIME SERVICES SHALL BE AT HIS/HER SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FASHTIME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE FASHTIME SERVICES AND THE USER’S UTILIZE THEREOF, THE CONTENT OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FASHTIME OR THROUGH THE FASHTIME SERVICES. FASHTIME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE FASHTIME SERVICES’ CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, INACCURACIES OR UNLAWFULNESS OF THE CONTENT, (II) ANY PERSONAL INJURY, LOSS, DAMAGE, (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), CLAIM, LIABILITY OR OTHER CALUSE OF ANY NATURE WHATSOEVER, RESULTING FROM THE CONTENT, USER’S ACCESS TO AND USE OF THE FASHTIME SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF FASHTIME’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM FASHTIME SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH FASHTIME SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS OF ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE FASHTIME SERVICES. FASHTIME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR FASHTIME SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FASHTIME SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER MESSAGE OR OTHER ADVERTISING, AND FASHTIME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEANS OR IN ANY ENVIRONMENT, THE USER SHOULD USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  1. Limitation of Liability.

These Terms and Conditions apply to all Users. The information provided by the User through the FashTime Services may contain links to third party websites that are not owned or controlled by FashTime. FashTime has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, FashTime will not and cannot censor or edit the content of any third-party site. By using the FashTime Services, the User expressly acknowledges and agrees that FashTime shall not be responsible for any damages, claims or other liability arising from or related to the User’s utilize of any third-party website.

IN NO EVENT SHALL FASHTIME, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER RESULTING DIRECTLY OR INDIRECTLY FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE FASHTIME SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF FASHTIME’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM FASHTIME’S SERVERS DUE TO DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF FASHTIME HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE), (IV) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FROM ANY SECURITY BREACH OR FROM ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH FASHTIME SERVICES BY ANY THIRD PARTY, (V) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY FASHTIME OR LAW ENFORCEMENT AUTHORITIES REGARDING THE USER OR ANY OTHER PARTY’S USE OF FASHTIME SERVICES, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER’S UTILIZE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE FASHTIME APP AND/OR THE FASHTIME SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS AND CONDITIONS OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THE USER AGREES THAT IN THE EVENT HE/SHE INCURS ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FASHTIME’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO THE USER ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE HIM/HER TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY FASHTIME, AND THE USER WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY FASHTIME.

THE USER SPECIFICALLY ACKNOWLEDGES THAT FASHTIME, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.

The FashTime Services are controlled and offered by FashTime worldwide. FashTime makes no representations that the FashTime Services are appropriate or available for use in other locations. Those who access or use the FashTime Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  1. Indemnification.

The User (and also any third party for whom the User’s operate an account or activity on the FashTime Services) agrees to defend, indemnify and hold FashTime, its officers, directors, employees and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or in any way connected with any of the following:

  1. His/her Content, access to and use of the FashTime Services;
  2. His/her violation of any provision of these Terms and Conditions;
  3. His/her violation of any third party right, including without limitation any intellectual property right, publicity, copyright, property, confidentiality or privacy right;

Any claim that one of his/her Content caused damage to a third party;

  1. His/her violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
  2. Any misrepresentation made by the User.

The User will cooperate as fully required by FashTime in the defense of any claim. FashTime reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the User, and the User will not in any event settle any claim without the prior written consent of FashTime. This defense and indemnification obligation will survive these Terms and Conditions and the User’s utilize of the FashTime Services.

  1. Ability to accept the Terms and Conditions.

The User affirms that he/she is either at least 13 years of age or the different legal age provided by each country in which the User has access to the FashTime Services and that he/she is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

  1. Assignment.

These Terms and Conditions, and any rights and licenses granted hereunder, shall not be transferred or assigned by the User, but may be assigned by FashTime without restriction.

Except as otherwise described in the Privacy Policy, available at [], as between the User and FashTime, any Content will be non-confidential and non-proprietary and FashTime will not be liable for any use or disclosure of the Content. The User acknowledges and agrees that his/her relationship with FashTime is not a confidential, fiduciary, or other type of special relationship, and that his/her decision to submit any Content does not put FashTime in a different position from the one held by members of the general public, including with regard to the Content. None of the User’s Content will be subject to any obligation of confidence on the part of FashTime, and FashTime will not be liable for any use or disclosure of any Content the User provides.

  1. Miscellaneous.

These Terms and Conditions shall be governed by and construed in accordance with the laws of Italy. Any claim or dispute between the User and FashTime that may arise in whole or in part from the FashTime Services shall be subject to the exclusive jurisdiction of the Court of Milan.

These Terms and Conditions, together with the Privacy Policy and any other legal notices published by FashTime, shall constitute the entire agreement between the User and FashTime concerning the FashTime Services, and shall supersede any prior agreements between the User and FashTime.

If any provision of these Terms and Conditions is deemed invalid, the invalidity of such provision shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and FashTime’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

FashTime reserves the right to modify or terminate the FashTime Services or the User’s access to the FashTime Services for any reason, without notice, at any time, and without any liability towards the User. The User may deactivate his/her FashTime account by logging into the FashTime Services and completing the form available here: []. If FashTime terminates the User’s access to the FashTime Services or the User fills in the form detailed above to deactivate his/her account, the User’s pictures, videos, comments, likes, friendships, and all other data will no longer be accessible through the account (e.g., other Users will not be able to navigate to his/her username and view his/her pictures), but those materials and data may persist and appear within the FashTime Services (e.g., if the User’s Content has been re-shared by others). Upon termination, all licenses and other rights granted to the User according to these Terms and Conditions and Privacy Policy will immediately cease. FashTime also reserves the right, in its sole discretion, to amend these Terms and Conditions from time to time. Unless FashTime makes a change for legal or administrative reasons, it will provide reasonable advance notice before the updated Terms and Conditions become effective. The User agrees that FashTime may notify of the revised Terms and Conditions by posting them on the FashTime Services, and that the User’s continued use of the FashTime Services following any amendment of these Terms and Conditions will signify his/her assent to and acceptance of the revised terms. Therefore, it is the User’s responsibility to review these Terms and Conditions for any changes before using the FashTime Services. If the User does not agree to the revised Terms and Conditions, his/her only recourse is to discontinue the use of the FashTime Services. The revised Terms and Conditions will be effective as of the time of posting, or such later date as may be specified in the Terms and Conditions, and will apply to the FashTime Services from that point forward.