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.
“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.
These Terms and Conditions provide for the modalities and terms by which FashTime supplies the User with FashTime Services, as better detailed below.
The FashTime App and the FashTime Site will allow the User to:
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.
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:
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.
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.
In connection with the User’s Content, the User further agrees that he/she will not:
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:
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.
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.
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.
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.
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:
Any claim that one of his/her Content caused damage to a third party;
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.
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.
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.
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.
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.