Effective Date: This Terms of Service is effective and was last updated as of Sep 10, 2015 (the “Terms of Service”).
FashDrobe Online Services LLP (“FashDrobe”, “The Company”, “We”, “Us”, and “Our”) agrees to provide services to the Customer, subject to the following Terms of Service (TOS). “You” means the person or company who is using our service(s) or product(s). If you would like to use our services or product on our website www.FashDrobe.com as well as the various subdomains, mobile applications and aliases (hereinafter the services), we kindly ask you to read these TOS thoroughly. With the use of the website you (hereinafter the user) accept these TOS and agree to their validity. This Terms of Service governs your and our rights and obligations with respect to any pictures, videos, information, tags, messages, graphics or other materials of the foregoing (collectively, the “Content”) Loved, uploaded, transmitted, tagged or posted (altogether, “Posted”) by you or our other users in connection with the Services. If you do not agree to be bound by this Terms of Service, you are not permitted to use our Services.
We may, at our sole discretion, modify or revise this Terms of Service and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although We Heart It may attempt to notify you when major changes are made to this Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website and Services thereafter. Nothing in this Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
Creation of a User Account
In order to create a user account for our Services (a “User Account”), you must (i) agree to be bound by this Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required during the registration process. You are responsible for providing complete and accurate information when registering for a User Account. You are responsible for maintaining the security of the User Account and any password associated therewith. You agree to keep your password secure and confidential and to not allow anyone else to use your username or password to access our Website. You also agree not to create additional User Accounts for the purpose of abusing the functionality of our Website or to seek to pass yourself off as another user. You agree that you will not solicit, collect or use the login credentials of other FashDrobe users. You are responsible for all Content that is Posted to our Website or through the Services using the User Account we provide to you, as well as any other activity originating from the User Account we provide to you. We reserve the right to deny registration of any individual and to deny access to our Services to any individual, and to modify or terminate the Services, in each case, for any reason, with or without notice and at any time. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the User Account we provide to you.
Suspension and Termination of Account and Service
Generally, a User Account will be considered active until we receive a user request to deactivate or delete it. We reserve the right to limit, suspend, terminate, modify, or delete (i) the User Account we provide to you or (ii) your access to our Services or portions thereof (including any Content you or other users submit) for any reason, with or without notice and at any time, including, without limitation, if you are, or we suspect that you are, improperly using the Services, violating any applicable laws or failing to comply with this Terms of Service. We reserve the right to force forfeiture of or reassign any username for any reason, with or without notice and at any time. We also reserve the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily, for any reason, with or without notice to you, at which point your use of the Services or any part thereof will be automatically terminated or suspended. We will not provide refunds, benefits or other compensation to users in connection with our exercise of any of our rights hereunder.
You are responsible for your use of our Services, for any Content you Post using the Services, and for any consequences or liability arising therefrom. Please note that other users of the Services will be able to view any Content you post. In addition.
The Services may include advertisements targeted to users, Content or queries made through the Services, or other information. The types and extent of advertising by us on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that we and our third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You acknowledge that we may not always identify paid services, sponsored Content or commercial communications as such. The Services that we provide are always evolving and the form and nature of the Services may change from time to time without prior notice to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. You are solely responsible for your interaction with other users of the Services, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
FashDrobe reserves the right to alter, limit or discontinue services made available or after notification to only make contents available against payment which were so far made available free of charge. In this case, the General Terms and Conditions will regulate the relationship between the user and FashDrobe regarding services which are subject to a charge.
With the use of the website, particularly when using the services no contractual relationship is concluded between the user and FashDrobe, in particular no consultancy or information agreement. In this respect there are also no contractual or quasi-contractual claims against FashDrobe or its partners or representatives. FashDrobe merely makes the platform for the provision and accessing of contents available.
The user is entitled to use the contents made available on the website for his/her private or own purposes. In particular, he/she is not entitled to pass on the contents or parts of the contents to third parties, to provide or enable third parties access to the contents for free nor for a fee or to sell the contents to third parties without the written consent of FashDrobe.
User Posted and Third Party Content
We do not review new Content prior to it being Posted on our Website or through the Services. By Posting Content to our server, you guarantee us that you have the right to make this Content available for use in accordance herewith. You further agree that Content you Post to the Services will not contain third-party copyrighted material, or material that is subject to other third-party rights (including rights relating to publicity and privacy), unless you have permission from the rightful owner of the material or you are otherwise legally entitled to Post the material and to grant FashDrobe all of the license rights granted herein. Any use or reliance on Content Posted using the Services or obtained by you through the Services, is at your own risk.
We reserve the right to remove hosted content and take technical and legal steps to bar users from our Website and/or the Services if we believe them to be in violation of this Terms of Service. If you feel that any Content currently Posted on our Website or the Services is in violation of this Terms of Service, please click on the “Report this Post” link next to the non-compliant Content and follow the instructions provided.
CONTENT OWNERSHIP AND GRANT OF RIGHTS
FashDrobe and/or its third-party licensors retain ownership of all intellectual property rights in this Website, the Services and any software, mobile applications made available to you in connection with the Services. However, we do not claim any ownership in the Content you or our other users Post.
So that FashDrobe can operate, maintain, market and improve our Website, our mobile applications and our Services and our users can use and enjoy the same, when you Post Content through our Services, you give FashDrobe, its affiliates and its third-party providers and partners a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), copy and create derivative works of such Content (either alone or as part of a collective work). As part of the foregoing license grant (the “User Content License”), you agree that (i) the other users of our Services shall have the right to comment on your Content and/or to include a copy of your Content as part of their own user profile and (ii) we have the right to make any of your publicly-Posted Content available to third parties, so that those third parties can distribute, make derivative works of, comment on and/or analyze your Content on other media and services (either alone or as part of a collective work). For the avoidance of doubt, you agree that our third-party content providers, partners and advertisers may display or feature any Content that you Post through our Services in their own Content and promotional material on our Website, including in their profiles on our Website.
Because of the social nature of Content shared through our Services, when you Post something publicly on our Website or through our Services, others may choose to add descriptive commentary and tags to your Content, making your Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others and/or removing Content from another user’s profile. You may adjust your privacy settings to make certain portions of your profile private, but the content that you post will still be available through our Services, and others may choose to add descriptive commentary and tags to your Content. As such, and in order to maintain the integrity of the Services, you agree that FashDrobe’s rights under the User Content License will continue to survive in perpetuity even if you stop using the Services or your account is otherwise terminated.
Upon termination of your Account or upon your deletion of any Content from the Services, We Heart It shall make reasonable efforts to disassociate such Content from your User Account; however, you acknowledge and agree that: (a) caching of, copies of, or references to such Content may not be immediately removed; (b) such removed Content may persist in backups for a reasonable period of time; and (c) such removed Content may continue to be publicly available (and stored on our or third party servers) through the accounts of other users.
You agree that you will not:
- take any actions with respect to your use of our Website or our Services that are unlawful, false, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions, accounts or photographic depictions of sexual or violent acts.
- Post any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, but not limited to, Posting discriminatory, racist or xenophobic Content.
- Post any Content that includes images or videos portraying realistic images of people or animals being killed or maimed, shot, stabbed, tortured or injured.
- Post any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party.
- Post any Content that you do not have a right to do so under any law or under any contractual or fiduciary relationship.
- Post any Content that encourages excessive consumption of alcohol or illegal substances, or encourages minors to consume alcohol or smoke cigarettes.
- Post web links to any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of our Website, our mobile applications or the Services, or any system or computer from which our visitors and users access our Website, mobile applications or Services.
- use any robot, spider or other automatic device, process or means to access our Website or Services for any purpose, including monitoring or copying any of the material on our Website, in violation of our robot.txt
- interfere with or disrupt our Website or our Services or servers or networks linked to our Website or our Services, or disobey any requirements, procedures, policies, or regulations of networks linked to our Website or our Services.
- violate any applicable local, state, national, or international law.
- Post any Content that includes images or videos of children, without first obtaining the consent of their parent or guardian to Post such Content.
- Post any Content, or take any other actions with respect to your use of our Website or our Services, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability.
- Send unsolicited messages to users (spam) for commercial purposes.
- Use our Website or our Services for commercial purposes without our prior written consent.
- Solicit other guests of our Website or our Services to become members of any commercial on-line service or other group or organization without first obtaining our express written consent
- Post any Content that encourages thinspiration, depression, suicide, self-harm, eating disorder, drug use or any behavior that can negatively influence other users.
Digital Millennium Copyright Actions
DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe that any Content Posted on our Website or through our Services infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information.
- a signature (physical or electronic) of the owner or a person who has been authorized by the owner of the allegedly infringed right to act on their behalf
- identification of the copyrighted work or other intellectual property that has allegedly been infringed.
- identify the material on our Website or our Services that alleged to be infringing, with enough detail so that we are able to locate it on our Website. Providing a URL or URLs is the most effective method of identifying such material.
- 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.
- information reasonably sufficient to permit FashDrobe 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 and
a statement that the information provided in the notice is accurate, and under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
To expedite our ability to process your request, such written notice may be sent to our designated agent at email@example.com
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to FashDrobe customer support at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
ounter-Notices. If you believe that your Content that has been removed from our Website or our Services is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to Post and use the Content in the manner so Posted or used, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- your physical or electronic signature.
- a description of the Content that has been removed and the location at which the content appeared before it was removed.
- a statement that you have a good faith belief that the Content was removed as a result of mistake or a misidentification of the Content.
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of INDIA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, FashDrobe may send a copy of the counter-notice to the original complaining party informing such person that FashDrobe may reinstate the removed Content in twenty (20) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may (in FashDrobe’s discretion) be reinstated on our Website and our Services by FashDrobe It in twenty (20) to thirty (30) business days or more after receipt of the counter-notice.