FASHTORY TERMS OF USE AGREEMENT

Welcome to Fashtory, operated by The Modern Gateway Establishment for IT (“Fashtory,” “we,” or “our”).

By using the Fashtory website located at www.fashtory.com, the related mobile website, and the mobile application called “Fashtory” (collectively, the “Service”), you agree to be bound by these Terms of Use (this “Terms of Use” or “Agreement”), whether or not you register as a member of Fashtory (“Member”). If you wish to become a Member and/or make use of the Service, please read this Agreement. If you object to anything in this Agreement or the Fashtory Privacy Policy, do not use the Service.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

  1. Electronic Agreement. This Terms of Use is an electronic contract that sets out the legally binding terms of your use of the Service. This Terms of Use is subject to change by Fashtory at any time, effective upon posting on the Service. By accessing and/or using the Service or becoming a Member, you accept this Terms of Use and agree to the terms, conditions and notices contained or referenced herein. Your continued use of the Service following Fashtory’s posting of revised terms of any section of the Terms of Use will constitute your express and binding acceptance of and consent to the revised Terms of Use.
  2. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
  3. Eligibility. You must be at least eighteen (18) years of age. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

The Service is also not available to any users who have been previously removed or suspended from the Service.

By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Terms of Use and to abide by all of the terms and conditions of this Terms of Use.

  1. License for Mobile Application

Fashtory grants you, subject to your compliance with these Terms of Use, a limited, non-exclusive, non-transferable license to download and install a copy of the App. You may download the App on a single device (whether mobile or otherwise) to which you have exclusive control. We reserve all rights in and to the App which are not expressly granted to you under these Terms of Use. You are prohibited from running any version of the App on a jailbroken device.

You acknowledge and agree that new or updated versions of the App may include new or updated Terms of Use. Because new or updated versions of the App may include enhanced security or fixes to previous security-related problems, the failure to install the new version of the App may expose you to security risks, including without limitation a breach of your personal information.

  1. Commercial Use of Service. If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Use;
b. You have read and understand this Terms of Use; and
c. You agree to this Terms of Use on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Service, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Service, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Fashtory, which may be revoked at any time, for any reason, in Fashtory’s sole discretion.

  1. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Fashtory of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Fashtory will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Fashtory account.
  2. Your Use of the Service

a. You must not copy or capture, or attempt to copy or capture, any content from the Service, unless given express permission by Fashtory.
b. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Service.
c. You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
d. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
e. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.
f. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Service or any Content appearing on the Service.
g. You must not, and must not permit any third party to, copy or adapt the object code of the Service, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Service, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Service.
h. You must not use the Service to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
i. any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Fashtory’s sole and reasonable discretion;
ii. any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
iii. any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Fashtory’s sole and reasonable opinion;
iv. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user’s use and enjoyment of the Service; or
v. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
i. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
j. You must not rent, sell or lease access to the Service, or any content on the Service.
k. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
l. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Fashtory employee. If Fashtory determines that any user has threatened, stalked, harassed, or verbally abused any Fashtory employee or another Fashtory Member, Fashtory reserves the right to immediately terminate that user’s membership and suspend access to the Service.
m. You must not sell or transfer, or offer to sell or transfer, any Fashtory account to any third party without the prior written approval of Fashtory.
n. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
o. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Fashtory; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Fashtory’s servers, system or network or attempt to breach Fashtory’s data security or authentication procedures; attempt to interfere with the Service by any means including, without limitation, hacking Fashtory’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Fashtory under these Terms of Use, Fashtory reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that Fashtory has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

  1. Fashtory is a Marketplace; Limitation of Liability

Fashtory acts as a marketplace to connect designers (the “Designers”) and storeowners (the “Storeowners”) (collectively, the “Users”) of a wide range of fashion items. You acknowledge and agree that Fashtory is not a party to any agreement between you and another User, and that we are not liable to you for any loss incurred as the result of a User’s acts or omissions, including without limitation failure to fulfill an order, failure to communicate, breach of contract, conversion, fraud, negligence, and intellectual property violations.

You acknowledge and agree that Fashtory does not necessarily have control over the quality, safety, morality or legality of any aspect of any User’s services, the truth or accuracy of any User statements, or the ability of Users to fulfill their obligations under an agreement with you. Fashtory cannot ensure that a User will actually complete a transaction or follow through on their promises.

Fashtory cannot guarantee the true identity, age, and nationality of a User. Fashtory encourages you to communicate directly with other Users through the tools available on the Service.

  1. Representations and Warranties.

You hereby represent and warrant to Fashtory as follows:

a. Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize Fashtory to use, Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Service, any and all Services and any third party services.

b. Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.

c. Your Content, including any comments that you may post on the Service, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.

d. Your Content does not and will not create any liability on the part of Fashtory, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.

e. All information provided by you, including without limitation Your Content and any information posted through your account, is accurate and up-to-date.

Fashtory reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.

  1. You Bear Risk of Upload. Fashtory uses reasonable security measures in order to attempt to protect any content or information that you upload, including without limitation any information, photographs or other images, or intellectual property (collectively, “Your Content”). However, Fashtory cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will Fashtory be liable for any copying or usage of Your Content not authorized by Fashtory. You hereby release and forever waive any claims you may have against Fashtory for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY FASHTORY HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES. IF YOU DO NOT WISH FOR YOUR CONTENT TO BE PUBLIC, DO NOT UPLOAD IT TO THE SERVICE.
  2. Membership; Pricing; Charges on Your Account.

a. General. You may become a free Member of the Service at no cost. As a free Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, you must become a paying member of the Service. Please note that the biling policies that are disclosed to you in subscribing to the service are deemed part of this Terms of Use. Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Service.

We reserve the right to set prices in our sole discretion, and to increase or decrease prices without prior notice to users.

b. Billing. Fashtory bills you through the iOS App Store and/or the Google Play Store (each, an “App Store”) for use of the Service. You agree to pay all charges at the prices then in effect for any use of the Service through the App Store, and you authorize the App Store to charge the payment provider connected to your App Store account (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method.

You acknowledge and agree that we cannot offer refunds for previously-submitted payments.

c. Recurring Billing. Our subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Fashtory may submit periodic charges (e.g. monthly) without further authorization from you, until you provide prior notice (confirmed in writing by Fashtory) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Fashtory could reasonably act. You may change your payment method or cancel your paid membership by a provider of your chosen Payment Method (the “Payment Method Provider”) in your account settings on the Service. For your convenience, we take your payment information so that your Fashtory membership will not be interrupted. We auto-renew your membership at the level you selected. Your Fashtory subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable). To cancel, simply send us an email at info@fashtory.com. Please note that you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

d. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY FASHTORY IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE FASHTORY ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT FASHTORY MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY FASHTORY).

e. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.

f. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Fashtory is authorized to charge your Payment Method. Fashtory may submit those charges for payment and you will be responsible for such charges. This does not waive Fashtory’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

  1. Modifications to Service. Fashtory reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fashtory shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
  2. Blocking of IP Addresses. In order to protect the integrity of the Services, Fashtory reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Service.
  3. Term. This Terms of Use will remain in full force and effect while you use the Service. You may terminate your membership at any time by visiting your Dashboard on Fashtory. If you resign or cancel your membership to Fashtory, to help Fashtory analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation.

Fashtory may terminate your membership for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Fashtory. All decisions regarding the termination of accounts shall be made in the sole discretion of Fashtory. Fashtory is not required to provide you notice prior to terminating your membership. Fashtory is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Terms of Use will remain in effect. All terms that by their nature may survive termination of this Terms of Use shall be deemed to survive such termination.

  1. Third Party Content. Fashtory may provide third party content on the Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Fashtory does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Fashtory does not create Third-Party Content, nor does Fashtory update or monitor it. Fashtory is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.

The Service may include links or references to other web sites or services solely as a convenience to Fashtory users (collectively, the “Reference Sites”). Fashtory does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

  1. Intellectual Property. Fashtory, the Fashtory logos and any other product or service name or slogan contained in the Service are trademarks of The Modern Gateway Establishment for IT or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fashtory or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Fashtory may provide you from time to time.

Fashtory retains all proprietary rights in the Service, except where otherwise noted. The Service contains the copyrighted material, trademarks, and other proprietary information of Fashtory, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Fashtory is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Fashtory and for Fashtory Members’ use only. Distribution of Content to others is strictly prohibited. You agree that Fashtory would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Fashtory shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
We may provide links to third party websites, and some of the content appearing on Fashtory may be supplied by third parties. Fashtory has no responsibility for these third party websites nor for their content, which is subject to and governed by the terms of use and/or privacy policies, if any, of the applicable third party content providers.
You may not use any metatags or any other hidden text utilizing ” Fashtory ” or any other name, trademark or product or service name of Fashtory without our prior written permission. In addition, the look and feel of the Fashtory Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Fashtory and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

The Service is owned and operated by The Modern Gateway Establishment for IT.
Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Fashtory’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).

  1. Ownership of Your Content; Licenses.

Designers or Storeowners may upload content to the Service. Fashtory does not claim ownership of Your Content. However, with respect to Your Content, you grant Fashtory a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such Content on the Service (including, without limitation, information publicly displayed on your Fashtory profile including your name and photograph).

This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Fashtory removes Your Content from the Service.

  1. Copyright Policy.
    Fashtory prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. You are solely responsible for any content that you upload, and Fashtory explicitly disclaims any liability for material that infringes another party’s intellectual property rights.
  2. Repeat Infringer Policy.
    In accordance with the DMCA and other applicable laws around the world, Fashtory has adopted a policy that it will promptly terminate without notice any user’s access to the Service if that user is determined by Fashtory to be a “repeat infringer.” A repeat infringer includes, without limitation a user who has been notified by Fashtory of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. Fashtory may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

In addition, Fashtory accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.

Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Use.

  1. Terms for the iOS App and/or Android App

You acknowledge and agree that this Terms of Use is between you and Fashtory only, and that neither Apple nor Google is not a party to these Terms of Use. Fashtory, not Apple or Google, is responsible for the App and its contents.

You must not use the iOS and/or Android App except on an Apple- or Google-branded product that is running iOS and/or the Android platform. Any use of the App by you must comply with the relevant terms of use for the Apple or Google Source from which you obtained it (including, without limitation, the Usage Rules set forth in the Apple App Store and/or Google Play Store Terms of Service). You acknowledge and agree that neither Apple nor Google has any obligation to furnish you with maintenance and/or support services with respect to the App.

You further acknowledge and agree that neither Apple nor Google is responsible for addressing or resolving any claims by you or a third party relating to your use and/or possession of the App, including, but not limited to, warranty or liability claims, claims that the App fails to conform to a legal or regulatory requirement, consumer protection or similar claims, or claims that the App infringes the intellectual property rights of a third party (including, without limitation, trademark, copyright, and/or patent rights).

Any claims, losses, liabilities, damages costs or expenses relating to a failure to conform to any warranty shall be Fashtory’s responsibility, to the extent allowable by these Terms of Use. It is important that you read the entire Terms of Use, as other sections of these Terms of Use limit our liability.

Apple and Google and their subsidiaries are third-party beneficiaries of these Terms of Use. By accepting these Terms of Use, you acknowledge and agree that Apple and Google shall have the right (and will be deemed to have accepted that right) to enforce the Terms of Use against you as a third party beneficiary. Apple and Google are the sole third party beneficiaries and there are no other third-party beneficiaries of the Terms.

  1. Limitation of Liability. In no event shall The Modern Gateway Establishment for IT be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Service, or use thereof. Nothing contained in the Service or in any written or oral communications from Fashtory or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Service, along with the services provided by employees of the Service, are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Fashtory makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Service’s content or that the functionality of the Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL FASHTORY, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SERVICE OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, EVEN IF FASHTORY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL FASHTORY HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF FASHTORY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Fashtory and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Fashtory during the six months prior to notice to Fashtory of the dispute for which the remedy is sought.

  1. Indemnity by You. You agree to indemnify and hold Fashtory, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:

a. your use of the Service in violation of this Terms of Use and/or arising from a breach of this Terms of Use including without limitation your representations and warranties set forth above;
b. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Service, and/or your making available thereof to other users of the Service, and/or the actual use of Your Content by other users of the Service or related services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;
c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Fashtory.

  1. Attorney Fees. In the event that Fashtory is successful in whole or in part in any action or proceeding related to or arising from this Terms of Use, you shall be responsible for Fashtory’s attorneys’ fees and costs.
  2. Parental or Guardian Permission. Some of the Content on the Service may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE SERVICE AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 13 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE FASHTORY THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
  3. Privacy. Use of the Service is also governed by our Privacy Policy, located at [http://www.fashtory.com/privacy-policy].
  4. Jurisdiction and Choice of Law; Dispute Resolution.
    If there is any dispute arising out of the Service, by using the Service, you expressly agree that any such dispute shall be governed by the laws of Saudi Arabia, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of Saudi Arabia, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside Saudi Arabia with the same force and effect as if such service had been made within Saudi Arabia. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
  5. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Terms of Use.
  6. Entire Agreement.

This Terms of Use, along with the Privacy Policy, contains the entire agreement between you and Fashtory regarding the use of the Service.

  1. Severability; Waiver.
    If any provision of this Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, Fashtory’s failure to enforce any term of this Terms of Use shall not be deemed as a waiver of such term or otherwise affect Fashtory’s ability to enforce such term at any point in the future.
  2. Headings.
    The section headings contained in this Terms of Use are for reference purposes only and shall not in any way affect the meaning or interpretation of this Terms of Use.
    Please contact us with any questions regarding this agreement. Fashtory is a trademark of The Modern Gateway Establishment for IT.

Fashtory reserves all rights not expressly granted in these Terms of Use.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.