Welcome to Fashion Mash™. Please read carefully.
I. Acceptance of Terms
The Website at http://fashionmash.com/ ("Fashion Mash™", "Website") is owned and operated by Heliostorm Digital Media, Inc. ("We", "Our" or "Us"). By accessing, using or visiting the Website, services, software, or materials (collectively the "Service"), you ("You", "Your") are indicating that You have read this agreement, that You understand it, and that You consent to be bound by all of its terms and conditions ("Terms", "Terms of Service" or "TOS"). The most current TOS is available at http://fashionmash.com/company/tos/ and may be updated at anytime and without previous notice. If You do not agree with all of the following, You may not access the Service.
II. Description of Services
Registered users of the Service ("Users") can access, share, comment on and manage items that We make available on the Service, as well as image files or text uploaded by You and other Users ("Content") in order to create collections of items into one graphical image file ("Outfit") for use and display on the Website and elsewhere on the Internet.
We include certain communications, such as service announcements or administrative messages, and these are considered part of the Service and You may not opt out of receiving them. The Service may include advertisements and these are necessary for the Service to be provided.
The Service is provided "as-is" and We assume no responsibility for any loss, cost or damage however caused, including but not limited to, the timeliness, deletion, mis-delivery, or storage failure of content or settings. We do not provide Internet connectivity service and You are responsible for any fees associated obtaining access or any equipment necessary to access the service. The Service is for personal use only.
III. Member Accounts & Security
The Service does not knowingly permit registrations for anyone under the age of 13. If We determine that an account belongs to a child under age 13, it will immediately delete it. Parents and guardians of children ages 13 to 17 years are responsible for the minor child's use of the Service and any violation of the TOS. If a parent or guardian becomes aware that a child has provided us with information with out their consent, they should contact Us by emailing firstname.lastname@example.org.
When You register for an account, You must provide us with true and accurate information about yourself. We will at minimum be collecting Your birth date, gender, country or territory of residence, and email address. Paid accounts will have additional information collected in order to process payment. If any of Your personal information changes, You are responsible for updating Your account.
You have a limited amount of storage for Your uploaded items according to Your account level as describe on the account comparison page. http://fashionmash.com/account/compare/.
There are certain restrictions on the Service.
- There will be no resale of the Service. It will be for Your personal purposes only. You will not modify, reproduce, duplicate, copy, sell, or create derivative works from or resell any part of the Service.
- Use & Storage. You will not access the Service for commercial purposes.
- You will not use the Service in any manner that could damage, disable, over burden, impair or interfere with any other party's use and enjoyment of the service. You may not use any 3rd party toolbars or scripts to access the Service.
- Third party software and services may be made available for users convenience. To use third party services You will need to agree to the terms and conditions of the third party provider. The agreement to use such will be solely between You and the third party provider. Heliostorm Digital Media, Inc. makes no representations or warranties concerning, and is not liable or responsible in any manner for third party performance, effectiveness or other aspects of the third party software/service.
IV. Content Submitted
When You use the Service, You are agreeing to participate in a community who enjoy sharing their Content. Any of Your uploaded Content and Your created Outfits will be available for public viewing with an irrevocable, royalty-free, nonexclusive, license to use, reproduce, distribute, and publish. By uploading graphical images or making comments, You affirm the following:
- You have copyright permissions to the content.
- You will not transmit unsolicited advertising.
- The image or text is not abusive, defamatory, illegal, offensive or objectionable. We reserve the right at Our sole discretion to decide what is acceptable Content.
- You will not upload personally identifying information about yourself or others, including name, address or phone number in Your Content.
- You indemnify and hold Us harmless, Our owners, partners, affiliates and associates from any and all claims resulting from any Content that You supply.
- You agree not to remove, obscure, or alter copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Content generated at the Service.
We ask that you participate in ensuring that all Users follow the Terms by reporting any Content that violates these Terms. All pages have a clickable button to flag an item for copyright infringement or inappropriate content or you may email email@example.com.
V. Termination & Refund Policy
We may at Our sole discretion, terminate Your Account (or any part thereof) or Your use of the Service without refund, and remove and discard any content at any time, without notice, for any reason, including: conduct that violates these Terms or other policies or guidelines set forth elsewhere within the Website, conduct We believe is harmful to other users, the business of Heliostorm Digital Media, Inc. or its affiliates, or failure to maintain active participation in the service. We will not be liable to You or any third-party for any termination of Your access to the Service.
VI. Trademark info & Copyright
We will take appropriate steps to protect the intellectual property rights of third parties if we receive written notice of the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the material that Your claim is infringing is located in the Service;
- Your address, telephone number, and email address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Claims of infringement should be addressed toHeliostorm Digital Media, Inc.
10962 130 ST
Disclaimer of Warranty
(A) No Liability for Content
IN NO EVENT WILL HELIOSTORM DIGITAL MEDIA, INC. OR THEIR AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (i) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (ii) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
(B) Exclusive Remedy
ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, HELIOSTORM DIGITAL MEDIA, INC. AND THEIR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HELIOSTORM DIGITAL MEDIA, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. HELIOSTORM DIGITAL MEDIA, INC. MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
Limits of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, WE WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM USER INABILITY TO USE THE SERVICE, COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, UNAUTHROIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE.
Indemification or Indemnity
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS HELIOSTORM DIGITAL MEDIA, INC. ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES DAMAGES AND COSTS, INCLUDING REASONABLE FEES ON A SOLICITOR/CLIENT BASIS, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
Choice of Law or Location of Lawsuit
The provincial and federal courts of Alberta Canada are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to the Service or these Terms. You consent to personal jurisdiction and venue by the province and federal courts of the Province of Alberta. Our failure to enforce any right under these Terms will not waive that right. If any provision of this agreement is invalid, the Terms should be interpreted to effect the intent of the parties, and the remaining provisions will remain in effect. You must file any claim or suit related to the Service within one year after it arises. The section titles in these Terms are for convenience only and have no substantive effect.
The Service is controlled by Heliostorm Digital Media, Inc. from offices within Canada. We make no representation that the content or materials of the Service are appropriate or available for use in other jurisdictions. Access to the Service from jurisdictions where such access is illegal is prohibited. If you choose to access this Service from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any violations of law.
X. Modification of Terms
We may modify these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. By accessing, using or visiting the Website or Service, You agree to be bound by any such revisions and should therefore periodically review the then current terms and conditions to which You are bound. Any amendments or modifications made by Us will be prospective only.