Terms of Service

This Statement of Rights and Responsibilities (Statement) derives from the thefashiondiary.com Principles, and governs our relationship with users and others who interact with thefashiondiary.com By using or accessingthefashiondiary.com, you agree to this Statement.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use thefashiondiary.com to share with others and how we collect and can use your content and information.  We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

2. Sharing Your Content and Information

You own all of the content and information you post on thefashiondiary.com, and you can control how it is shared through your privacy and application settings. In addition:

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with thefashiondiary.com (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you use an application, your content and information is shared with the application.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.  (To learn more about Platform, read our Privacy Policy and Platform Page.)

When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of thefashiondiary.com, to access and use that information, and to associate it with you (i.e., your name and profile picture).

We always appreciate your feedback or other suggestions about thefashiondiary.com, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

 

4. Registration and Account Security

thefashiondiary.com users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will keep your contact information accurate and up-to-date.

5.  Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.

  • You will not post content or take any action on thefashiondiary.com that infringes or violates someone else’s rights or otherwise violates the law.
  • We can remove any content or information you post on thefashiondiary.com if we believe that it violates this Statement.
  • We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
  • If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  • If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
  • You will not use our copyrights or trademarks (including TheFashionDiary.com, the TFD and TFDIARY Logos,, or any confusingly similar marks, without our written permission.
  • If you collect information from users, you will: obtain their consent, make it clear you (and notthefashiondiary.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  • You will not post anyone’s identification documents or sensitive financial information on thefashiondiary.com.
  • You will not tag users or send email invitations to non-users without their consent.

6.  Payments

  • If you make a payment on thefashiondiary.com you agree to our Payments Terms.
  • If you include our Share Link button on your showroom, the following additional terms apply to you:
  • We give you permission to use thefashiondiary.com Share Link button so that users can post links or content from your website on thefashiondiary.com.
  • You give us permission to use and allow others to use such links and content on thefashiondiary
  • You will not place a Share Link button on any page containing content that would violate this Statement if posted on thefashiondiary

 

8. About Advertisements and Other Commercial Content Served or Enhanced by the fashion diary

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

  • You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
  • We do not give your content or information to advertisers without your consent.
  • You understand that we may not always identify paid services and communications as such.

9. Special Provisions Applicable to Advertisers

You can target your specific audience by buying ads on thefashiondiary or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal (Order):

  • When you place an Order, you will tell us the type of advertising you want to buy and the amount you want to spend. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
  • In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
  • You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
  • Your ads will comply with our Advertising Guidelines.
  • We will determine the size, placement, and positioning of your ads.
  • We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
  • We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.  We do, however, have systems to detect and filter certain suspicious activity
  • You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running.  You are responsible for paying for those ads.
  • Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
  • We can use your ads and related content and information for marketing or promotional purposes.
  • You will not issue any press release or make public statements about your relationship withthefashiondiary.com without written permission.
  • We may reject or remove any ad for any reason.
  • If you are placing ads on someone else’s behalf, we need to make sure you have permission to place those ads, including the following:
  • You warrant that you have the legal authority to bind the advertiser to this Statement.
  • You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
  • Special Provisions Applicable to Pages
  • If you create or administer a showroom on thefashiondiary.com, you agree to our showroom Terms.

10.  Amendments

We can change this Statement if we provide you notice (by posting the change on thefashiondiary.com Site Governance Page) and an opportunity to comment.  To get notice of any future changes to this Statement, visit  thefashiondiary.com

For changes to sections 7, 8, 9, and 11 (sections relating to payments, application developers, website operators, and advertisers), we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice. All such comments must be made on thefashiondiary.com Site Governance Page.

We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.

11.  Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of thefashiondiary.com to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 14-18.

12.  Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or thefashiondiary.com exclusively in a state or federal court located in the County of New York. The laws of the State of New York will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in New York, for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions, content or information on thefashiondiary you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

WE TRY TO KEEP THEFASHIONDIARY.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THEFASHIONDIARY.COM AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THEFASHIONDIARY.COM WILL BE SAFE OR SECURE.THEFASHIONDIARY.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THEFASHIONDIARY.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THEFASHIONDIARY.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THEFASHIONDIARY.COM LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

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