FashionGun.com Terms and Conditions of Use
Thank you for using FashionGun! These Terms and Conditions ("Terms") govern your relationship with and use of the FashionGun website and related services (collectively, "Services"), so please read them carefully. By using the Services you agree to be bound by these Terms as well as all applicable laws and regulations. If you are using the Services on behalf of an organization, corporation or other entity, you are agreeing to these Terms on behalf of that entity, and representing that you have the authority to bind that entity to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. You may also not access or use the Services, without FashionGun's prior written consent: (i) if you are a direct competitor of FashionGun; (ii) to monitor the availability, functionality or performance of the Services; or (iii) for benchmarking or any other competitive purpose.
1. General Conduct. In connection with your use of the Services, you agree to abide by these Terms and all applicable state, national and foreign laws and regulations. In addition, you agree to not: (a) use the Services to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest or collect information about the users of the Services or use such information for the purpose of transmitting or facilitating the transmission of unsolicited bulk electronic mail or communications; (c) use the Services to post or transmit unlawful, harassing, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature, or material which is harmful to minors in any way; (d) use the Services to post or transmit any material that may infringe or violate the intellectual property rights or other rights of third parties; (e) use the Services to post or transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs; (f) interfere with or disrupt servers or networks connected with the Services, or violate the policies and procedures of such networks; (g) attempt to gain unauthorized access to the Services or other accounts, computer systems or networks connected thereto, through password mining or other means; or (h) harass or interfere with another user's use and enjoyment of the Services. Nothing in these Terms shall create an obligation on FashionGun's part to monitor or police the Services for violations thereof, or to take any punitive or remedial action in response thereto.
2. Your License to Use FashionGun. Subject to these Terms, you are hereby granted a personal, nontransferable, non-exclusive, revocable license to use the Services solely for their intended use. Under this license you may not, without FashionGun's prior written consent: (a) modify or copy the information or materials on FashionGun's website (collectively, "Materials"); (b) use the Materials for any commercial purpose or any public display; (c) attempt or allow others to decompile, reverse engineer, reverse compile, disassemble, modify, adapt, translate, create derivative works from, sell, rent, lease, loan, time-share, distribute or sublicense any software contained on FashionGun's website; (d) remove any copyright or proprietary notations from the Materials; or (e) transfer the Materials to another person or "mirror" the materials on any other server. You understand that FashionGun may, at its sole discretion, limit, deny, or create different levels of use or charges for different users, or cancel some or all of the functionality of the Services at any time and without prior notice. This license shall automatically terminate if you violate any of these restrictions, at which point you must destroy any downloaded Materials in your possession, whether in electronic or printed format.
3. Website and Content Ownership. FashionGun and/or its licensors own all right, title and interest, including intellectual property rights in and to the Services. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information you provide to FashionGun relating to the Services will be automatically assigned to and owned exclusively by FashionGun. FashionGun reserves all rights not expressly granted hereunder. You own all the content and information you post in connection with the Services ("Content"). By using the Services, you grant FashionGun a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license ("IP License") to use any content that you post on or in connection with the Services.
4. Registration and Account Security. In connection with the Services, you agree: (a) you will not use the Services if you are under 13; (b) you will not provide false information or create an account for anyone other than yourself without their permission; (c) you will not create more than one personal account; (d) that if we disable your account, you will not create another one without permission; (e) you will not use the Services if you are a convicted sex offender; (f) you will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account; and (g) if you select a user name or identifier for your account that FashionGun, in its sole discretion, deems inappropriate, we reserve the right to remove it.
7. Term and Termination. Your right to use the Services automatically terminates upon your breach of these Terms. In addition, FashionGun may terminate, for any reason or no reason, the licenses granted hereunder and the availability of the Services. Sections 2, 3, 4, 8, 9, 10, 13, 14, and 15 shall survive the termination of these Terms.
8. Disclaimer of Warranties. FashionGun PROVIDES THE SERVICES 'AS IS', WITH NO EXPRESS, STATUTORY OR IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND. FashionGun SPECIFICALLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS RELATED TO THE SERVICES OR THESE TERMS. FashionGun DOES NOT WARRANT THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE, AND MAKES NO WARRANTIES REGARDING THE COMPLETENESS, ACCURACY OR AVAILABILITY THEREOF. NEITHER FashionGun NOR ITS PARTNERS OR AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS OR ACCURACY OF ANY MATERIALS OR OTHER INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES, AND YOU AGREE THAT YOU WILL NOT RELY ON SUCH MATERIAL OR INFORMATION FOR ANY PURPOSE. This disclaimer of warranties constitutes an essential part of these Terms.
9. Limitation of Liability. NEITHER FashionGun NOR ITS PARTNERS, AFFILIATES OR LICENSORS SHALL BE LIABLE UNDER ANY THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, REGARDLESS OF THE THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, EVEN IF FashionGun OR ITS PARTNERS, AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. IF UNDER APPLICABLE LAW THE FOREGOING LIMITATION OF LIABILITY IS NOT ENFORCEABLE, THEN THEY SHALL BE DEEMED REFORMULATED TO LIMIT FashionGun's LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Some jurisdictions prohibit the exclusion or limitation of liability for damages, so the above limitations may not apply to you and you may have other legal rights that vary by jurisdiction. This limitation of liability constitutes an essential part of these Terms.
10. Indemnification. You hereby agree to indemnify and hold harmless FashionGun and its partners, affiliates and licensors, and any party whom FashionGun may be required to indemnify, against any claim, damage, loss, liability or expense, including attorneys' fees, arising from or relating to your use of the Services in any way contrary to these Terms, including but not limited to your infringement of the intellectual property rights of others.
11. Modification of Terms. FashionGun reserves the right, at its sole discretion, to change, amend or modify these Terms and the policies relating to the Services at any time. You are responsible for regularly reviewing these Terms and shall be deemed to have been notified of these changes upon the posting an updated version of these Terms on the Site. Your continued use of the Services after any changes shall constitute your acceptance of such.
12. Notices. All notices, requests or other communications required to be given under these Terms must be in writing. FashionGun may give notice by means of a general notice on the Site. You may give notice to Fashion Gun by email or pre-paid post to the following addresses, as may be updated from time to time in these Terms:
- 4458 Winona Ave
- San Diego, CA 92115
13. Arbitration. You agree that any dispute or claim arising out of or relating to these Terms or the use of the Services will be completely and finally settled on an individual basis through binding arbitration, to be conducted in San Diego, California (or at such other location as the parties may agree) under the commercial arbitration rules (then prevailing) of the American Arbitration Association, by one arbitrator appointed in accordance with those rules. The arbitrator will apply the law specified in Section 15 to the merits of any dispute or claim. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. The arbitrator shall have exclusive jurisdiction as to the arbitrability of any claims. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator may grant permanent injunctions or other relief in such dispute or claim; provided that the arbitrator may not grant licenses to any intellectual property owned by either party nor may the arbitrator award punitive damages. Notwithstanding the foregoing, without breach of this arbitration provision either party may apply to any court of competent jurisdiction to collect amounts due, for temporary injunctive relief, or to enforce such party's intellectual property rights.
14. Attorney's Fees. In the event either party brings a claim arising from or relating to these Terms or your use of the Services in a venue or manner other than that set forth in Section 13, and an order is entered dismissing that claim or transferring or ordering it to arbitration, the party requesting that order shall be entitled to its reasonable attorney's fees and costs incurred in connection with having such claim dismissed or transferred, or in defending the validity or enforceability of Section 13 or this Section 14, from the party bringing the claim.
15. Choice of Law; Severability; Waiver; Entire Agreement; Assignment. These Terms shall be governed in all respects by the laws of the State of California, without application of the conflict of law principles thereof. If any provision of these Terms is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby. No waiver by either party of the breach of these Terms will be valid or binding unless made in writing and signed by the party prejudiced thereby. These Terms constitute the entire agreement with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written agreements concerning such subject matter. You may not assign or transfer these Terms, your rights hereunder without FashionGun's prior written consent. FashionGun may transfer its rights, responsibilities or liabilities arising hereunder or relating to the Services at any time.