Terms of Service

Date of Last Revision: October 21, 2009
By using or accessing thefashionlobby.com, you agree to this Terms of Service.

1.Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use thefashionlobby.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 thefashionlobby.com, and you can control how it is shared through your privacy and application settings. In addition:

  1. 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 thefashionlobby.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.
  2. 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).
  3. When you add an application, your content and information is shared with the application. We require applications to respect your privacy settings, but your agreement with that application will control how the application can use the content and information you share.
  4. When you publish content or information using the "everyone" setting, it means that everyone will have access to that information and we may not have control over what they do with it.
  5. We always appreciate your feedback or other suggestions about thefashionlobby.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).

 

3.Safety

We do our best to keep thefashionlobby.com safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

  1. You will not send or otherwise post unauthorized commercial communications (such as spam) on thefashionlobby.com.
  2. You will not collect users' content or information, or otherwise access thefashionlobby.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on thefashionlobby.com.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
  8. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
  9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on thefashionlobby.com without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
  10. You will not use thefashionlobby.com to do anything unlawful, misleading, malicious, or discriminatory.
  11. You will not do anything that could disable, overburden, or impair the proper working of thefashionlobby.com, such as a denial of service attack.
  12. You will not facilitate or encourage any violations of this Statement.

4.Registration and Account Security

Thefashionlobby.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:

  1. You will not provide any false personal information on thefashionlobby.com, or create an account for anyone other than yourself without permission.
  2. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
  3. You will not use thefashionlobby.com if you are under 13.
  4. You will not use thefashionlobby.com if you are a convicted sex offender.
  5. You will keep your contact information accurate and up-to-date.
  6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  7. You will not transfer your account to anyone without first getting our written permission.
  8. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
  9. Protecting Other People's Rights

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

  1. You will not post content or take any action on thefashionlobby.com that infringes or violates someone else's rights or otherwise violates the law.
  2. We can remove any content or information you post on thefashionlobby.com if we believe that it violates this Statement.
  3. If you feel your intellectual rights have been violated, contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , with a complete write-up of the situation.
  4. 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.
  5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  6. You will not use our copyrights or trademarks (including thefashionlobby.com, the thefashionlobby and Logos, etc), or any confusingly similar marks, without our written permission.
  7. If you collect information from users, you will: obtain their consent, make it clear you (and not thefashionlobby.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  8. You will not post anyone's identification documents or sensitive financial information on thefashionlobby.com.

 

6.Special Provisions Applicable to Links

If you include a Link on your website, the following additional terms apply to you:

  1. We give you permission to use thefashionlobby.com so that users can post links or content from your website on thefashionlobby.com
  2. You give us permission to use such links and content on thefashionlobby.com
  3. You will not place a link on any page containing content that would violate this Statement if posted on thefashionlobby.com

7.Special Provisions Applicable to Developers/Operators of Applications and Websites

If you are a developer or operator of a Platform application or website, the following additional terms apply to you:

1. You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our Platform Guidelines and our Advertising Guidelines.
2. Your access to and use of data you receive from thefashionlobby.com, will be limited as follows:
1.You will only request data you need to operate your application.
2.
3.You will make it clear to users what user data you are going to use and how you will use, display, or share that data
4.You will not use, display, or share a user's data in a manner inconsistent with the user's privacy settings.
5.You will delete all data you received from us relating to any user who deauthorizes, disconnects, or otherwise disassociates from your application unless otherwise permitted in our Platform Guidelines.
6.You will delete all data you received from thefashionlobby.com if we disable your application or ask you to do so.
7.We can require you to update any data you have received from us.
8.We can limit your access to data.
9.You will not transfer the data you receive from us (or enable that data to be transferred) without our prior consent.
3. You will not give us information that you independently collect from a user or a user's content without that user's consent.
4. You will make it easy for users to remove or disconnect from your application.
5. You will make it easy for users to contact you. We can also share your email address with users.
6. You will provide customer support for your application.
7. You will not show third party ads or web search boxes on thefashionlobby.com user profiles or Pages.
8. We give you all rights necessary to use the code, APIs (along with all data received), or tools we provide to you, but only in connection with your application.
9. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
10. You will not misrepresent your relationship with thefashionlobby.com to others.
11. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Platform Guidelines.
12 We can issue a press release describing our relationship with you.
13. You will comply with all applicable laws. In particular you will (if applicable):
1.have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
2.comply with the Video Privacy Protection Act ("VPPA"), and will obtain explicit, opt-in consent from users prior to sharing with thefashionlobby.com user data subject to the VPPA. You acknowledge thefashionlobby.com has no obligations under the VPPA.
14. We do not guarantee that Platform will always be free.
15. You give us all rights necessary to enable your application to work with F thefashionlobby.com, including the right to incorporate content you provide to us into streams, profiles, and user action stories.
16. You give us the right to link to or frame your application and place content, including ads, around your application.
17. We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
18. To ensure your application is safe for users, we can audit it.
19. We can create applications that offer similar features and services to, or otherwise compete with, your application.

8.Special Provisions Applicable to Advertisers

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

  1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
  2. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
  3. Your ads will comply with our Advertising Guidelines.
  4. We will determine the size, placement, and positioning of your ads.
  5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
  6. 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.
  7. You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
  8. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
  9. We can use your ads and related content and information for marketing or promotional purposes.
  10. You will not issue any press release or make public statements about your relationship with thefashionlobby.com without written permission.
  11. We may reject or remove any ad for any reason.
  12. 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:
  13. You warrant that you have the legal authority to bind the advertiser to this Statement.
  14. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

 

9.Amendments

  1. We can change this Statement without notice.
  2. We can make changes for legal or administrative reasons upon notice without opportunity to comment.

10.Termination

If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of thefashionlobby.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 or disable your application at any time.

11.Disputes

  1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or thefashionlobby.com exclusively in a state or federal court located in Pinellas County. The laws of the State of Florida 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 Pinellas County, Florida for the purpose of litigating all such claims.
  2. If anyone brings a claim against us related to your actions, content or information on thefashionlobby.com, 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.
  3. WE TRY TO KEEP THEFASHIONLOBBY.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THEFASHIONLOBBY.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 THEFASHIONLOBBY.COM WILL BE SAFE OR SECURE. THEFASHIONLOBBY.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. 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 THEFASHIONLOBBY.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THEFASHIONLOBBY.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, THEFASHIONLOBBY.COM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

12.Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:

  1. You consent to having your personal data transferred to and processed in the United States.
  2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on thefashionlobby.com (such as advertising or payments) or operate a Platform application or website.

 

13.Definitions

  1. By " thefashionlobby.com " we mean the features and services we make available, including through (a) our website at www.thefashionlobby.com and any other thefashionlobby.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
  2. By "us," "we" and "our" we mean thefashionlobby.com.
  3. By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services, including Connect and RSS feeds, to retrieve data from thefashionlobby.com or provide data to us.
  4. By "information" we mean facts and other information about you, including actions you take.
  5. By "content" we mean anything you post on thefashionlobby.com that would not be included in the definition of "information."
  6. By "data" we mean content and information that third parties can retrieve from thefashionlobby.com or provide to thefashionlobby.com through Platform.
  7. By "post" we mean post on thefashionlobby.com or otherwise make available to us (such as by using an application).
  8. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  9. By "active registered user" we mean a user who has logged into thefashionlobby.com at least once in the previous 30 days.
  10. By "application" we mean any application or website (including Connect sites) that uses or accesses Platform, as well as anything else that receives data.

 

14.Other

  1. This Statement makes up the entire agreement between the parties regarding thefashionlobby.com, and supersedes any prior agreements.
  2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  3. If we fail to enforce any of this Statement, it will not be considered a waiver.
  4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
  5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
  6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  7. Nothing in this Statement shall prevent us from complying with the law.
  8. This Statement does not confer any third party beneficiary rights.




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