www.fashitrashit.com Terms Of Use

These Terms of Use ("Terms") govern your access to and use of the www.fashitrashit.com services, including our website, email notifications or messaging, and mobile applications (collectively, the “Services”), as well as any information, text, graphics, photos, media, or other materials that you submit, post, or otherwise make available through the Services (collectively, the “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms, which also incorporate our Privacy Policy and all other rules, policies, and procedures that we may publish through our Services from time to time.

Your use of our Services and any submission of Content shall confirm your agreement and acceptance of the Terms of Use and our Privacy Policy. You agree to be bound by these Terms of Use in accessing or using the Services in any way. If you do not accept or agree to comply with these Terms of Use, you must immediately discontinue your use of the Services and remove any of your comments or content that has been uploaded.

1. BASIC TERMS. By accessing or using the Services, you represent and warrant that you are an individual of legal age to form a binding contract or the authorized agent on behalf of a company, organization, government, or other legal entity, and that all registration information you submit is accurate and truthful. This provision is void where prohibited by law, and the right to access the Service in such jurisdictions is revoked. By using the Services, you represent and warrant that your use of the Services does not violate any applicable law or regulation. We may, in our sole discretion, refuse to offer the Service to any person or entity, and/or change our eligibility criteria at any time.

  1. REGISTRATION. To access, view, or use the Services, you must register on our website by creating an account (“Account”). Information that you provide during registration must be accurate, complete, and updated. You shall not (i) select or use as a username a name of another person or entity with the intent to impersonate that person or entity; (ii) use as a username any name that is otherwise offensive, vulgar or obscene. We reserve the right, in our sole discretion, to refuse registration of or cancel a username at any time. Any failure to comply with these terms of registration shall constitute a breach of the Terms of Use, which may result in the termination of your Account.

  2. LICENSE AND RIGHTS. Upon your successful registration for the Services, we agree to grant you a personal, non-exclusive, worldwide, royalty-free, and non-assignable license to use the Services on an as-is basis and in a manner that is compliant with all applicable terms, rules, policies, laws, and procedures. You agree to automatically grant us a non-exclusive, worldwide, royalty-free, perpetual license to use the Content submitted on your Account in any way, whether in whole or in part, and in any medium or format now known or hereafter developed, and which shall include the rights to reproduce, edit, modify, adapt, translate, reformat, create derivative works from, incorporate into other works, advertise, distribute, display, and otherwise exploit such Content, and to make such Content available to other individuals, companies, organizations, and Account holders who partner with us.

4. RULES OF USE. You are solely responsible for maintaining the confidentiality of your Account password and for any and all activity that occurs on your Account, including Content you provide, and by extension, any consequences for the use of your Content by us, other Account holders, and our third-party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners, and that you may be subject to liability if you did not have the right or authority to submit Content through the Services. We will not be responsible or liable for any use by us of your Content in accordance with these Terms. You represent and warrant that you have all the right, power, and authority necessary to grant the rights herein to any Content that you submit. Furthermore, you hereby agree not to post any Content which:

  1. Contains images or language that could be deemed offensive, abusive, insulting, threatening, obscene, pornographic, or that is likely to offend, harass, upset, embarrass, defame, or which promotes or encourages racism, sexism, hatred, bigotry, terrorism, or the commission of any criminal offense;

  2. Impersonates any person or entity;

      c. Is false, misleading, untruthful or inaccurate;

  1. Relates to commercial activities, such as advertisements, affiliate links, and other forms of unauthorized solicitation;

  2. Constitutes unauthorized or unsolicited advertising, junk, bulk, or spam;

  3. Contains software viruses, spyware, adware, corrupt files, worms, Trojan horses, or other malicious code or materials designed or intended to interrupt, damage, limit, or interfere with the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, or wrongly intercept, or expropriate any data or personal information;

  4. Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or that violates any law or contractual duty;

5. CONTENT ON SERVICES. We have no obligation to monitor or control the Content posted through the Services and do not endorse, take responsibility for, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content posted through the Services, or endorse any opinions expressed thereon. Any use or reliance by you on any Content posted through the Services is at your own risk. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, inappropriate, mislabeled or be otherwise deceptive. Under no circumstances will we be liable, in any way, for any Content, loss or damage of any kind incurred as a result of the use of or reliance on any Content made available through the Services. We do reserve the right to investigate and take legal action against anyone who, in our sole discretion, violates these Terms by posting Content that violates the above Rules of Use or violates any third party copyrights or trademark or by further partaking in activities via the Services that we feel are prohibited or illegal. We may at any time without notice, remove the offending Content from the Services and terminate the Accounts of the violators.

6. THIRD PARTY SITE. The Services may permit you to link to other websites or resources on the Internet at your own risk. These other websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association with its operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.

7. INTELLECTUAL PROPERTY. You agree that the Service contains Content specifically provided by us, our partners and the users of the Service and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.


8. TERMINATION. We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your account, you may do so by following the instructions on the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. WARRANTY DISCLAIMER. We have no special relationship with or fiduciary duty to you. Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) the correction of any defects or errors; any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

10. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

11. INDEMNIFICATION. You shall defend, indemnify, and hold us harmless, and our affiliates and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services and Content, violation of the Terms of Use, or infringement by you, or any third party using the your Account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

12. ELECTRONIC DELIVERY/NOTICE POLICY AND CONSENT. By using the Services, you consent to receive from Company all communications including notices, agreements, legally required disclosures or other information in connection with the Website or Services (collectively, "Notices") electronically. Company may provide such electronic Notices by posting them on the Website. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Company Website and Services.

13. GOVERNING LAW. These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that we (and all Services) are deemed a passive website that

 

does not give rise to personal jurisdiction over Company or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Illinois. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Cook County in the State of Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

14. ENTIRE AGREEMENT. These Terms, which also incorporate our Privacy Policy and all other rules, policies, and procedures, are the entire agreement between you and us with respect to the Services and rights granted hereunder and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the same. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

15. MODIFICATIONS. Company may modify or replace any of the Terms in this Agreement, at its sole discretion, from time to time, and such modification shall be effective upon posting of a notice on the Website. Your continued use of the Services after a published modification or revision of the Terms signifies your acceptance of the new terms contained therein.

16. MISCELLANEOUS. The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.