TERMS OF USE

Welcome to FashWire.com. FashWire.com provides Website features to you subject to the following conditions. If you visit or become a member at FashWire.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future FashWire.com service or business, you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, such Terms will control.

 

Privacy
Please review our Privacy Policy, which also governs your visit to FashWire.com, to understand our practices.

Electronic Communications
When you visit FashWire.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio, data compilations and software, is the property of FashWire.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of FashWire.com and protected by U.S. and international copyright laws. All software used on this site is the property of FashWire.com or its software suppliers and protected by United States and international copyright laws.

Trademarks
FashWire.com graphics, logos, page headers, button icons, scripts and service names are trademarks, registered trademarks or trade dress of FashWire.com in the U.S. and/or other countries. FashWire.com trademarks and trade dress may not be used in connection with any product or service that is not FashWire.com in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FashWire.com. All other trademarks not owned by FashWire.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FashWire.com.

License and Site Access
FashWire.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FashWire.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FashWire.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FashWire.com without written consent. You may not use any meta tags or any other “hidden text” utilizing the FashWire.com name or trademarks without the written consent of FashWire.com. Any unauthorized use terminates the permission or license granted by FashWire.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FashWire.com so long as the link does not portray FashWire.com, or its products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any FashWire.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Member Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use FashWire.com only with involvement of a parent or guardian. FashWire.com reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content
Where this site permits, visitors may post reviews, comments, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. FashWire.com reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant FashWire.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FashWire.com and its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FashWire.com for all claims resulting from content you supply. FashWire.com has the right but not the obligation to monitor and edit or remove any activity or content. FashWire.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints
FashWire.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@FashWire.com.

Product Descriptions
FashWire.com attempts to be as accurate as possible. However, FashWire.com does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free. If a service offered by FashWire.com itself is not as described, your sole remedy is to contact us at info@FashWire.com

Third Parties
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. FashWire.com does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other Terms of Service.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FASHWIRE.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FASHWIRE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR — USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FASHWIRE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FASHPLAY.COM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM FASHWIRE.COM ARE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. FASHWIRE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE — USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law
By visiting FashWire.com you agree that the Federal Arbitration Act, applicable federal law and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and FashWire.com.

Disputes
Any dispute or claim relating in any way to your visit to FashWire.com or to products or services sold or distributed by FashWire.com or through FashWire.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the conditions of these Terms of Service as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, FashWire.com will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. 

Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your visit to FashWire.com. We reserve the right to make changes to our site, policies and these Terms of Service at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address:

FashWire.com
3308 West McGraw Street
Seattle, Washington 98199

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Local (206) 457-5088

Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FashWire.com’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying FashWire.com that your copyrighted material has been infringed. 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 your claim has been infringed upon; A description of where the material that you claim is infringing is located on the site; Your address, telephone number and e-mail 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.

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