1. Acceptance of Terms.

PLEASE READ THESE TERMS OF USE AND FASHION BISCUIT'S PRIVACY POLICY CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF ANY CONTENT YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. FASHION BISCUIT CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

 

You are also subject to the Fashion Biscuit Privacy Policy.

 

These Terms of Use are effective as of August 1, 2011.

 

 

2. Use and Restrictions.

The Site is provided solely as a convenience to you for non-commercial use. You may use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Fashion Biscuit, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of the Site. You further agree that you will not: (a) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (b) other than for your use of the Site as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; or (c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site.

 

Fashion Biscuit makes no claims that the Content on the Site is appropriate or may be downloaded outside of the United States. Access to the Site by certain persons in certain countries may not be legally allowed. If you access the Site outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

 

3. Copyright

The Content and the Site, as well as the selection and arrangement thereof, are the sole property of Fashion Biscuit and/or its licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Fashion Biscuit's express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, Fashion Biscuit grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright and other proprietary notices on the Content. Any Content owned by Fashion Biscuit's licensors may be subject to additional restrictions.

 

 

4. Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to Fashion Biscuit or such marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Fashion Biscuit, and you may not remove or otherwise modify any trademark notices from any Content.

 

 

5. Submissions

Fashion Biscuit welcomes your feedback at various places in the Site ("Submissions"). You agree that when submitting feedback, you will not violate the rights of third parties, including without limitation, privacy, proprietary or intellectual property rights, and you will not submit libelous, obscene, abusive, or otherwise illegal materials.

 

Any Submissions or other material you send to the Site by e-mail or other means, including your questions or comments, is considered non-confidential. By sending Submissions to this Site, you grant Fashion Biscuit a royalty-free, perpetual, non-exclusive license to use, reproduce, modify, edit, distribute, perform and display any communication or other materials you transmit to the Site (and the ideas contained in such material) for any purpose, anywhere, including without limitation reproducing, posting or publicizing such material or using such material for marketing purposes.

 

This list of prohibitions provides examples and is not complete or exclusive. Fashion Biscuit reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Fashion Biscuit determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. Fashion Biscuit may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Fashion Biscuit's discretion, Fashion Biscuit will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

 

These prohibitions do not require Fashion Biscuit to monitor, police or remove any Submissions or other information submitted by you or any other user.

 

 

6. Modifications

Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Fashion Biscuit reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.

 

 

7. Links to Third Party Websites

The Site may contain links to websites and other resources operated by third parties other than Fashion Biscuit. Such links are provided solely as a convenience to you. Fashion Biscuit does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

 

 

8. Warranties and Disclaimer

THE SITE, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FASHION BISCUIT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FASHION BISCUIT DOES NOT REPRESENT OR WARRANT THAT THE SITE, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO FASHION BISCUIT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

 

 

9. Limitation of Liability

FASHION BISCUIT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

 

10. Copyright and Trademark Infringements

Notification:
Fashion Biscuit respects the intellectual property rights of others, and we ask you to do the same. Fashion Biscuit may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Fashion Biscuit's designated agent the following information:

  • • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • • 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 at the Site, and information reasonably sufficient to permit Fashion Biscuit to locate the material.
  • • Information reasonably sufficient to permit Fashion Biscuit to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • • 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 owner of an exclusive right that is allegedly infringed.

 

 

11. Governing Law

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Site and/or the Content must and will be venued exclusively in New York, NY. These Terms of Use and the relationship between you and Fashion Biscuit will be governed by the laws of the State of New York without giving effect to principles of conflict of laws of any jurisdiction.

 

 

12. Miscellaneous

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. The official language of these Terms of Use exclusively shall be, and all communications and agreements between Fashion Biscuit and you and any proceedings in connection with these Terms of Use and/or your use of the Site, exclusively shall be made in, the English language. Fashion Biscuit and you waive any rights they may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fashion Biscuit as a result of these Terms of Use, our Privacy Policy or any use of the Site. Fashion Biscuit's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Fashion Biscuit's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fashion Biscuit with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Fashion Biscuit with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fashion Biscuit with respect to the Site.