FASHED TERMS & CONDITIONS

These Terms of Service ("Terms") govern your access to and use of Fashed's website, products and services (Products"). Please read these Terms carefully. If you have any questions, please contact us. By accessing or using our Products, you agree to be bound by these Terms and our Privacy Policy.

FASHED'S SERVICE, PRODUCTS, AND BRAND

Fashed's service and products are protected by patent, copyright, trademark and other laws. Fashed gives you a personal, worldwide, non-assignable license to use the software we provide you for your own personal, non-commercial use. This license lets you use Fashed solely as permitted by these Terms.

FASHED'S SERVICE, PRODUCTS, AND BRAND

Unauthorized use of any of Fashed's trademarks, logos, domain names or other distinctive brand features is prohibited.

Using Fashed

You may use our Products only if you can form a binding contract with Fashed, and only in compliance with these Terms and all applicable laws. By forming a binding contract with Fashed, you formally declare that are you physically able to use Fashed without direct or indirect adverse health effects. Please read about our Health Warning. When you create your Fashed account, you must provide us with accurate and complete information. Any account registration or access or use of a registered account by anyone under the age of 16 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

Objectionable Content

For any circumstance in which you are permitted to add your own, user generated content to Fashed, either via Fashed's products directly or through a third-party site by which content is uploaded onto that third party site and displayed on Fashed, you are strictly forbidden from posting any content that portrays violence, full nudity, hate speech, discrimination, pornography or infringement, which constitutes Fashed's definition of 'Objectionable Content'.

Fashed takes a zero tolerance policy in regards to objectionable content. Posting of objectionable content will result in immediate termination of your account.

If you observe objectionable content on Fashed, you are urged to contact Fashed via this form and submit information about the incident, including the offending user's Display Name, a brief description of the offense and the approximate time in which it was discovered.

DISCLAIMERS

Fashed is provided "as is" without any warranties, express or implied.

Fashed disclaims all warranties and conditions of merchantability, suitability for a particular purpose and non-infringement.

Limitation of Liability

To the fullest extent allowed by law, Fashed shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses resulting from (A) your access to, use of, inability to access or inability to use Fashed; (B) any third party conduct or content on Fashed, including any defamatory, offensive or illegal conduct of third parties; or (C) any unauthorized access, use or alteration of your content, Fashed content or third-party content.

Arbitration

If you become disgruntled with Fashed for any reason, please give us the opportunity to address your concerns informally. We strongly encourage you to contact us at info@fashed.com, and we’ll do our best to resolve the dispute in good faith.

If we aren’t able to solve the problem that way, we both agree that we will resolve any claims arising from these Terms or the Fashed service by final and binding arbitration through the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes.

The arbitration will take place in the United States county where you live or work, Los Angeles, California or another location we both agree upon. Either of us may file a lawsuit in court solely for injunctive relief against the other to stop misuse of Fashed or intellectual property infringement without first going through arbitration.

You agree to resolve any dispute you have with us on an individual basis in arbitration, and not as a class arbitration, class action or consolidated proceeding of any kind.

Governing Law and Jurisdiction

These Terms will be governed by the laws of the State of California, except for its conflict of laws principles.

For claims that aren’t subject to arbitration, we each agree that any such claims shall be litigated exclusively in a state court located in Los Angeles, California or in the United States District Court for the Central District of California, and you consent to personal jurisdiction in those courts.

GENERAL TERMS

Notification Procedures and changes to these Terms

Fashed reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fashed without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Fashed in connection with the Products, shall constitute the entire agreement between you and Fashed concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Fashed's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.