Fashion Wire Daily, Inc
Welcome to the Fashion Wire Daily, Inc Site. These are the terms and conditions of use ("Terms and Conditions") that you must follow as a User of this Site. Your Use of this Site indicates your acceptance of these terms and conditions.
Fashionwiredaily.com is a web site and multi-media/electronic mail/news service ("Service") which operates from an Internet website with a homepage at http://www.fashionwiredaily.com ("Site") and via other electronic Media. The Site is operated by Fashion Wire Daily, Inc ("FWD"). The Site consists of, among other things, news and information, art, articles, images, animations, music, sounds, video, software, hyperlinks, products, promotional offers, and media content available for purchase/license (collectively "Content"). All Content is owned by or licensed by FWD and its suppliers of Content.
A "User" is any person who accesses, browses, interacts or otherwise establishes a connection to the Site, and any such action shall constitute use of the Site. If User is Using this Site on behalf of a company or other entity, User hereby confirms that User has the full legal authority to use this Site and enter into any and all agreements with FWD on behalf of such company or such entity. User shall provide its own equipment, resources and Internet connections for accessing the Site and making use of the Service.
FWD has the right, at any time, and without notice, to add, remove, change, modify or otherwise alter the Content of this Site, including the Terms and Conditions. User agrees that FWD shall have no liability arising from the Use of or reliance upon any of the Content in its present form or as may be subsequently modified by FWD.
RESTRICTIONS ON USE OF CONTENT - INTELLECTUAL PROPERTY
The Content of this Site contains copyrighted and otherwise protected material. FWD and its suppliers of Content retain all right, title and interest to the Content and the Service including but not limited to copyright, trademark, trade secret and trade name. User acknowledges and agrees that no ownership rights or interests to the Content are granted to User. Use of this Content in any way other than authorized by the Terms and Conditions is prohibited and constitutes a breach of these Terms and Conditions.
The copyright, trademarks and/or any other proprietary rights in and to all of the Content found at the Site is owned or controlled by FWD and/or by the owner(s) of the Content. User may not copy, reproduce in any form, publish, display, distribute, modify, download, transmit or transfer any Content or other proprietary information, by any means other than authorized by FWD in writing. Use of "Fashionwiredaily.com" as a link to this Site is permitted, but such permission shall not be construed as a waiver of any rights of FWD.
SITES LINKED FROM FWD SITE
As a convenience, the Site hyperlinks to other websites (a "hyperlink" is a connection to another World Wide Web site address which has been placed on a World Wide Web page so that the User, by selecting the icon or text representing a hyperlink, causes the browser software to shift to a new World Wide Web address). These other websites are not under the control of FWD, and FWD is not liable or responsible for any Content or other information transferred to the User’s computer (including applets or other programs) found or used at such website.
USE OF CONTENT
User warrants that User shall not use Content in any way except as specifically authorized by FWD in writing. User agrees to indemnify and hold FWD and its suppliers of Content to FWD harmless from and against all claims, damages, costs, liabilities and expenses (including reasonable attorney’s fees) arising out of a breach of the foregoing warranty.
User shall continue to be bound by these Terms and Conditions until User has met all of the requirements of any agreements entered into with FWD, met the requirements of these Terms and Conditions and destroyed all Content which User possesses.
DISCLAIMER OF WARRANTY, LIMITATIONS OF LIABILITY
For purposes of this Section, FWD shall include Fashion Wire Daily, Inc, and any divisions, subsidiaries, successors, assigns, parent companies, and any of their employees, partners, principals, agents and representatives, and any third party provider of information and data.
FWD MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT AT THIS SITE. THE CONTENT AT THIS SITE IS MADE AVAILABLE "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED; FWD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION AND CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL FWD BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER DUE TO BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION. ANY USE OF OR RELIANCE ON THE CONTENT AT THIS SITE OR THE SERVICE IS SOLELY AT THE USER’S RISK.
Although FWD uses its best reasonable efforts to ensure the accuracy of the Content, FWD makes no representations or warranties as to the accuracy, correctness or reliability of the Content. Further, FWD makes no representations or warranties that the functional aspects of the Site will be uninterrupted or error-free, or that the Site or the server that makes it available will be free of viruses or other harmful components. FWD shall not be liable for any loss or damage due to delay in delivery resulting from any cause. User hereby acknowledges that use of this Site is at User’s own risk.
FWD reserves the right to refuse service to any User, as defined herein, for non-compliance with these Terms and Conditions or the terms and conditions of any other agreement with FWD.
No course of dealing between FWD and User or any failure or delay on the part of FWD in exercising any rights or remedies hereunder and no single or partial exercise of any rights or remedies hereunder shall operate as a waiver or preclude the exercise of any other rights or remedies hereunder.
Should any provision of these Terms and Conditions be held to be unenforceable or in violation of any applicable law, such provision alone shall be null and void. The remainder of these Terms and Conditions shall remain in full force and effect and shall be carried out as if such invalid or unenforceable term were not embodied herein, however the intent of the parties contained in the null and void provision shall be given expression to the fullest extent permitted by law.
Use of this Site, Service and any Content and the rights and obligations of the parties to these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its rules of conflict of laws. The parties agree to submit to the exclusive jurisdiction of the Federal or State Courts of the State of New York, County of New York with respect to any claim or dispute arising under and in connection with these Terms and Conditions. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions. In addition to money damages, each party shall be entitled to all available equitable remedies to protect its interests herein, including but not limited to injunctive relief, without the requirement of posting a bond.
In the event either party brings a lawsuit against the other for breach of these Terms and Conditions, the prevailing party shall be entitled to all reasonable attorneys’ fees and court costs in connection therewith.
User acknowledges and agrees that any and all licensors of Content to FWD are intended third-party beneficiaries under these Terms and Conditions.
Any comments, or materials received by FWD regarding the Site, such as questions, comments, suggestions or the like (together "Feedback") shall be deemed to be non-confidential. FWD shall have no obligation of any kind with respect to such Feedback, and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback without limitation.
ADDITIONAL TERMS AND CONDITIONS FOR LICENSEES OF CONTENT OTHER THAN SUBSCRIBERS
Section 7 applies to any party which is a Licensee of Content and which has not entered into a Subscription Agreement with FWD.
User, by clicking the "ACCEPT" button displayed on the licensing page acknowledges that User is thereby entering into a binding agreement with FWD ("Non Subscriber Agreement") whereby User accepts the Terms and Conditions and becomes, in addition to being a User, a licensee of Content ("Licensee"). FWD shall grant Licensee rights to Content as set forth in Section 7. User has no rights to or interest in the Content until User enters into the Non Subscriber Agreement (or other written agreement with FWD), and Licensee has no rights to or interest in Content other than set forth in the Terms and Conditions.
For all Content made available to Licensee under this Non Subscriber Agreement, FWD shall set the prices for Content by posting a pricing structure ("Pricing Structure") on the Site. The Pricing Structure is incorporated into this Non Subscriber Agreement by reference.
Until Licensee has properly licensed Content from FWD and fully paid for Content, Licensee shall not download, print, display, publish, store or distribute Content, or Use Content in any way other than to browse Content as authorized.
With respect to all Content licensed to Licensee, FWD shall grant to Licensee a global, non-transferable license to display, reproduce, caption, edit (as set forth hereunder) and publish the Content for a one-time editorial use only ("Single Use License"). The Single Use License is only valid for a period of fourteen days from the date Licensee first downloads or otherwise obtains the Content, and expires immediately thereafter. Any additional use of any Content or any use of Content after the expiration of the Single Use License shall require additional retrievals and additional licensing payments. Licensee’s use of Content is restricted to Licensee’s own publication. Licensee may not use Content for any commercial, promotional or advertising purpose unless agreed to in writing by FWD. Licensee acknowledges and agrees that no ownership rights or interests to the Content are granted to Licensee.
All Content published by Licensee shall bear: (i) the Fashion Wire Daily, Inc legend: FWD; (ii) the name of the author and/or supplier of such Content, if identified by FWD; and (iii) the photography caption and credit as it appears on the photograph caption page. Licensee shall not remove any intellectual property notices, such as copyright mark, trademark or otherwise from Content.
Licensee shall not alter or manipulate Content beyond: (i) normal abridging, editing or summarizing of Content; (ii) translating into another language; or (iii) normal editorial image enhancements, image cropping or the like. In any event, Licensee warrants that such editorial modifications shall preserve the context and meaning of any Content so modified.
Licensee shall, upon receipt from FWD of a "withhold" or similar directive, not publish the applicable Content. In the event Licensee publishes or otherwise uses Content which is subsequently corrected by FWD, Licensee shall prominently and appropriately publish a correction of such Content, as requested by FWD.
The Service is furnished by FWD solely for the information and use of Licensee. Licensee hereby agrees that, except as granted in this Non Subscriber Agreement, Licensee will not distribute or authorize the use of this Service or any Content or related information by any other person or entity; which includes but is not limited to any fashion news service, wire service, Internet news service or their employees or related entities, or any other person or entity engaged in distribution of news and information principally to Licensees which are engaged in whole or in part in the business of publication or broadcasting.
FWD has the right at any time without notice to add, remove, change, modify or otherwise alter the Site, Service, Pricing Structure, Terms and Conditions or Content. FWD may assign its rights under this Non Subscriber Agreement without Licensee’s consent.
Licensee represents and warrants to FWD that: (i) Licensee is authorized to accept and enter into the Non Subscriber Agreement; and (ii) Licensee will only use the Content, the Site and the Service strictly in accordance with the Terms and Conditions. Licensee will indemnify FWD, on demand, for and against any claims or causes of actions arising out of any breach of Licensee’s representations or warranties. Licensee shall be bound by this Non Subscriber Agreement until Licensee has met all of the requirements of this Non Subscriber Agreement and destroyed all Content in Licensee’s possession.
In the event of a breach by Licensee of any of its representations or warranties under this Non Subscriber Agreement or the failure of Licensee to fulfill any of its obligations under this Non Subscriber Agreement, including the failure to pay any fees or charges provided herein, when due; FWD may, in addition to any other remedies which it may have, immediately suspend the Service and terminate all license rights and/or seek injunctive relief without proving actual damages and without posting a bond.
Thank you for Using the Fashion Wire Daily, Inc Site and complying with the Terms and Conditions set forth above.