Fashion Space

FashionSpace is a social publishing platform that lets you:

• Discover emerging designers and fashion trends
• Monetise your blog and social networks with Asia's First Fashion Affiliate Programme
• Create lookbooks on the World's First Social Magazine

Be a publisher

Why Fashion space

Be a retailer

Why Fashion space

Be a publisher

• 1. What is FASHIONSPACE.COM?

  We match bloggers and publishers with fashion brands from around the world. With Asia's First Fashion Affiliate Programme, we offer bloggers a way to monetise their blogs by creating content and talking about the products they love.

• 2. What do you mean by creating content?

  Our virtual wardrobe of over hundreds of thousands of products makes it easy for you to pull products for a look. Create content by pulling products into looks with our easy, drag-and-drop lookbook builder.

  2 formats are available:

  Create a single-page layout known as a look, or create a multi-page lookbook. Both formats support rich layouts and rich media such as widgets and video.

• 3. How do I create and update my looks and lookbooks?

  It's easy: sign up as a member and get access to our lookbook builder. Start creating your own looks in a few simple steps. Click to view a tutorial.

• 4. What is the difference between a Retailer and a Publisher?

  A Retailer is anyone who sells products online and/or in brick-and-mortar stores. A Publisher is anyone who creates content for their blogs or websites.

• 5. Why should I be a Publisher on FASHIONSPACE.COM?

  As a Publisher, you are able to earn a commission for every click received by creating content with our lookbook builder and/or by sharing content created using our tools. The more you create or share, the greater your ability to earn.

• 6. How do I join?

  Sign up here to join.

• 7. How is it different from Facebook and all the fashion blogs out there?

  We do not replace your blog or Facebook account. In fact, we are compatible with almost all social networks and websites. Our tools help you create content and monetise your blogs and social networks.

  Now, you no longer need to trawl the Web for fashion products to write about. Our virtual wardrobe makes it easy for you to pull from hundreds of thousands of products to create looks. Our lookbook builder makes it easy to create looks with rich, multimedia layouts that you can share on your blogs and social networks.

• 8. I have a blog. How can I use FASHIONSPACE.COM to create content for my blog?

  With our easy, drag-and-drop lookbook builder, you can pull looks and create rich, multimedia layouts for your blog.

  Seek inspiration from the hundreds of thousands of products in our virtual wardrobe.

  Browse the looks and lookbooks created by our community of bloggers and publishers to get ideas for your next post.

• 9. Is it free?

  Yes, FASHIONSPACE.COM is free. When you sign up, you also get a unique URL for each of your lookbooks: www.fashionspace.com/nickname.

• 10. How can I earn money from FASHIONSPACE.COM?

  Once you sign up as a Publisher, you are automatically enrolled in our affiliate programme. That means, you can earn a commission for every qualified click you receive on the looks that you create or share. You can also receive a commission for clicks on our widgets that you embed on your blogs or websites.

• 11. What are qualified clicks?

  Qualified clicks are genuine clicks by your readers who want to find out more about our merchants products whether or not they make a purchase. FASHIONSPACE.COM uses powerful, anti-fraud mechanisms to track down clicks generated by scripts or bots, or by manual repetitive clicks. Such clicks are deemed invalid and no commission is earned for these. Your account will also be revoked and your unpaid commission forfeited.

• 12. Do I earn commission for all the qualified clicks?

  You earn commission for qualified clicks as long as the merchant's campaign is active at the time of the click, and there are credits remaining in this campaign. After a period of time, a merchant's credits may be used up. A merchant may also not be running a campaign at the time that the click was received.

• 13. How much will I earn per click?

  Agreements with merchants may vary. Therefore, the commission per click may differ.

• 14. When will I get paid and how can I withdraw the commission?

  You can withdraw your commission via PayPal once your total commission reaches SGD100. Payments are made at the end of the month that your total commission reaches SGD100.

Be a retailer

• 1. What is FASHIONSPACE.COM?

  We match bloggers and publishers with fashion brands from around the world. Our platform lets bloggers pull their favourite products into looks and share these looks on their blogs and websites.

• 2. What is a Look and a Lookbook?

  Acting as a stylist, a blogger can create a single-page Look by pulling together products from our system. A Lookbook is a multi-page digital magazine featuring looks, pictures and editorial similar to a physical magazine. Both Looks and Lookbooks feature clickable products so readers can click on a product they are interested in to find out more or make a purchase.

• 3. How do I create and update my looks and lookbooks?

  Once you sign up as a Retailer, we will review and approve your application as long as complementary to the brand of FASHIONSPACE.COM. After approval, you can start uploading your products and creating Looks or Lookbooks with our easy, drag-and-drop lookbook builder. Click here to view the tutorial.

• 4. What is the difference between a Retailer and a Publisher?

  A Retailer is anyone who sells products online and/or in brick-and-mortar stores. A Publisher is anyone who creates content for their blogs or websites.

• 5. Why should I be a merchant on FASHIONSPACE.COM?

  There are many benefits of joining FASHIONSPACE.COM.

  • Access to a network of international bloggers and shoppers
  • Activate your fans to spread the word about your products through their social networks
  • Pay only for results with our affordable, pay-per-click and pay-per-acquisition model
  • Control when and how you choose to spend your campaign credits
  • Let your fans and customers interact with your products
  • Use our free, drag-and-drop lookbook builder to create rich, media layouts
  • Transform your traditional lookbooks into interactive digital lookbooks that are infinitely shareable through social networks and websites
  • Keep your fans and customers updated about your latest products and content without the months-long lead time of traditional print
  • Use our tools to create content that you can easily embed on your blog, website and social network channels

• 6. How do I join?

  Sign up here to join or email [email protected] for more information.

• 7. How is it different from Facebook and all the fashion blogs out there?

  We do not replace your blog or Facebook account. In fact, we are compatible with almost all social networks and websites. Our free tools help you create lookbooks quickly and easily, and update your fans and customers with your latest products.

  Now, they no longer need to trawl the Web for fashion products to write about. Our virtual wardrobe makes it easy for them to pull your products to create looks. Our lookbook builder makes it easy to create looks with rich, multimedia layouts that they can share on their blogs and social networks.

• 8. How do I showcase and get others to share my looks and lookbooks?

  Our community is empowered to create and share content that they love. With a few clicks, they can share a product, a page or an entire lookbook with your friends and followers. They can also embed their looks almost anywhere on the Internet.

  As a Retailer, you can incentivise your fans and customers to share your looks and lookbooks by running a campaign. With our affiliate programme, you only pay for the results you get.

• 9. Is it free?

  Yes, FASHIONSPACE.COM is free. When you sign up, you also get a unique URL for each of your lookbooks: www.fashionspace.com/nickname.

• 10. How can I earn money from FASHIONSPACE.COM?

  Once your application as a Retailer is approved, you receive access to our Campaign Manager. In the Campaign Manager, you can run a campaign to increase your visibility on our homepage and search results so that both publishers and shoppers can easily find your products. This is similar to Google Adwords. You also get real-time access to your campaign statistics to monitor the performance of your campaign.

  We offer both a cost-per-click and a cost-per-acquisition model. Please contact us for rates.

  For other forms of advertising, please contact us at [email protected] for more information.

• 11. What are qualified clicks?

  Qualified clicks are genuine clicks by your readers who want to find out more about our merchants products whether or not they make a purchase. FASHIONSPACE.COM uses powerful, anti-fraud mechanisms to track down clicks generated by scripts or bots, or by manual repetitive clicks. Such clicks are deemed invalid and no commission is earned for these. Contact [email protected] for more information.

Term and Condition

PLEASE READ TERMS AND CONDITIONS OF FASHIONSPACE.COM ("T&C") CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE FASHIONSPACE.COM SERVICES (AS DEFINED BELOW). BY REGISTERING A FASHIONSPACE.COM ACCOUNT OR USING THE FASHIONSPACE.COM SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BECOME BOUND BY THE T&C. IF THE T&C ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE T&C, YOU HAVE NO RIGHT TO USE ANY PORTION OF THE FASHIONSPACE.COM SERVICES.

The T&C govern the terms and conditions under which you may use the FS Services (defined below) Fashion Space Pte Ltd ("The Company") through the FS magazine(s), the FS website(s), or the FS WIDGETS to embed product links and Widgets provided and enabled by The Company ("Authorized Links") in your blog, website, or other application (“Channels”), and potentially be paid for Qualified Clicks (as defined below) (collectively, the "FS Services"). The T&C apply to each of your sites even if such site is not hosted and served by The Company. The T&C supplement the Terms of Use located at http://www.fashionspace.com/terms (the "Terms of Use"), including without limitation, all warranty disclaimers, limitations of liability, and dispute resolution provisions therein, which shall apply to the subject matter of these T&C, and which are incorporated herein by this reference. If there is any conflict between the T&C and the Terms of Use, the T&C will govern. All capitalized terms that are not defined herein have the meaning specified in the Terms of Use.

The Company may update the T&C from time to time. The Company will notify you of any such updates by posting a notice on the Website at: http://fashionspace.com or notifying you in writing or by email. Your continued use of the FASHIONSPACE.COM Services following such notification constitutes your acceptance of those changes.

• Eligibility. Participation in the FASHIONSPACE.COM Services is subject to your compliance with these T&C. The Company may refuse participation to anyone at any time at its sole discretion. By enrolling in the FASHIONSPACE.COM Services, you represent and warrant that you are at least 18 years of age and that you will not have anyone else register a FASHIONSPACE.COM account on your behalf. Access to and/or use of the FASHIONSPACE.COM Services is void in the following countries –Balkans, Burma, Cote d’Ivoire, Cuba, Iran, Iraq, Liberia, Libya, North Korea, Sudan, Syria, Zimbabwe.

If you create a FASHIONSPACE.COM magazine, you are solely responsible for maintaining the security of, and for all activities that occur under, your account and FASHIONSPACE.COM magazine, including all content and materials, advertising, maintenance and operation, implementation of The Company's technical requirements, and adherence to these T&C. The Company is not responsible for anything related to your accounts or FASHIONSPACE.COM magazine(s) or for responding to questions from end users of your accounts or FASHIONSPACE.COM magazines.

Qualified Clicks. A "Qualified Click" occurs when an end user clicks on an Authorized Link properly embedded in your FASHIONSPACE.COM magazine(s) and/or Channels and such user is directed to a webpage that may be hosted by The Company or the merchant associated with the Authorized Link (excluding clicks in violation of these T&C). A click does not have to lead to a purchase in order to be considered a Qualified Click. You shall not promote or facilitate a Qualified Click by any means other than displaying an Authorized Link on your FASHIONSPACE.COM magazine(s) and Channels. You agree to comply with technical and other requirements provided by The Company (e.g., to enable proper display of Authorized Links, and tracking and reporting Qualified Clicks). You acknowledge and agree that Authorized Links are subject to review and approval by The Company in its discretion at any time and shall comply with the placement and use guidelines that may be provided by The Company from time to time. If The Company issues placement and use guidelines, it will do so by posting a notice on the Website at: http://www.fashionspace.com or notifying you in writing or by email.

Restrictions. You shall not, and shall not permit any third party to: (i) generate clicks on any Authorized Link through any automated, deceptive, fraudulent or other invalid means (e.g., repeated manual clicks, using robots, automated query tools or computer generated clicks); (ii) edit, modify, obscure, minimize or change the information contained in any Authorized Link, product information, image, widget or default templates provided by The Company (except to alter Widgets provided by The Company as expressly authorized by The Company and only through the functionality of the tools provided by The Company on the Website); (iii) frame, minimize, remove, inhibit, or redirect a user from, the full and complete display of any webpage accessed by an end user after clicking on an Authorized Link; (iv) link to, frame, or otherwise embed or display any content on your FASHIONSPACE.COM magazine(s) that contains any pornographic, hate-related, violent, defamatory, fraudulent or illegal content; (v) "crawl", "spider", index, store or cache information obtained from any part of the Authorized Links, Qualified Clicks, or the FASHIONSPACE.COM Service; (vi) upload or disseminate viruses, malware, or other harmful code; (vii) create a new FASHIONSPACE.COM account after The Company has terminated your account for cause; (viii) distribute or publish spam, unethical or unwanted commercial content, or further unlawful or objectionable acts (such as phishing or spoofing); (ix) use cookies, web beacons, or other means to collect personal information from third parties in connection with your account or FASHIONSPACE.COM sites, appropriate the identity of another person, or post personal or confidential information of any other person, (x) violate The Company's Privacy Policy or any applicable law, rule or regulation; (xi) engage in any action or practice that reflects poorly on The Company or its merchants or otherwise disparages or devalues The Company's reputation or goodwill; or (xii) remove, obscure, or alter any links or other information (e.g. links to The Company's Privacy Policy and Terms of Use) on the default templates provided (or from your FASHIONSPACE.COM magazine(s)). You further agree not direct to any merchant any communication regarding any Authorized Links or Qualified Clicks in connection with your FASHIONSPACE.COM magazine(s) or accounts.

The Company maintains the right to investigate suspected misuses of the FASHIONSPACE.COM program. You acknowledge that any attempted participation in or violation of any of the foregoing is a material breach of the T&C and that The Company may pursue any and all applicable legal and equitable remedies against you, including, without limitation, immediate suspension of your account, deletion of any of your FASHIONSPACE.COM sites hosted by The Company, and the pursuit of all available civil or criminal remedies.

Payment. You shall receive payments based on the number of Qualified Clicks generated from your FASHIONSPACE.COM site (and the associated revenue generated from our Merchant Partners as a result of those Qualified Clicks), the amount determined solely by The Company at its complete discretion. Payment will only be given for merchant products that have advertising dollars assigned to them. Payment will not always be guaranteed as revenue generated from our Merchant Partners is dependent on the amount of remaining advertising dollars the Merchant Partners have assigned to their products with FASHIONSPACE.COM at any given time when qualified clicks occur. Any payments owed to you shall be sent by The Company approximately thirty (30) days after the end of each calendar month for the Qualified Clicks that were completed during that month; however, The Company is not responsible for making payments for any earned balance less than S$100 (Singapore dollars) (for all participants), for any clicks generated prior to the creation and approval of your FASHIONSPACE.COM account, or for any payment based on: (a) any amounts which result from clicks generated by any person, bot, automated program or similar device, as reasonably determined by The Company, including without limitation through any clicks (i) originating from your IP addresses or computers under your control, (ii) solicited by payment of money, false representation, or request for end users to click on Authorized Links, or (b) clicks co-mingled with a significant number of invalid clicks described in (a) above, or as a result of any breach of the T&C by you. The Company reserves the right to withhold payment, offset payment, or charge back your account for amounts due to any of the foregoing or any breach of these T&C by you; in the event that a merchant whose Authorized Link is displayed in connection with your FASHIONSPACE.COM site defaults on payment for such Authorized Links to The Company; for a reasonable time to ensure that the correct amount is paid; and/or if The Company determines that such payment to you in a jurisdiction is illegal under the laws of that jurisdiction. Payment will be made by The Company's choice of either check, PayPal or other electronic payment method. If requested by The Company, you are responsible for providing The Company with accurate information needed to facilitate payment to you.

The Company may change its pricing and/or payment structure at any time. If you dispute any payment made, you must notify The Company within thirty (30) days of any such payment by emailing a detailed description of your dispute to [email protected]; failure to do so shall result in your waiver of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by The Company. You agree that you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, for any bank fees related to returned or cancelled checks due to erroneous contact or payment information, and for payment of all applicable taxes or charges imposed by any government entity in connection with your participation in the FASHIONSPACE.COM Services. You expressly agree that you are responsible for paying any and all income tax related to your earnings in this program.

Termination. You may stop displaying Authorized Links on your FASHIONSPACE.COM site at any time by removing from your FASHIONSPACE.COM sites the links or Widgets provided by The Company in connection with such Authorized Links. You may terminate this Agreement at any time by sending a notice to Fashion Space Pte Ltd, The Central, Soho 1, 6 Eu Tong Sen Street #05-14, Singapore  059817.  The Company may at any time, in its sole discretion, terminate all or part of the FASHIONSPACE.COM Services, terminate these T&C, or suspend or terminate the participation of any FASHIONSPACE.COM site in all or part of the FASHIONSPACE.COM Services.

Your Representations and Warranties. You represent and warrant that (a) all of the information provided by you to The Company is correct and current; (b) you own all of the content you submit and post to your FASHIONSPACE.COM site; (c) you have all necessary rights, power, and authority to enter into these T&C and to perform the acts required of you hereunder; (d) you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 (United States only) and any relevant data protection or privacy laws and regulations) in your performance of any acts hereunder; and (e) your FASHIONSPACE.COM sites, blogs and any materials displayed therein: (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not illegal, pornographic, hate-related, violent, defamatory or otherwise objectionable.

Warranty Disclaimer. THE FASHIONSPACE.COM SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THE COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES, SITES, OR BLOGS (INCLUDING WITHOUT LIMITATION ANY CONTENT, MALWARE, VIRUSES OR OTHER HARMFUL CODE ACCESSED THROUGH ANY BLOG), AUTHORIZED LINKS, QUALIFIED CLICKS, AMOUNT OF POTENTIAL PAYMENTS HEREUNDER, OR FASHIONSPACE.COM SERVICES, OR TECHNOLOGY, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT ACCESS TO OR USE OF THE FASHIONSPACE.COM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE THE COMPANY'S LIABILITY WILL NOT BE RESTRICTED IN THE CASE OF DEATH OR PERSONAL INJURY CAUSED DIRECTLY BY THE THE COMPANY'S DEFAULT OR NEGLIGENCE.

Your Obligation to Indemnify. You agree to indemnify, defend and hold The Company, its agents, affiliates, merchants, suppliers, subsidiaries, directors, officers, employees, and agents (collectively "Indemnified Person(s)") harmless from and against any and all claims, liability, settlements, loss, and expense (including, without limitation, reasonable legal fees and costs), brought against any Indemnified Person(s), arising out of or relating to your use of the FASHIONSPACE.COM Services, your FASHIONSPACE.COM sites(s), and/or your breach of any provision of the T&C.

Confidentiality. You agree not to disclose Confidential Information without the The Company's prior written consent. "Confidential Information" includes without limitation: (a) click-through rates or other statistics relating to performance in the FASHIONSPACE.COM Services provided to you by the The Company; (b) any other information designated in writing by the The Company as "Confidential" or an equivalent designation; and (c) that information which might otherwise be reasonably considered to be confidential. However, you may accurately disclose the amount of the The Company's gross payments to you pursuant to the T&C. Confidential Information does not include information that has become publicly known through no breach by you or The Company, or information that has been (i) independently developed without access to Confidential Information, as evidenced in writing; (ii) rightfully received by you from a third party; or (iii) required to be disclosed by law or by a governmental authority.

Publicity. Where allowed by law, you agree that The Company may use your name and logo in presentations, marketing materials, customer lists, financial reports, website listings of customers, search results pages, and referral pages.

Your Rights, Privacy Policy and Data Protection.

-1- The Company claims no ownership over any original content submitted, posted, or displayed by you on or through the FASHIONSPACE.COM Services, however, by submitting any content to The Company for inclusion on your FASHIONSPACE.COM sites that are hosted by The Company, you grant to The Company and other users the rights and licenses thereto described in the Terms of Use. Without limiting any of your representations or warranties, The Company has the right (though not the obligation) to, in The Company's sole discretion (i) refuse or remove any content that The Company hosts that, in The Company's reasonable opinion, violates any The Company policy or is in any way harmful or objectionable, or (ii) terminate or deny access to or use of the FASHIONSPACE.COM Services (and/or any component thereof) to any individual or entity.

-2- By using the FASHIONSPACE.COM Services you acknowledge that you accept the The Company's Privacy Policy which is available at http://www.fashionspace.com/privacy.

-3- The The Company may from time to time invite you to provide personal information in order to provide you with the FASHIONSPACE.COM Services and to enable you to order goods and participate in the Qualified Clicks program(me). In order to perform the same, the The Company will need to process and store your personal information and may need to transfer it to its own service providers in the United States for processing. By submitting your personal information, you consent to such processing and transfers in connection with all of the aforesaid services and for any other purposes to which you consent at the time you provide the personal information. The The Company follows strict security procedures in the storage and disclosure of personal information so as to prevent unauthorised access by third parties. The The Company also requires those parties to whom it transfers personal information to comply with the same. If you have any queries about the The Company's protection of personal information generally, please contact us at [email protected].

The Company Rights. You acknowledge that, as between you and The Company, The Company owns all right, title and interest, including without limitation all intellectual property rights, in and to the FASHIONSPACE.COM Services (including, without limitation, The Company's referral technology, brands, logos), and that you will not acquire any right, title, or interest in or to the FASHIONSPACE.COM Services except as expressly set forth in these T&C. Except to the extent the provisions of this sentence are expressly prohibited by applicable law, you will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any The Company services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the FASHIONSPACE.COM Services or proprietary information related thereto. You will not remove, obscure, or alter The Company's or any third party's copyright notice, proprietary rights notices, or other notices affixed to or contained within any Authorized Link, or within any The Company or third party service, software, data, image, or other content.

Miscellaneous.

-1- These T&C do not create any agency or partnership relationship, and they are not intended to benefit, nor shall they be deemed to give rise to any rights in, any third party. You may not assign or transfer the rights granted to you in these T&C without The Company prior written consent. No waiver of any provision of these Terms is effective unless it is written and signed by The Company.

-2- These T&C will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or province or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these T&C to be unenforceable, the remainder of these T&C will continue in full force and effect. Failure by the The Company or you to exercise any right or remedy under these terms does not constitute a waiver of that remedy or right.

-3- These T&C, together with the Privacy Policy, FASHIONSPACE.COM Terms of Use and any others of our terms and policies referenced herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

FASHIONSPACE.COM Widgets Terms Of Use

By using the FASHIONSPACE.COM Widgets, you accept and agree to be bound by the terms and conditions in this document (the " Widgets Terms"). Please read each of these documents carefully. If you reject or disagree with any of the terms, you do not have a license to use the FASHIONSPACE.COM Widgets.

We reserve the right to change the Widgets Terms at any time, with or without notice. The most recent version of each can be found, respectively, here and here.

1. Service.

1.1. What We Do.

1.1.1. The FASHIONSPACE.COM Search Engine. We offer a service that collects certain content from third parties and presents it in an aggregated searchable and manipulable format to end users. Through the service, end users can view the content, interact with the content (as described in User Content, section 1.1.3 below), and click upon it to buy an item described by the content, directly from a third-party merchant. Our content collection and shopping service is referred to here as the "FASHIONSPACE.COM Search Engine."

1.1.2. Merchant Content. Through the FASHIONSPACE.COM Search Engine, end users can access content that describes merchandise offered for sale by third-party merchants, as well as promotions, special offers, and similar information; this content is referred to here as "Merchant Content." Merchant Content includes (but is not limited to) text, images, inventory data, information about promotions and special offers or other information provided by third parties about themselves or their merchandise. We do not create Merchant Content; it is created by the third parties, from whose sites it is collected and presented through the FASHIONSPACE.COM Search Engine. While we have agreements directly with some third-party merchants, there are others with which we have no direct relationship other than our accessing of their publicly available Merchant Content through our FASHIONSPACE.COM Search Engine. We do not make any representation or warranty that any Merchant Content is complete or accurate.

1.1.3. User Content. End users can also use the FASHIONSPACE.COM Search Engine to access content created by our end users that is based on or related to Merchant Content. This content is referred to here as "User Content." User Content includes (but is not limited to) text or images submitted by the users to us relating to the Merchant Content (or to the users themselves), as well as compilations of Merchant Content to form registries, "looks," or "magazines" containing items or assortments of merchandise located through the FASHIONSPACE.COM Search Engine. We do not create User Content; our end users create it and present it through our sites under the FASHIONSPACE.COM Terms, which give us certain rights to use the User Content. We do not make any representation or warranty that any User Content is complete or accurate.

1.2. How You Can Use The FASHIONSPACE.COM Widgets. Under these Widgets Terms, you may use the FASHIONSPACE.COM Widgets to create applications or services that access and display Merchant Content or User Content (or both) and that connect your end users to merchants through the FASHIONSPACE.COM Search Engine. We grant you a worldwide, non-exclusive, nonsublicenseable license to use the FASHIONSPACE.COM Widgets for that purpose, subject to the limitations described in these Widgets Terms, including (but not limited to) the following:

1.2.1. You may use the FASHIONSPACE.COM Widgets to access the FASHIONSPACE.COM Search Engine to access and display Merchant Content and User Content to end users, independently or together with other applications or services you provide to end users. Your applications or services must be made generally available to end users at no charge. (If your applications or services are not generally available free of charge, please contact us at [email protected] to inquire about obtaining rights to commercial or fee-based use.)

1.2.2. Neither you nor we own the Merchant Content or the User Content. You may use Merchant Content and the User Content only through the FASHIONSPACE.COM Search Engine, and you may not alter its form, format, appearance, or overall presentation from the way it appears through the FASHIONSPACE.COM Search Engine. You are not allowed to reproduce, distribute, modify, display, or otherwise use the Merchant Content or the User Content, except as it appears through the FASHIONSPACE.COM Search Engine. (For example, you may use the FASHIONSPACE.COM Widgets to serve Merchant Content via the FASHIONSPACE.COM Search Engine to your web page, and to assemble looks or magazines composed of individual items of merchandise; however, you may not copy an image from the Merchant Content and reproduce it, on a standalone basis and without linking back to the retailer through the FASHIONSPACE.COM Search Engine, on your web page.)

1.2.3. You must register with FASHIONSPACE.COM to create your magazines and to use FASHIONSPACE.COM Widgets.

1.2.4. We reserve the right to determine your compliance with these terms and to modify, terminate or suspend your use of the FASHIONSPACE.COM Widgets or the FASHIONSPACE.COM Search Engine at any time, without notice, for any reason. We also reserve the right to establish and modify technical specifications applicable to your use of the WIDGETS, and to modify or discontinue the FASHIONSPACE.COM Widgets itself at any time, with or without notice.

1.3. Prohibited Uses. You may not use the FASHIONSPACE.COM Widgets in any way that derogates the reputation, integrity, or commercial value of us, our end users, the User Content, the Merchant Content, or the third-party creators and owners of Merchant Content. (This obligation extends to and includes the intellectual property embedded in the items described by Merchant Content.) Any use of the FASHIONSPACE.COM Widgets that negatively affects end users or their experience with us (through the FASHIONSPACE.COM Search Engine or otherwise) is prohibited. Without limiting these general prohibitions, here are some examples of specific prohibited uses:

 

1. Violation of any law or regulation, including those concerning:
   1. individual rights and privacy – no defamation, abuse, stalking, harassment, obscenity, violation of privacy rights, or other inappropriate or objectionable use;
   2. intellectual property rights – no infringement of patent, copyright, trademark, trade secret, or other such rights;
   3. consumer protection – no promotion of scams, schemes, deceptions, spam, or other illegal or unwholesome commercial use;
2. Use of the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, or the Merchant Content in any way connected with malicious programs or code, including but not limited to spyware, malware, worms, trojan horses, or viruses
3. Competition with the FASHIONSPACE.COM Search Engine or with the providers of Merchant Content
4. Generating or trying to generate, revenue directly from the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, the Merchant Content, or the User Content (e.g., charging a fee for license or use of either). (To inquire about commercial use rights, please contact us at [email protected].)
5. Concealing, or trying to conceal, your identity or that of your employer, or the nature of your application
6. Using excessive bandwidth or generating excessive calls or requests 

 

2. Ownership and Proprietary Rights.

2.1. Nature of Support. We may release updates, upgrades, or other revisions to the FASHIONSPACE.COM Widgets at any time, in our discretion. Likewise, we may at our option provide you with support in your use of the FASHIONSPACE.COM Widgets. Any such maintenance and support (collectively, "Developer Support") are provided at our option with no guarantees, and may be discontinued by us at any time.

2.2. Support Feedback. Any information that you voluntarily provide us about the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, or the Merchant Content (e.g., bug reports) is deemed our property (or that of our affiliates) and we may use it for any purpose. You hereby assign us full intellectual property rights in any such information, and waive all claims to any compensation for providing it to us.

3. Support.

3.1. FASHIONSPACE.COM Branding. You agree to include a "Powered By FASHIONSPACE.COM" logo (downloadable when you obtain the FASHIONSPACE.COM Widgets), and such other FASHIONSPACE.COM branding features as we may require, in any service or application you build using the FASHIONSPACE.COM Widgets. Our logo, the FASHIONSPACE.COM name, logo, and other trademark- or brand-related features are referred to here as the "FASHIONSPACE.COM Branding."

3.1.1. Use. We hereby grant you a limited, nontransferable, nonsublicenseable, nonexclusive license to display the FASHIONSPACE.COM Branding to identify and advertise your use of the FASHIONSPACE.COM Search Engine and the FASHIONSPACE.COM Widgets, subject to our standard trademark usage guidelines.

3.1.2. Restrictions. Other than as set forth in this section 3.1, we grant you no right, title, or interest in our FASHIONSPACE.COM Branding, and all use by you of the FASHIONSPACE.COM Branding will inure to our benefit. You agree not to use or try to register any branding, trademarks, logos, domain names, or other brand- or trademark-related features that are confusingly similar to our FASHIONSPACE.COM Branding, and you further agree not to challenge our FASHIONSPACE.COM Branding or our registration of it. Further, in your use of the FASHIONSPACE.COM Branding, you will not: imply that we are affiliated with you, endorse you, or that you speak on our behalf; disparage us or our services; display adult content or promote illegal activities (including the sale of alcohol or tobacco to minors); show our FASHIONSPACE.COM Branding more prominently than your own; use the FASHIONSPACE.COM Branding in any prohibited use listed in section 1.3 above; or alter, distort, or remove any aspect of the FASHIONSPACE.COM Branding (e.g., change its color or proportions).

3.1.3. Terminable. We reserve the right, in our discretion, to determine whether you are complying with the obligations of this section 3 and to terminate any right granted to you in these WIDGETS Terms at any time and without notice.

3.2. IP Rights. The FASHIONSPACE.COM WIDGETS, the FASHIONSPACE.COM Engine, the Merchant Content, and the User Content are protected by copyright, trademark, patent, trade secret, and other intellectual property rights. You must abide by all copyright notices, trademark rules, or other notices or restrictions contained in the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, the User Content, and the Merchant Content accessed or used by you, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, the Merchant Content, or the User Content except as specifically permitted in these Widgets Terms, and never in any way that violates any third party right. You shall not remove, obscure, or alter any copyright, trademark, or other notices in the Merchant Content, the User Content, or the FASHIONSPACE.COM Widgets.

4. Privacy Policy. Our current privacy policy can be found at http://www.fashionspace.com/privacy.

5. Termination

5.1. Either Party May Terminate At Any Time. You may terminate your use of the FASHIONSPACE.COM Widgets, FASHIONSPACE.COM Search Engine, Merchant Content or User Content at any time, for any reason or no reason, simply by discontinuing your use thereof and deleting the FASHIONSPACE.COM Widgets, all links to the FASHIONSPACE.COM Search Engine, and all Merchant Content and User Content from your systems. We may terminate your access to part or all of the FASHIONSPACE.COM Widgets, FASHIONSPACE.COM Search Engine, or Merchant Content at any time, with or without notice, and for any reason (including your breach of these Widgets Terms).

5.2. No Liability For Termination. We take no liability for any such termination, even if it results in the forfeiture and destruction of all information associated with your use of the foregoing.

5.3. Survival. All provisions of these Widgets Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

6. Fees and Payments. We reserve the right to require payment of fees in connection with your use of the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, or the Merchant Content, upon ten (10) days' notice to you. Continued use by you of the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, or the Merchant Content after expiration of that notice period constitutes acceptance of the fees and agreement to pay them based on the terms contained in the notice. Any fees paid to us under these Widgets Terms are non-refundable.
7. Warranty Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

7.1. Use Is At Your Own Risk. DOWNLOADING, ACCESS, AND USE OF THE FASHIONSPACE.COM WIDGETS, THE FASHIONSPACE.COM SEARCH ENGINE, MERCHANT CONTENT, AND USER CONTENT ARE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE, INCLUDING DAMAGE TO YOUR SYSTEM OR LOSS OF DATA.

7.2. Provided "As-Is" and "As-Available" Only. WE PROVIDE THE FASHIONSPACE.COM Widgets AND THE FASHIONSPACE.COM Search ENGINE, AND ACCESS TO MERCHANT CONTENT AND USER CONTENT THEREBY, ALL ON AN "AS-IS" AND "AS-AVAILABLE" BASIS ONLY.

7.3. We Disclaim All Warranties. WE, AND OUR LICENSORS (INCLUDING THE PROVIDERS OF MERCHANT CONTENT AND USER CONTENT) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE FASHIONSPACE.COM WIDGETS, THE FASHIONSPACE.COM ENGINE, OR ANY INFORMATION (INCLUDING MERCHANT CONTENT AND USER CONTENT) ACCESSED THROUGH USE OF THE FASHIONSPACE.COM WIDGETS OR THE FASHIONSPACE.COM ENGINE.

7.4. We Make No Guarantees. WE MAKE NO WARRANTY AS TO THE AVAILABILITY OR QUALITY OF (a) THE FASHIONSPACE.COM ENGINE OR THE FASHIONSPACE.COM WIDGETS (EITHER OF WHICH MAY CONTAIN ERRORS, BUGS, OR OTHER PROBLEMS); OR (b) ANY PRODUCTS, SERVICES OR INFORMATION (INCLUDING MERCHANT CONTENT AND USER CONTENT) AVAILABLE THROUGH THE FASHIONSPACE.COM WIDGETS OR THE FASHIONSPACE.COM SEARCH ENGINE.

8. Limitation of Liability. IN NO EVENT WILL WE, OUR LICENSORS, OR OUR OTHER SUPPLIERS (OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) BE LIABLE UNDER THIS AGREEMENT (INCLUDING WITH RESPECT TO THE FASHIONSPACE.COM WIDGETS, THE FASHIONSPACE.COM SEARCH ENGINE, THE MERCHANT CONTENT, OR THE USER CONTENT) UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Limitation. SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.

10. Indemnity. To the maximum extent permitted by applicable law, you agree to hold us harmless and indemnify us (including our subsidiaries, affiliates, officers, agents, licensors, suppliers, partners, and employees) from and against any third-party claim arising from or in any way related to your use of the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, the Merchant Content, or the User Content, including any liability or expense arising from any such third-party claim, such as losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees. You agree to cooperate as fully as reasonably required in the defense of any claim, and we reserve the right, at our own expense, to assume the exclusive defense and control of any indemnifiable matter.

11. Miscellaneous. These Widgets Terms do not create any agency or partnership relationship, and they are not intended to benefit, nor shall they be deemed to give rise to any rights in, any third party. You may not assign or transfer the rights granted to you in these Widgets Terms without our prior written consent. No waiver of any provision of these Widgets Terms is effective unless it is written and signed by us. These Widgets Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Widgets Terms to be unenforceable, the remainder of these Widgets Terms will continue in full force and effect. These Widgets Terms, together with any others of our terms and policies referenced herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Effective: April 1, 2011

Term and Condition

PLEASE READ TERMS AND CONDITIONS OF FASHIONSPACE.COM ("T&C") CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE FASHIONSPACE.COM SERVICES (AS DEFINED BELOW). BY REGISTERING A FASHIONSPACE.COM ACCOUNT OR USING THE FASHIONSPACE.COM SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BECOME BOUND BY THE T&C. IF THE T&C ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE T&C, YOU HAVE NO RIGHT TO USE ANY PORTION OF THE FASHIONSPACE.COM SERVICES.

The T&C govern the terms and conditions under which you may use the FS Services (defined below) Fashion Space Pte Ltd ("The Company") through the FS magazine(s), the FS website(s), or the FS WIDGETS to embed product links and Widgets provided and enabled by The Company ("Authorized Links") in your blog, website, or other application (“Channels”), and potentially be paid for Qualified Clicks (as defined below) (collectively, the "FS Services"). The T&C apply to each of your sites even if such site is not hosted and served by The Company. The T&C supplement the Terms of Use located at http://www.fashionspace.com/terms (the "Terms of Use"), including without limitation, all warranty disclaimers, limitations of liability, and dispute resolution provisions therein, which shall apply to the subject matter of these T&C, and which are incorporated herein by this reference. If there is any conflict between the T&C and the Terms of Use, the T&C will govern. All capitalized terms that are not defined herein have the meaning specified in the Terms of Use.

The Company may update the T&C from time to time. The Company will notify you of any such updates by posting a notice on the Website at: http://fashionspace.com or notifying you in writing or by email. Your continued use of the FASHIONSPACE.COM Services following such notification constitutes your acceptance of those changes.

• Eligibility. Participation in the FASHIONSPACE.COM Services is subject to your compliance with these T&C. The Company may refuse participation to anyone at any time at its sole discretion. By enrolling in the FASHIONSPACE.COM Services, you represent and warrant that you are at least 18 years of age and that you will not have anyone else register a FASHIONSPACE.COM account on your behalf. Access to and/or use of the FASHIONSPACE.COM Services is void in the following countries –Balkans, Burma, Cote d’Ivoire, Cuba, Iran, Iraq, Liberia, Libya, North Korea, Sudan, Syria, Zimbabwe.

If you create a FASHIONSPACE.COM magazine, you are solely responsible for maintaining the security of, and for all activities that occur under, your account and FASHIONSPACE.COM magazine, including all content and materials, advertising, maintenance and operation, implementation of The Company's technical requirements, and adherence to these T&C. The Company is not responsible for anything related to your accounts or FASHIONSPACE.COM magazine(s) or for responding to questions from end users of your accounts or FASHIONSPACE.COM magazines.

Qualified Clicks. A "Qualified Click" occurs when an end user clicks on an Authorized Link properly embedded in your FASHIONSPACE.COM magazine(s) and/or Channels and such user is directed to a webpage that may be hosted by The Company or the merchant associated with the Authorized Link (excluding clicks in violation of these T&C). A click does not have to lead to a purchase in order to be considered a Qualified Click. You shall not promote or facilitate a Qualified Click by any means other than displaying an Authorized Link on your FASHIONSPACE.COM magazine(s) and Channels. You agree to comply with technical and other requirements provided by The Company (e.g., to enable proper display of Authorized Links, and tracking and reporting Qualified Clicks). You acknowledge and agree that Authorized Links are subject to review and approval by The Company in its discretion at any time and shall comply with the placement and use guidelines that may be provided by The Company from time to time. If The Company issues placement and use guidelines, it will do so by posting a notice on the Website at: http://www.fashionspace.com or notifying you in writing or by email.

Restrictions. You shall not, and shall not permit any third party to: (i) generate clicks on any Authorized Link through any automated, deceptive, fraudulent or other invalid means (e.g., repeated manual clicks, using robots, automated query tools or computer generated clicks); (ii) edit, modify, obscure, minimize or change the information contained in any Authorized Link, product information, image, widget or default templates provided by The Company (except to alter Widgets provided by The Company as expressly authorized by The Company and only through the functionality of the tools provided by The Company on the Website); (iii) frame, minimize, remove, inhibit, or redirect a user from, the full and complete display of any webpage accessed by an end user after clicking on an Authorized Link; (iv) link to, frame, or otherwise embed or display any content on your FASHIONSPACE.COM magazine(s) that contains any pornographic, hate-related, violent, defamatory, fraudulent or illegal content; (v) "crawl", "spider", index, store or cache information obtained from any part of the Authorized Links, Qualified Clicks, or the FASHIONSPACE.COM Service; (vi) upload or disseminate viruses, malware, or other harmful code; (vii) create a new FASHIONSPACE.COM account after The Company has terminated your account for cause; (viii) distribute or publish spam, unethical or unwanted commercial content, or further unlawful or objectionable acts (such as phishing or spoofing); (ix) use cookies, web beacons, or other means to collect personal information from third parties in connection with your account or FASHIONSPACE.COM sites, appropriate the identity of another person, or post personal or confidential information of any other person, (x) violate The Company's Privacy Policy or any applicable law, rule or regulation; (xi) engage in any action or practice that reflects poorly on The Company or its merchants or otherwise disparages or devalues The Company's reputation or goodwill; or (xii) remove, obscure, or alter any links or other information (e.g. links to The Company's Privacy Policy and Terms of Use) on the default templates provided (or from your FASHIONSPACE.COM magazine(s)). You further agree not direct to any merchant any communication regarding any Authorized Links or Qualified Clicks in connection with your FASHIONSPACE.COM magazine(s) or accounts.

The Company maintains the right to investigate suspected misuses of the FASHIONSPACE.COM program. You acknowledge that any attempted participation in or violation of any of the foregoing is a material breach of the T&C and that The Company may pursue any and all applicable legal and equitable remedies against you, including, without limitation, immediate suspension of your account, deletion of any of your FASHIONSPACE.COM sites hosted by The Company, and the pursuit of all available civil or criminal remedies.

Payment. You shall receive payments based on the number of Qualified Clicks generated from your FASHIONSPACE.COM site (and the associated revenue generated from our Merchant Partners as a result of those Qualified Clicks), the amount determined solely by The Company at its complete discretion. Payment will only be given for merchant products that have advertising dollars assigned to them. Payment will not always be guaranteed as revenue generated from our Merchant Partners is dependent on the amount of remaining advertising dollars the Merchant Partners have assigned to their products with FASHIONSPACE.COM at any given time when qualified clicks occur. Any payments owed to you shall be sent by The Company approximately thirty (30) days after the end of each calendar month for the Qualified Clicks that were completed during that month; however, The Company is not responsible for making payments for any earned balance less than S$100 (Singapore dollars) (for all participants), for any clicks generated prior to the creation and approval of your FASHIONSPACE.COM account, or for any payment based on: (a) any amounts which result from clicks generated by any person, bot, automated program or similar device, as reasonably determined by The Company, including without limitation through any clicks (i) originating from your IP addresses or computers under your control, (ii) solicited by payment of money, false representation, or request for end users to click on Authorized Links, or (b) clicks co-mingled with a significant number of invalid clicks described in (a) above, or as a result of any breach of the T&C by you. The Company reserves the right to withhold payment, offset payment, or charge back your account for amounts due to any of the foregoing or any breach of these T&C by you; in the event that a merchant whose Authorized Link is displayed in connection with your FASHIONSPACE.COM site defaults on payment for such Authorized Links to The Company; for a reasonable time to ensure that the correct amount is paid; and/or if The Company determines that such payment to you in a jurisdiction is illegal under the laws of that jurisdiction. Payment will be made by The Company's choice of either check, PayPal or other electronic payment method. If requested by The Company, you are responsible for providing The Company with accurate information needed to facilitate payment to you.

The Company may change its pricing and/or payment structure at any time. If you dispute any payment made, you must notify The Company within thirty (30) days of any such payment by emailing a detailed description of your dispute to [email protected]; failure to do so shall result in your waiver of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by The Company. You agree that you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, for any bank fees related to returned or cancelled checks due to erroneous contact or payment information, and for payment of all applicable taxes or charges imposed by any government entity in connection with your participation in the FASHIONSPACE.COM Services. You expressly agree that you are responsible for paying any and all income tax related to your earnings in this program.

Termination. You may stop displaying Authorized Links on your FASHIONSPACE.COM site at any time by removing from your FASHIONSPACE.COM sites the links or Widgets provided by The Company in connection with such Authorized Links. You may terminate this Agreement at any time by sending a notice to Fashion Space Pte Ltd, The Central, Soho 1, 6 Eu Tong Sen Street #05-14, Singapore  059817.  The Company may at any time, in its sole discretion, terminate all or part of the FASHIONSPACE.COM Services, terminate these T&C, or suspend or terminate the participation of any FASHIONSPACE.COM site in all or part of the FASHIONSPACE.COM Services.

Your Representations and Warranties. You represent and warrant that (a) all of the information provided by you to The Company is correct and current; (b) you own all of the content you submit and post to your FASHIONSPACE.COM site; (c) you have all necessary rights, power, and authority to enter into these T&C and to perform the acts required of you hereunder; (d) you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 (United States only) and any relevant data protection or privacy laws and regulations) in your performance of any acts hereunder; and (e) your FASHIONSPACE.COM sites, blogs and any materials displayed therein: (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not illegal, pornographic, hate-related, violent, defamatory or otherwise objectionable.

Warranty Disclaimer. THE FASHIONSPACE.COM SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THE COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES, SITES, OR BLOGS (INCLUDING WITHOUT LIMITATION ANY CONTENT, MALWARE, VIRUSES OR OTHER HARMFUL CODE ACCESSED THROUGH ANY BLOG), AUTHORIZED LINKS, QUALIFIED CLICKS, AMOUNT OF POTENTIAL PAYMENTS HEREUNDER, OR FASHIONSPACE.COM SERVICES, OR TECHNOLOGY, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT ACCESS TO OR USE OF THE FASHIONSPACE.COM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE THE COMPANY'S LIABILITY WILL NOT BE RESTRICTED IN THE CASE OF DEATH OR PERSONAL INJURY CAUSED DIRECTLY BY THE THE COMPANY'S DEFAULT OR NEGLIGENCE.

Your Obligation to Indemnify. You agree to indemnify, defend and hold The Company, its agents, affiliates, merchants, suppliers, subsidiaries, directors, officers, employees, and agents (collectively "Indemnified Person(s)") harmless from and against any and all claims, liability, settlements, loss, and expense (including, without limitation, reasonable legal fees and costs), brought against any Indemnified Person(s), arising out of or relating to your use of the FASHIONSPACE.COM Services, your FASHIONSPACE.COM sites(s), and/or your breach of any provision of the T&C.

Confidentiality. You agree not to disclose Confidential Information without the The Company's prior written consent. "Confidential Information" includes without limitation: (a) click-through rates or other statistics relating to performance in the FASHIONSPACE.COM Services provided to you by the The Company; (b) any other information designated in writing by the The Company as "Confidential" or an equivalent designation; and (c) that information which might otherwise be reasonably considered to be confidential. However, you may accurately disclose the amount of the The Company's gross payments to you pursuant to the T&C. Confidential Information does not include information that has become publicly known through no breach by you or The Company, or information that has been (i) independently developed without access to Confidential Information, as evidenced in writing; (ii) rightfully received by you from a third party; or (iii) required to be disclosed by law or by a governmental authority.

Publicity. Where allowed by law, you agree that The Company may use your name and logo in presentations, marketing materials, customer lists, financial reports, website listings of customers, search results pages, and referral pages.

Your Rights, Privacy Policy and Data Protection.

-1- The Company claims no ownership over any original content submitted, posted, or displayed by you on or through the FASHIONSPACE.COM Services, however, by submitting any content to The Company for inclusion on your FASHIONSPACE.COM sites that are hosted by The Company, you grant to The Company and other users the rights and licenses thereto described in the Terms of Use. Without limiting any of your representations or warranties, The Company has the right (though not the obligation) to, in The Company's sole discretion (i) refuse or remove any content that The Company hosts that, in The Company's reasonable opinion, violates any The Company policy or is in any way harmful or objectionable, or (ii) terminate or deny access to or use of the FASHIONSPACE.COM Services (and/or any component thereof) to any individual or entity.

-2- By using the FASHIONSPACE.COM Services you acknowledge that you accept the The Company's Privacy Policy which is available at http://www.fashionspace.com/privacy.

-3- The The Company may from time to time invite you to provide personal information in order to provide you with the FASHIONSPACE.COM Services and to enable you to order goods and participate in the Qualified Clicks program(me). In order to perform the same, the The Company will need to process and store your personal information and may need to transfer it to its own service providers in the United States for processing. By submitting your personal information, you consent to such processing and transfers in connection with all of the aforesaid services and for any other purposes to which you consent at the time you provide the personal information. The The Company follows strict security procedures in the storage and disclosure of personal information so as to prevent unauthorised access by third parties. The The Company also requires those parties to whom it transfers personal information to comply with the same. If you have any queries about the The Company's protection of personal information generally, please contact us at [email protected].

The Company Rights. You acknowledge that, as between you and The Company, The Company owns all right, title and interest, including without limitation all intellectual property rights, in and to the FASHIONSPACE.COM Services (including, without limitation, The Company's referral technology, brands, logos), and that you will not acquire any right, title, or interest in or to the FASHIONSPACE.COM Services except as expressly set forth in these T&C. Except to the extent the provisions of this sentence are expressly prohibited by applicable law, you will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any The Company services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the FASHIONSPACE.COM Services or proprietary information related thereto. You will not remove, obscure, or alter The Company's or any third party's copyright notice, proprietary rights notices, or other notices affixed to or contained within any Authorized Link, or within any The Company or third party service, software, data, image, or other content.

Miscellaneous.

-1- These T&C do not create any agency or partnership relationship, and they are not intended to benefit, nor shall they be deemed to give rise to any rights in, any third party. You may not assign or transfer the rights granted to you in these T&C without The Company prior written consent. No waiver of any provision of these Terms is effective unless it is written and signed by The Company.

-2- These T&C will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or province or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these T&C to be unenforceable, the remainder of these T&C will continue in full force and effect. Failure by the The Company or you to exercise any right or remedy under these terms does not constitute a waiver of that remedy or right.

-3- These T&C, together with the Privacy Policy, FASHIONSPACE.COM Terms of Use and any others of our terms and policies referenced herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

FASHIONSPACE.COM Widgets Terms Of Use

By using the FASHIONSPACE.COM Widgets, you accept and agree to be bound by the terms and conditions in this document (the " Widgets Terms"). Please read each of these documents carefully. If you reject or disagree with any of the terms, you do not have a license to use the FASHIONSPACE.COM Widgets.

We reserve the right to change the Widgets Terms at any time, with or without notice. The most recent version of each can be found, respectively, here and here.

1. Service.

1.1. What We Do.

1.1.1. The FASHIONSPACE.COM Search Engine. We offer a service that collects certain content from third parties and presents it in an aggregated searchable and manipulable format to end users. Through the service, end users can view the content, interact with the content (as described in User Content, section 1.1.3 below), and click upon it to buy an item described by the content, directly from a third-party merchant. Our content collection and shopping service is referred to here as the "FASHIONSPACE.COM Search Engine."

1.1.2. Merchant Content. Through the FASHIONSPACE.COM Search Engine, end users can access content that describes merchandise offered for sale by third-party merchants, as well as promotions, special offers, and similar information; this content is referred to here as "Merchant Content." Merchant Content includes (but is not limited to) text, images, inventory data, information about promotions and special offers or other information provided by third parties about themselves or their merchandise. We do not create Merchant Content; it is created by the third parties, from whose sites it is collected and presented through the FASHIONSPACE.COM Search Engine. While we have agreements directly with some third-party merchants, there are others with which we have no direct relationship other than our accessing of their publicly available Merchant Content through our FASHIONSPACE.COM Search Engine. We do not make any representation or warranty that any Merchant Content is complete or accurate.

1.1.3. User Content. End users can also use the FASHIONSPACE.COM Search Engine to access content created by our end users that is based on or related to Merchant Content. This content is referred to here as "User Content." User Content includes (but is not limited to) text or images submitted by the users to us relating to the Merchant Content (or to the users themselves), as well as compilations of Merchant Content to form registries, "looks," or "magazines" containing items or assortments of merchandise located through the FASHIONSPACE.COM Search Engine. We do not create User Content; our end users create it and present it through our sites under the FASHIONSPACE.COM Terms, which give us certain rights to use the User Content. We do not make any representation or warranty that any User Content is complete or accurate.

1.2. How You Can Use The FASHIONSPACE.COM Widgets. Under these Widgets Terms, you may use the FASHIONSPACE.COM Widgets to create applications or services that access and display Merchant Content or User Content (or both) and that connect your end users to merchants through the FASHIONSPACE.COM Search Engine. We grant you a worldwide, non-exclusive, nonsublicenseable license to use the FASHIONSPACE.COM Widgets for that purpose, subject to the limitations described in these Widgets Terms, including (but not limited to) the following:

1.2.1. You may use the FASHIONSPACE.COM Widgets to access the FASHIONSPACE.COM Search Engine to access and display Merchant Content and User Content to end users, independently or together with other applications or services you provide to end users. Your applications or services must be made generally available to end users at no charge. (If your applications or services are not generally available free of charge, please contact us at [email protected] to inquire about obtaining rights to commercial or fee-based use.)

1.2.2. Neither you nor we own the Merchant Content or the User Content. You may use Merchant Content and the User Content only through the FASHIONSPACE.COM Search Engine, and you may not alter its form, format, appearance, or overall presentation from the way it appears through the FASHIONSPACE.COM Search Engine. You are not allowed to reproduce, distribute, modify, display, or otherwise use the Merchant Content or the User Content, except as it appears through the FASHIONSPACE.COM Search Engine. (For example, you may use the FASHIONSPACE.COM Widgets to serve Merchant Content via the FASHIONSPACE.COM Search Engine to your web page, and to assemble looks or magazines composed of individual items of merchandise; however, you may not copy an image from the Merchant Content and reproduce it, on a standalone basis and without linking back to the retailer through the FASHIONSPACE.COM Search Engine, on your web page.)

1.2.3. You must register with FASHIONSPACE.COM to create your magazines and to use FASHIONSPACE.COM Widgets.

1.2.4. We reserve the right to determine your compliance with these terms and to modify, terminate or suspend your use of the FASHIONSPACE.COM Widgets or the FASHIONSPACE.COM Search Engine at any time, without notice, for any reason. We also reserve the right to establish and modify technical specifications applicable to your use of the WIDGETS, and to modify or discontinue the FASHIONSPACE.COM Widgets itself at any time, with or without notice.

1.3. Prohibited Uses. You may not use the FASHIONSPACE.COM Widgets in any way that derogates the reputation, integrity, or commercial value of us, our end users, the User Content, the Merchant Content, or the third-party creators and owners of Merchant Content. (This obligation extends to and includes the intellectual property embedded in the items described by Merchant Content.) Any use of the FASHIONSPACE.COM Widgets that negatively affects end users or their experience with us (through the FASHIONSPACE.COM Search Engine or otherwise) is prohibited. Without limiting these general prohibitions, here are some examples of specific prohibited uses:

 

1. Violation of any law or regulation, including those concerning:
   1. individual rights and privacy – no defamation, abuse, stalking, harassment, obscenity, violation of privacy rights, or other inappropriate or objectionable use;
   2. intellectual property rights – no infringement of patent, copyright, trademark, trade secret, or other such rights;
   3. consumer protection – no promotion of scams, schemes, deceptions, spam, or other illegal or unwholesome commercial use;
2. Use of the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, or the Merchant Content in any way connected with malicious programs or code, including but not limited to spyware, malware, worms, trojan horses, or viruses
3. Competition with the FASHIONSPACE.COM Search Engine or with the providers of Merchant Content
4. Generating or trying to generate, revenue directly from the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, the Merchant Content, or the User Content (e.g., charging a fee for license or use of either). (To inquire about commercial use rights, please contact us at [email protected].)
5. Concealing, or trying to conceal, your identity or that of your employer, or the nature of your application
6. Using excessive bandwidth or generating excessive calls or requests 

 

2. Ownership and Proprietary Rights.

2.1. Nature of Support. We may release updates, upgrades, or other revisions to the FASHIONSPACE.COM Widgets at any time, in our discretion. Likewise, we may at our option provide you with support in your use of the FASHIONSPACE.COM Widgets. Any such maintenance and support (collectively, "Developer Support") are provided at our option with no guarantees, and may be discontinued by us at any time.

2.2. Support Feedback. Any information that you voluntarily provide us about the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, or the Merchant Content (e.g., bug reports) is deemed our property (or that of our affiliates) and we may use it for any purpose. You hereby assign us full intellectual property rights in any such information, and waive all claims to any compensation for providing it to us.

3. Support.

3.1. FASHIONSPACE.COM Branding. You agree to include a "Powered By FASHIONSPACE.COM" logo (downloadable when you obtain the FASHIONSPACE.COM Widgets), and such other FASHIONSPACE.COM branding features as we may require, in any service or application you build using the FASHIONSPACE.COM Widgets. Our logo, the FASHIONSPACE.COM name, logo, and other trademark- or brand-related features are referred to here as the "FASHIONSPACE.COM Branding."

3.1.1. Use. We hereby grant you a limited, nontransferable, nonsublicenseable, nonexclusive license to display the FASHIONSPACE.COM Branding to identify and advertise your use of the FASHIONSPACE.COM Search Engine and the FASHIONSPACE.COM Widgets, subject to our standard trademark usage guidelines.

3.1.2. Restrictions. Other than as set forth in this section 3.1, we grant you no right, title, or interest in our FASHIONSPACE.COM Branding, and all use by you of the FASHIONSPACE.COM Branding will inure to our benefit. You agree not to use or try to register any branding, trademarks, logos, domain names, or other brand- or trademark-related features that are confusingly similar to our FASHIONSPACE.COM Branding, and you further agree not to challenge our FASHIONSPACE.COM Branding or our registration of it. Further, in your use of the FASHIONSPACE.COM Branding, you will not: imply that we are affiliated with you, endorse you, or that you speak on our behalf; disparage us or our services; display adult content or promote illegal activities (including the sale of alcohol or tobacco to minors); show our FASHIONSPACE.COM Branding more prominently than your own; use the FASHIONSPACE.COM Branding in any prohibited use listed in section 1.3 above; or alter, distort, or remove any aspect of the FASHIONSPACE.COM Branding (e.g., change its color or proportions).

3.1.3. Terminable. We reserve the right, in our discretion, to determine whether you are complying with the obligations of this section 3 and to terminate any right granted to you in these WIDGETS Terms at any time and without notice.

3.2. IP Rights. The FASHIONSPACE.COM WIDGETS, the FASHIONSPACE.COM Engine, the Merchant Content, and the User Content are protected by copyright, trademark, patent, trade secret, and other intellectual property rights. You must abide by all copyright notices, trademark rules, or other notices or restrictions contained in the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, the User Content, and the Merchant Content accessed or used by you, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, the Merchant Content, or the User Content except as specifically permitted in these Widgets Terms, and never in any way that violates any third party right. You shall not remove, obscure, or alter any copyright, trademark, or other notices in the Merchant Content, the User Content, or the FASHIONSPACE.COM Widgets.

4. Privacy Policy. Our current privacy policy can be found at http://www.fashionspace.com/privacy.

5. Termination

5.1. Either Party May Terminate At Any Time. You may terminate your use of the FASHIONSPACE.COM Widgets, FASHIONSPACE.COM Search Engine, Merchant Content or User Content at any time, for any reason or no reason, simply by discontinuing your use thereof and deleting the FASHIONSPACE.COM Widgets, all links to the FASHIONSPACE.COM Search Engine, and all Merchant Content and User Content from your systems. We may terminate your access to part or all of the FASHIONSPACE.COM Widgets, FASHIONSPACE.COM Search Engine, or Merchant Content at any time, with or without notice, and for any reason (including your breach of these Widgets Terms).

5.2. No Liability For Termination. We take no liability for any such termination, even if it results in the forfeiture and destruction of all information associated with your use of the foregoing.

5.3. Survival. All provisions of these Widgets Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

6. Fees and Payments. We reserve the right to require payment of fees in connection with your use of the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, or the Merchant Content, upon ten (10) days' notice to you. Continued use by you of the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, or the Merchant Content after expiration of that notice period constitutes acceptance of the fees and agreement to pay them based on the terms contained in the notice. Any fees paid to us under these Widgets Terms are non-refundable.
7. Warranty Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

7.1. Use Is At Your Own Risk. DOWNLOADING, ACCESS, AND USE OF THE FASHIONSPACE.COM WIDGETS, THE FASHIONSPACE.COM SEARCH ENGINE, MERCHANT CONTENT, AND USER CONTENT ARE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE, INCLUDING DAMAGE TO YOUR SYSTEM OR LOSS OF DATA.

7.2. Provided "As-Is" and "As-Available" Only. WE PROVIDE THE FASHIONSPACE.COM Widgets AND THE FASHIONSPACE.COM Search ENGINE, AND ACCESS TO MERCHANT CONTENT AND USER CONTENT THEREBY, ALL ON AN "AS-IS" AND "AS-AVAILABLE" BASIS ONLY.

7.3. We Disclaim All Warranties. WE, AND OUR LICENSORS (INCLUDING THE PROVIDERS OF MERCHANT CONTENT AND USER CONTENT) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE FASHIONSPACE.COM WIDGETS, THE FASHIONSPACE.COM ENGINE, OR ANY INFORMATION (INCLUDING MERCHANT CONTENT AND USER CONTENT) ACCESSED THROUGH USE OF THE FASHIONSPACE.COM WIDGETS OR THE FASHIONSPACE.COM ENGINE.

7.4. We Make No Guarantees. WE MAKE NO WARRANTY AS TO THE AVAILABILITY OR QUALITY OF (a) THE FASHIONSPACE.COM ENGINE OR THE FASHIONSPACE.COM WIDGETS (EITHER OF WHICH MAY CONTAIN ERRORS, BUGS, OR OTHER PROBLEMS); OR (b) ANY PRODUCTS, SERVICES OR INFORMATION (INCLUDING MERCHANT CONTENT AND USER CONTENT) AVAILABLE THROUGH THE FASHIONSPACE.COM WIDGETS OR THE FASHIONSPACE.COM SEARCH ENGINE.

8. Limitation of Liability. IN NO EVENT WILL WE, OUR LICENSORS, OR OUR OTHER SUPPLIERS (OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) BE LIABLE UNDER THIS AGREEMENT (INCLUDING WITH RESPECT TO THE FASHIONSPACE.COM WIDGETS, THE FASHIONSPACE.COM SEARCH ENGINE, THE MERCHANT CONTENT, OR THE USER CONTENT) UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Limitation. SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.

10. Indemnity. To the maximum extent permitted by applicable law, you agree to hold us harmless and indemnify us (including our subsidiaries, affiliates, officers, agents, licensors, suppliers, partners, and employees) from and against any third-party claim arising from or in any way related to your use of the FASHIONSPACE.COM Widgets, the FASHIONSPACE.COM Search Engine, the Merchant Content, or the User Content, including any liability or expense arising from any such third-party claim, such as losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees. You agree to cooperate as fully as reasonably required in the defense of any claim, and we reserve the right, at our own expense, to assume the exclusive defense and control of any indemnifiable matter.

11. Miscellaneous. These Widgets Terms do not create any agency or partnership relationship, and they are not intended to benefit, nor shall they be deemed to give rise to any rights in, any third party. You may not assign or transfer the rights granted to you in these Widgets Terms without our prior written consent. No waiver of any provision of these Widgets Terms is effective unless it is written and signed by us. These Widgets Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Widgets Terms to be unenforceable, the remainder of these Widgets Terms will continue in full force and effect. These Widgets Terms, together with any others of our terms and policies referenced herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Effective: April 1, 2011