Acceptance of terms
Welcome to the CheckMyFashion service ("CheckMyFashion"), provided to you by TTD Solutions BV. ("we" or "us"). These Terms of Use ("TOU") govern your use of CheckMyFashion and content made available through CheckMyFashion. By using CheckMyFashion, you accept and agree to be bound by the TOU. If you disagree with the TOU or any changes thereto, you should discontinue your use of CheckMyFashion. The TOU may be updated by us from time to time with or without notice to you. We will use reasonable endeavours to inform you of any update(s) to the TOU that will materially impact your use of CheckMyFashion within our sole discretion and within a reasonable period of the update(s) being made. You should review the TOU periodically for changes at: http://CheckMyFashion.com/terms-use
CheckMyFashion service
CheckMyFashion provides users access to on-line application for managing users' self expressed "wants" of products or services as well as online forums and personalized content. The "wants" may be expressed either on CheckMyFashion.com site or through links on the websites of participating product suppliers or service providers ("Promoters"). The expressed "wants" are used by the Promoters to target their promotion campaigns ("Campaigns") in CheckMyFashion to such interested users. Promoters shall follow the CheckMyFashion Campaign Guidelines for Promoters as valid from time to time. CheckMyFashion users may be (i) individuals accessing CheckMyFashion for the purposes of expressing their "wants" or opinions, or (ii) individual representatives of Promoters. Unless explicitly stated otherwise, any new feature or enhancement or release of new properties to CheckMyFashion shall be subject to the TOU. Your use of CheckMyFashion may also be subject to Campaign Guidelines for Promoters that may be changed by us from time to time. All such guidelines and policies are incorporated by reference into the TOU. In case of inconsistency between the TOU and any guidelines or policies, the TOU will prevail.
CheckMyFashion account, password and security
Individual end users may use their Facebook - account login information for access to CheckMyFashion. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account and of any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You must be at least sixteen (16) years of age. If you are not of legal age in your country of residence, you must have your parent or legal guardian to complete the registration on your behalf. If you provide any information about yourself that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any future use of CheckMyFashion (or any portion thereof).
Wants and Campaigns
We may log your activities within CheckMyFashion, including your "wants" and participation in the campaigns of the Promoters. We may only use such information for statistical purposes or to assist Promoters in targeting their campaigns. Products and services are displayed at CheckMyFashion by Promoters as independent merchants. We have no direct control whatsoever over the individual products or services or the deliveries thereof promoted through CheckMyFashion and therefore your participation in Campaigns is at your sole risk.
Content
All information, data, text, software, music, sound, photographs, graphics, video, messages and other materials in CheckMyFashion ("Content") are the sole responsibility of the person from whom such Content originates. You are entirely responsible for all Content that you upload to, post in or transmit via CheckMyFashion, including your expressed "wants". We do not control the Content and do not guarantee the accuracy, integrity or quality of Content. You acknowledge that by using CheckMyFashion, you may be exposed to Content that is incorrect or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, errors or omissions in Content, or for any loss or damage incurred as a result of the use of any Content. You agree not to use CheckMyFashion to:
upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge or manipulate any identifiers in order to disguise the origin of Content posted in CheckMyFashion;
upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information);
upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt CheckMyFashion or servers or networks connected to CheckMyFashion, or otherwise act in a manner that negatively affects other users' ability to use CheckMyFashion;
collect, process, combine or store personal data about other users or "stalk" or harass anyone.
You acknowledge that we have no obligation to monitor any Content. We shall have the right (but not the obligation) in our sole discretion to refuse, move or remove any Content that is available via CheckMyFashion that may violate the TOU or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of any Content.
Posting content in CheckMyFashion
With respect to Content that you elect to post in CheckMyFashion, you grant us a perpetual, world-wide, non-exclusive, royalty free license to publish, reproduce and modify such Content solely for the purpose of promoting sales of products in CheckMyFashion. You acknowledge that you are solely responsible for any personal data or information, including your "wants", that you choose to disclose and make publicly accessible via CheckMyFashion, and that under no circumstances will we be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any Content including personal data or information posted to CheckMyFashion by you may remain publicly accessible for an indefinite period unless and until You request that this Content is removed.
CheckMyFashion privacy policy
Registration Data and certain other information about you is subject to CheckMyFashion Privacy Policy. For more information, please see our full privacy policy at http://CheckMyFashion.com/privacy-policy. Personal information collected by us may be stored and processed within the European Union. You agree that we may access, preserve, and disclose your account information, your account logs and your Content:
to our affiliated companies worldwide for the purpose of providing the Content to you and others in an efficient manner;
for the purpose of properly administering your account in accordance with our standard operating procedures; and
if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to:
comply with legal process;
enforce this TOU;
respond to claims that any Content violates the rights of third-parties;
respond to your requests for customer service; or
protect the rights, property, or safety of CheckMyFashion, its users and the public.
Compliance with local laws and rules
You agree to comply with all local laws and rules regarding online conduct and acceptable Content as well as with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
Modifications to CheckMyFashion
We reserve the right at any time to modify or discontinue, temporarily or permanently, CheckMyFashion (or any part thereof) with or without notice. Where possible, We will use reasonable endeavours to inform You within a reasonable period of any modification to CheckMyFashion that materially adversely impacts your use of CheckMyFashion or if CheckMyFashion is to be discontinued permanently. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of CheckMyFashion.
Links
CheckMyFashion may provide, or third parties may provide, links to other Internet sites or resources as part of Campaigns or otherwise. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any materials or services on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such materials or services available on or through any such site or resource.
Proprietary rights
You acknowledge and agree that CheckMyFashion contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through CheckMyFashion is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on CheckMyFashion or Content, in whole or in part. You agree not to access, or make an attempt to access CheckMyFashion by any means other than through the interface that is provided by us for use in accessing CheckMyFashion.
Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents and other partners, merchants and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through CheckMyFashion, your use of or connection to CheckMyFashion, your violation of the TOU, or your violation of any rights of another.
Disclaimers
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: • (i) YOUR USE OF CHECKMYFASHION IS AT YOUR SOLE RISK. CHECKMYFASHION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. • (i) WE MAKE NO WARRANTY OR REPRESENTATION THAT • CHECKMYFASHION WILL MEET YOUR REQUIREMENTS, • CHECKMYFASHION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CHECKMYFASHION WILL BE ACCURATE OR RELIABLE; OR THAT • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PROMOTED THROUGH CHECKMYFASHION OR SUBSEQUENTLY PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS • (i) DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE USE OF CHECKMYFASHION IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. • (i) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM CHECKMYFASHION SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOU.
Limitation of liability
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: • THE USE OR THE INABILITY TO USE CHECKMYFASHION OR ANY PRODUCT PROMOTED THROUGH OR OTHERWISE DISPLAYED IN CHECKMYFASHION; • THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PROMOTED THROUGH CHECKMYFASHION; • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON CHECKMYFASHION; OR • ANY OTHER MATTER RELATING TO CHECKMYFASHION OR PRODUCTS PROMOTED THROUGH OR OTHERWISE DISPLAYED IN CHECKMYFASHION. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT PRODUCT AND SERVICES. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, TO BE VALID ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF CHECKMYFASHION, ANY PRODUCTS PROMOTED THROUGH OR OTHERWISE DISPLAYED IN OR SOLD THROUGH CHECKMYFASHION OR THE TOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
Exclusions and limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU. NOTHING IN THIS TOU SHALL AFFECT THE STATUTORY RIGHTS OF CONSUMERS.
Termination
You agree that we may terminate, in our sole discretion, your use of CheckMyFashion, and remove and discard any Content within CheckMyFashion, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the TOU. You agree that any termination of your access to CheckMyFashion under any provision of this TOU may be effected at any time, and acknowledge and agree that we may immediately deactivate or delete your account. Where possible and within our sole discretion, We will use reasonable endeavours to provide You with notice of termination and deactivation or deletion of your account within a reasonable period after termination. Any account that has not been used for a certain period of time may be terminated and all contents therein permanently deleted by us. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by CheckMyFashion. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to CheckMyFashion.
Notice
Notices to you may be made via either email or regular mail. We may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on CheckMyFashion.
Trademark information
CheckMyFashion logo and CheckMyFashion trademarks and service marks, and other CheckMyFashion logos and product and service names are our trademarks Oy ("CheckMyFashion Marks"). Without our prior permission, you agree not to display or use in any manner, the CheckMyFashion Marks.
Copyrights and copyrights agents
We respect the intellectual property of others, and we expect our users to do the same. If you believe that any of your intellectual property rights have been infringed on CheckMyFashion, please report the problem to CheckMyFashion Customer Care.
General information
This TOU (including the practices and policies referred to herein) constitute the entire agreement between you and us and govern your use of CheckMyFashion, superseding any prior agreements between you and us. Your use of CheckMyFashion may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This TOU and the relationship between you and us shall be governed by the laws of Finland. You agree to submit to the exclusive jurisdiction of the Finnish courts. Any failure by us to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect. Neither you nor we may assign or transfer any rights or obligations under this TOU without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of our rights and obligations (without your prior consent) to any of our affiliated companies.
Violations
Please report any violations of this TOU to CheckMyFashion Customer Care.