TERMS OF SERVICES FOR FASHIONABLY MARKETING ME/INSIDEFMM
Fashionably Marketing Me, welcomes you. Fashionably Marketing Me (“FMM”) provides the FMM service (defined below) to you subject to the following Terms of Services (“TOS”), which may be updated by us from time to time without notice to you. Your use of FMM’s services and web site (referred to collectively as the “Services”) is subject to the terms of a legal agreement between you and FMM. FMM is owned and operated by WHY THIS WAY, L.L.C. (hereafter WHY THIS WAY, L.L.C will be known as “we”, “our”, “us”) whose principal place of business is at 444 Enclave Circle #204, Costa Mesa, California 92626, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with FMM, your agreement with FMM will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Terms of Service”.
Your agreement with FMM will also include the terms of any Legal Notices applicable to the Services, in addition to the Terms and Service. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
The Terms of Service, together with the Additional Terms, forms a legally binding agreement between you and FMM in relation to your use of the Services. It is important that you take the time to read the TOS carefully. Collectively, this legal agreement is referred to below as the “Terms”.
If there is any contradiction between what the Additional Terms say and what the Terms of Service say, then the Additional Terms shall take precedence in relation to that Services.
All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. FMM may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF FMM SERVICES
Fashionably Marketing Me provides users with access to a wealth of collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (“FMM Services”). You also understand and agree that the FMM Services may include advertisements and that these advertisements are necessary for FMM to provide the FMM Services. You also understand and agree that the FMM Services may include certain communications from FMM, such as service announcements, administrative messages and the FMM Newsletter, and that these communications are considered part of FMM Service. Unless explicitly stated otherwise, any new features that increase or enhances the current FMM Services, including the release of new FMM properties, shall be subject to the TOS. You understand and agree that the FMM Services is provided “AS-IS” and that FMM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You must provide and are responsible for all equipment necessary to access the FMM Services. You understand that the technical processing and transmission of the FMM Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
YOUR REGISTRATION OBLIGATIONS
Service Provider may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Website. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Website, if available.
If you provide any information that is untrue, inaccurate, not current or incomplete, FMM has reasonable grounds to suspend or terminate your account and refuse any and all current or future use of the FMM Services.
If you are under 13 years of age: In compliance with the Children’s Online Privacy Protection Rule, 16 C.F.R. § 312.2, WHY THIS WAY, LLC does not accept membership registrations from users under 13 years of age. WHY THIS WAY, LLC does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to WHY THIS WAY, LLC or its affiliates, and from using portions of the FMM Website for which registration is required, such as our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by WHY THIS WAY, LLC or its affiliates.
If you are at least 13 years of age but not yet 18 years of age: Please have your parents or legal guardian review these Terms of Service with you, discuss any questions you might have, and give you their permission to register and use the Services with both your and their full understanding of these Terms of Service. By using the Services, you are telling us that you and your parent or guardian has joined in this agreement.
Children’s Online Privacy Protection Rule, 16 C.F.R. § 312.5
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not FMM, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the FMM Services. FMM does not control the Content posted via the FMM Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the FMM Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FMM be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the FMM Services.
You agree to not use the FMM Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a FMM official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the FMM Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as fashion, beauty, luxury, retail, and shopping) that are designated for such purpose (please read our complete Spam Policy);
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the FMM Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the FMM Services or servers or networks connected to the FMM Services, or disobey any requirements, procedures, policies or regulations of networks connected to the FMM Services, including using any device, software or routine to bypass our robot exclusion headers; reverse engineer or interfere with the FMM or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the FMM;
- other than connecting to Service Provider’s servers by http requests using a Web browser, you may not attempt to gain access to Service Provider’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “stalk” or otherwise harass another; and/or
- collect or store personal data about other users in connection with ANY AND ALL CONDUCT AND ACTIVITIES SET FORTH IN PARAGRAGHS A THROUGH P ABOVE IS PROHIBITED UNAUTHORIZED.
- the copying, reproduction, publication, display, rearrangement, redistribution, modification, alteration, cropping re-sizing, reverse engineering, removal, deletion or other use or change by you, directly or indirectly, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
You acknowledge, consent and agree that FMM may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of FMM, its users and the public.
You understand that the FMM Services and software embodied within the FMM Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by FMM and/or content providers who provide content to the FMM Services. You may not attempt to override or circumvent any of the usage rules embedded into the FMM Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the FMM Services, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON FMM NETWORK
When you register with FMM, you acknowledge that in using the FMM Services to send electronic communications you will be causing communications to be sent through FMM’s computer networks, and that said computer networks may be located in various locations throughout the United States and abroad. As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
SPECIAL ADMONITION FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the FMM Services and transfer, posting and uploading of software, technology, and other technical data via the FMM Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the FMM Services to parties identified on such lists; (b) agree not to use the FMM Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the FMM Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE FMM SERVICES
FMM does not claim ownership of Content you submit or make available for inclusion on the FMM Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the FMM Services, you grant FMM the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of FMM Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the FMM Services solely for the purposes of providing and promoting the specific FMM Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the FMM Services and will terminate at the time you remove or FMM removes such Content from the FMM Services.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the FMM Services other than FMM Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the FMM Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the FMM Services and will terminate at the time you remove or FMM removes such Content from the FMM Services.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the FMM Services other than FMM Groups, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the FMM Services are those areas of the FMM network of properties that are intended by FMM to be available to the general public. By way of example, publicly accessible areas of the FMM Services would include FMM Message Boards and portions of FMM Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the FMM Services would not include portions of FMM Groups that are limited to members, FMM services intended for private communication such as FMM Mail or FMM Messenger, or areas off of the FMM network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by FMM.
CONTRIBUTIONS TO FMM
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to FMM through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) FMM is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) FMM shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) FMM may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of FMM without any obligation of FMM to you; and (f) you are not entitled to any compensation or reimbursement of any kind from FMM under any circumstances.
You agree to indemnify and hold FMM and its Service Provider including subsidiaries, affiliates, officers, agents, employees, partners and licensors 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, transmit, modify or otherwise make available through the FMM Services, your use of the FMM Services, your connection to the FMM Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF FASHIONABLY MARKETING ME SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the FMM Services (including Content, advertisements, Software and your FMM ID).
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that FMM may establish general practices and limits concerning use of the FMM Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the FMM Services, the maximum number of email messages that may be sent from or received by an account on the FMM Services, the maximum size of any email message that may be sent from or received by an account on the FMM Services, the maximum disk space that will be allotted on FMM’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the FMM Services in a given period of time. You agree that FMM has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the FMM Services. You acknowledge that FMM reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FMM reserves the right to modify these general practices and limits from time to time.
FMM Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your FMM accounts located on FMM servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on FMM too. Your agreement to this TOS constitutes your consent to allow FMM to store these communications on its servers.
MODIFICATIONS TO FASHIONABLYMARKETING.ME SERVICES AND SOFTWARE
FMM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the FMM Services (or any part thereof) with or without notice. You agree that FMM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the FMM Services (or any part thereof).
The Software which you use may automatically download and install updates from time to time from FMM. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit FMM to deliver these to you) as part of your use of the Services.
DEALINGS WITH ADVERTISERS
FMM may include links to third party websites, including links links to other World Wide Web sites or resources. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on FMM are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
The FMM Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that FMM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FMM 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 Content, goods or services available on or through any such site or resource.
You may not use FMM or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications. You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use FMM to violate the terms of this section. We may terminate your access or use of FMM immediately and take any other legal action if you, or anyone using your access to FMM, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
FMM PROPRIETARY RIGHTS
You acknowledge and agree that the FMM Services and any necessary software used in connection with the FMM Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the FMM Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by FMM or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the FMM Services, such Content or the Software, in whole or in part.
FMM grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the FMM Services. You agree not to access the FMM Services by any means other than through the interface that is provided by FMM for use in accessing the FMM Services.
The software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE FMM SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE FMM SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- FMM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE FMM SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE FMM SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FMM SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
- FMM SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FMM SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FMM OR THROUGH OR FROM THE FMM SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FMM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE FMM SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FMM SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE FMM SERVICE.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
FMM may provide you with notices, including those regarding changes to the TOS, including by but not limited to postings on the FMM Services, or other reasonable means now known or FMM hereafter developed. Such notices may not be received if you violate this TOS by accessing the FMM Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the FMM Services in an authorized manner.
You agree that all of FMM’s trademarks, trade names, service marks and other FMM logos and brand features, and product and service names are trademarks and the property of WHY THIS WAY, L.L.C. (The “FMM Marks”). Without FMM’s prior permission, you agree not to display or use in any manner the FMM Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
FMM respects the intellectual property of others, and we ask our users to do the same. FMM may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FMM’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
FMM Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Macala Wright – Copyright Agent
6355 De Soto Ave. Ste. A320
Woodland Hills, CA 91367
By email: WE DO NOT ACCEPT EMAILS
Entire Agreement. The TOS constitutes the entire agreement between you and FMM and governs your use of the FMM Services, superseding any prior version of this TOS between you and FMM with respect to the FMM Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FMM services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and FMM each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and FMM, shall be brought exclusively in the courts located in the county of Los Angeles, California or the U.S. District Court for the Western District of California. You and FMM agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California or the Western District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of FMM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties 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 TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the FMM Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Date of Last Revision: January 15, 2011
© WHY THIS WAY, L.L.C.
All Rights Reserved
FMM adheres to the US Safe Harbor Privacy Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement.
c/o Fashionably Marketing Me
444 Enclave Cir., #204 8033
Costa Mesa, 92626
INFORMATION COLLECTION AND USE
Your FMM Network information consists of personally identifiable information collected or received about you when you interact with the FMM Network’s Web sites, services and offerings as a registered user. Depending on how you use the Network, your FMM Network information may include
- registration-related information (such as name and e-mail addresses);
- information about your visits to FMM Network Web sites and pages, and your responses to the offerings and advertisements presented on these Web sites and pages;
- information about the searches you perform through the FMM Network and how you use the results of those searches;
- information about the FMM Network services or offerings that you use, and how frequently you use them;
- information about how long you have used services from WHY THIS WAY, L.L.C. prior to registering with the Network.
Your FMM Network information may be supplemented with additional information from other companies.
INFORMATION WE COLLECT AND HOW WE USE IT
Information you provide – When you sign up for a FMM “Service” or promotion that requires registration, we ask you for personal information (such as your name and email address). We may combine the information you submit under your account with information from other FMM services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.
Log information – When you access FMM services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
User communications – When you send email or other communications to FMM, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
THIRD PARTY WEBSITES
FMM as a general rule does not permit children under the age of thirteen (13) to register with us or any affiliates of WHY THIS WAY, LLC. In the event that we have collected personal information from a child under the age of 13 without verification of parental consent, we will delete the information as soon as possible. We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the internet.
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Date of Last Revision: January 15, 2011
© WHY THIS WAY, L.L.C.
All Rights Reserved