Site Terms and Conditions of Use

Last updated: May 25, 2018

 

1. Overview

The following terms and conditions (the “Terms of Use”) govern your use of the website and mobile-optimized versions of the website to which these Terms of Use are linked, and which are owned or operated by The Fashion Model Directory and its subsidiaries (“FMD,” “we” and “us”) (collectively, the “Websites”). The term “Website” includes all subdomains of Website and any content, code, data, services, features or functionality made available from or through the Website. We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Website. Changes in the Terms of Use will be effective when posted and your continued use of the Website and/or the services made available on or through the Website after any changes to the Terms of Use are posted will be considered acceptance of those changes. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE WEBSITE, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. If you do not agree to these Terms of Use, you may not access or stop using the Website.

2. Definitions

2. 1 "Service" means any website, mobile site, application and/or other service, regardless of how distributed, transmitted, published, or broadcast and any related pages and Content, under our control.

2.2 "Content" we mean all content, information and material, including software, technology, text, links, posts, messages, emails, music, sound, graphics, pictures, video, games and all audio visual or other material available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties.

2.3 "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

2.4 Where we refer to "FMD", "we", "us" and "our" we mean Fashion One Group, its group companies and assigns and each of our and their respective officers, directors, members, employees, sub-contractors, agents, and representatives.

2.5 Where we refer to "you" and "your" this means or relates to you the user.

3. Age Eligibility and Legal Capacity

3.1 You must be at least 16 years of age in order to use the Service.

3.2 We strongly recommend that if you are 16 years of age or older but not yet 18, you ask your parents for permission before sending any information about yourself to anyone over the internet and we encourage parents to teach their children about safe internet use practices. Parents can find out more here .

3.3 By accessing or using the Service, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Service; if your parent or guardian do not agree with the Agreement as applied to you, then you are not authorized to access or use the Service.

4. Registration Information

In the course of your use of the Website, you may register and be asked to provide certain personalized information to us and/or to create a username and password (such information referred to hereinafter as “Registration Information”). It is not necessary for you to register in order to access and use our Site. You may therefore choose to opt out of providing such information.

FMD’s information collection and use policies with respect to the privacy of such Registration Information are set forth in the Websites’ Privacy Policy which is incorporated herein by reference for all purposes (the “Privacy Policy”).

You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete and correct; and (b) you will maintain the accuracy and completeness of such information. (c) If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the Website.

You are responsible for maintaining the confidentiality of your username, password and other credentials (your “Credentials”). FMD is not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify FMD of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement. FMD cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

5. Use of the Service by You

5.1 You may retrieve and display Content from this Service on a computer screen or other device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of any Content. You agree to use the Service only for your own personal non-commercial use and lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

5.2 Notwithstanding anything else in these terms and conditions, you agree not to use the Services:

· 5.2.1 in any way that breaches any applicable local, national or international law or regulation;

· 5.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

· 5.2.3 for the purpose of harming or attempting to harm minors in any way;

· 5.2.4 to send, knowingly receive, upload, submit download, use or re-use any material which does not comply with our Acceptable Content Policy below;

· 5.2.5 to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);

· 5.2.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or

· 5.2.7 to copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through the Service, including by an automated or manual process or otherwise;

5.3 Other than connecting to FMD's servers by HTTP requests using a web browser, you may not attempt to gain access to FMD's servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

5.4 You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others' use of the Service.

6. Third Party Sites, Service Providers and Linking to the Service

6.1 The website may include links to services supplied by or operated by third parties including advertisers and other content providers. We do not control such linked services, and are not responsible for their content, functionality or legality. Those third parties may collect data or solicit personal information from you; we are not responsible for the collection, use or disclosure of any information those services may collect. Linking to any other service or website from this Service is at your own risk. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites.

6.2 The inclusion of any link to such Linked Sites on our Websites does not imply FMD’s endorsement, sponsorship, or recommendation of that site. FMD cannot guarantee the standards of any websites to which links are provided on the Websites nor shall FMD be held responsible for the contents of such sites, or any subsequent links. FMD does not represent or warrant that the contents of any third-party websites are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, FMD is not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

6.3 Any service that links to or otherwise interacts with this Service must not

· 6.3.1 create a frame or any other browser or border environment around our Content, unless previously agreed with us;

· 6.3.2 harvest or scrape Content either from our pages, databases or our feeds and reuse for its own or public use, unless previously agreed with us;

· 6.3.3 imply that FMD is endorsing it or its products or services;

· 6.3.4 infringe any intellectual property or other right of any person;

· 6.3.5 contain content that could be construed as illegal, distasteful, offensive, controversial or otherwise detrimental to FMD's reputation or commercial interests.

6.4 FMD expressly reserves the right to require that any link or activity which is in breach of these terms and conditions be removed and/or ceased, and to take whatever other action we deem appropriate.

7. Content Feeds

RSS (really simple syndication) service and other syndication formats such as Atom, as well as APIs (application programming interfaces) (collectively, the “Content Feeds”) are means by which FMD offers feeds of story headlines in XML or JSON format (“FMD Content”) to visitors to the Websites who use the applicable Feed aggregators. You must use the Content Feeds as provided by FMD, and you may not edit or modify the text, content or links supplied by FMD. The applicable Content Feed service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the Websites. You may not display the FMD Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Website web page. You may not insert any intermediate page, splash page or other content between the Content Feed link and the applicable Website web page. You must provide attribution to the appropriate Websites in connection with your use of the Content Feeds. If you provide this attribution using a graphic, you must use the appropriate Website logo that we have incorporated into the Content Feed. FMD reserves the right to discontinue providing any or all of the Content Feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the Content Feeds for any reason including, without limitation, your violation of any provision of these Terms of Use. FMD assumes no liability for any of your activities in connection with the Content Feeds or for your use of the Content Feeds in connection with your websites or any other properties.

8. Intellectual and other Property Rights

Your access and use of the Service and Content is for personal and noncommercial purposes only. The rights granted to you in this Agreement are subject to the following restrictions:

8.1 All Content and other material on the Service is property of FMD and/or its Affiliates and the third-party copyright holders (and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws). All such rights are reserved to us and our licensors.

8.2 You agree not to remove, obscure, or alter any copyright, patent, trade mark, or other proprietary rights notices appearing on the Service. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from.

8.3 Making unauthorized copies of Content found on this Service may result in the prohibition of your use of the Service and further legal action. You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Service (including any code used) or Content, whether or not for profit.

8.4 You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Services or Content unless expressly permitted by FMD in writing. You may not incorporate the Services or Content into, or stream or retransmit the Services or Content via, any hardware or software application or make the Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Services or Content with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Services, Content or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Services or its servers and infrastructures.

8.5 If you provide FMD any feedback or suggestions for improving your use of the Service (“Feedback “), you hereby assign to FMD all rights in the Feedback and agree that FMD shall have the right to use such Feedback and related information in any manner it deems appropriate. FMD will treat any Feedback you provide to FMD as non-confidential and non-proprietary. You agree that you will not submit to FMD any information or ideas that you consider to be confidential or proprietary.

8.6 If you want to use content from our site as part of the fair use law, please have a look at our Content Licensing section or send us an email at

9. Credifair and Copyright Infringement

We respect the intellectual property rights of others, and require that the people who use the Website, or the services or features made available on or through the Website, do the same. FMD respects aims to be the largest credited fashion database and to achieve this, we have created Credifair, a new on-the-fly crediting system to fasten the process of being credited on FMD.

In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, if you believe you have found photo shoots or any other material you have worked on, you can click on the Credifair button at the bottom of the page with your work, fill out the form and request the credit for your work.

We also invite all our third-party copyright holders, especially photographers, to request credits for their work, as we get many inquiries from potential clients. Some images on our site are used here under the "Fair Use Law" provisions of Section 107 of the U.S. Copyright Act. Every effort has been made to credit the source and copyright holder.

If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another online location that contains material or activity that infringes your copyright, please contact us.

10. Indemnification

You agree to indemnify, defend and hold FMD and its directors, officers, employees, agents, successors and assigns harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from (a) your use of the Website, (b) your placement or transmission of Submitted Materials or any other message, content, information, software or other materials through the Website, and/or (c) your breach or violation of any applicable law or regulation or these Terms of Use. FMD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with FMD’s defense of such claim. You agree not to settle any matter without the prior written consent of the General Counsel of FMD.

11. Disclaimer of Warranty and Limitation of Liability

11.1 To the maximum extent permitted by applicable law, you expressly agree that your use of the Service is at your own risk. The Service is provided on an "as is" and "as available" basis for your use, and to the extent permitted by applicable law, FMD and its licensors, vendors, suppliers, service providers, and their respective officers, directors, members, employees, sub-contractors, agents, and representatives hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Service.

11.2 FMD does not represent or warrant that access to the Service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Service. We do not guarantee that you will be able to access or use the Service at times or locations of your choosing, or that we will have adequate capacity for the Service as a whole or in any specific geographic area.

11.3 In no event, including but not limited to negligence, shall we, or any of our affiliates or their respective directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the website or the content, materials and functions related thereto, your provision of information via the website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages.

11.4 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the website.

12. Termination

We have the right to restrict, suspend or terminate your access to the website and its services with or without notice and for any reason, including, without limitation, breach of our Terms of Use or applicable law. Upon such termination, suspension, or restriction, all rights granted to you will automatically terminate and immediately revert to FMD and all rights granted by you to FMD shall survive in perpetuity. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

13. Privacy Policy

The information that you provide about yourself to us or otherwise collected by us about you will only be used by FMD in accordance with our Privacy Policy.

14. Additional Rules

We reserve the right to post, from time to time, additional terms and conditions that apply to specific parts of the Service. Such additional terms and conditions will be posted in the relevant parts of the Service, and will be clearly identified. Your use of those parts of the Service constitutes your agreement to those additional terms and conditions.

15. Entire Agreement

This Terms of Use (including the Privacy Notice) constitutes the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Terms of Use is, for any reason, found to be invalid or unenforceable by a court of competent jurisdiction, 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 Terms of Use remain in full force and effect.

16. Governing Law

In the event that any term of these terms and conditions is held to be invalid or unenforceable, the remainder of the terms and conditions shall remain valid and enforceable. These terms and conditions are governed by and construed in accordance with the laws of Bosnia and Herzegovina , and will be subject to the exclusive jurisdiction of the courts of Sarajevo, Bosnia and Herzegovina. If you need any help or have any questions, please feel free to contact us at the postal or email address set out at the head of these terms and conditions.

17. Changes to this Agreement

We expressly reserve the right to change these Terms of Use from time to time without notice to you. You should visit this page or section regularly to review the current version of the Agreement and familiarize yourself with any modifications. Your continued use of the site will be deemed as irrevocable acceptance of any revisions.

18. Contact Us

If you have any questions about this Agreement, you may contact us by email at

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