FASHION STORK TERMS AND CONDITIONS
Last Revised: May 26th, 2016
PLEASE PRINT AND RETAIN A COPY FOR YOUR RECORDS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING OUR WEBSITE AND SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS AND POLICIES HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR WEBSITE OR OUR SERVICES.
ALL VISITORS TO OR USERS OF THE WEBSITE AND SERVICES, WHETHER SUBSCRIBED MEMBERS OR NOT, ARE CONSIDERED USERS OF THE SERVICES FOR PURPOSES OF THIS AGREEMENT. IF YOU REGISTER FOR THE SERVICES BY PROVIDING YOUR EMAIL ADDRESS AND CREATING AN ACCOUNT OR BECOME A “SUBSCRIBING MEMBER” BY CONSUMMATING A PURCHASE, YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE.
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR PURCHASING ANY PRODUCTS OR SERVICES THROUGH THE WEBSITE.
If you have any questions or comments about these Terms and Conditions, please contact Fashion Stork by writing to us at: Fashion Stork, Inc., Attn: Member Services, 2470 Ash Street, #3, Vista, CA 92081, via email at firstname.lastname@example.org or via telephone (toll free) at (585) 237-8675.
These Terms and Conditions (the “Agreement”) constitutes a legal agreement that governs our relationship with users and others that interact with Fashion Stork, Inc. (“Fashion Stork,” “we,” or “us”) in connection with the use of the Fashion Stork website located at www.FashionStork.com (the “Website”) and our services, including, without limitation, membership subscription services for products selected for you by Fashion Stork stylists (the “Services”).
1. How it Works
Input your size, style and preferences. Your input provides our stylists an idea of how to select items that we believe that you may enjoy. A stylist picks out 2 to 4 items to send to you via one of our Fashion Stork boxes (“Box” or “Boxes”) based upon your size, style and preferences. In limited circumstances, we may also offer stylist consultations that invite your feedback regarding your personal preferences. Fashion Stork makes no representation, warranty or guarantee regarding the availability of any items, that specific requests will or can be fulfilled, or with respect to the number and /or actual retail value of items provided.
The date of your membership subscription is the date that you consummate a purchase (e.g., the day of your checkout and first order or the day that you modify your subscription package) as a subscribing member. Following consummation of purchase, you will receive an email from Fashion Stork that includes, without limitation, the material terms and information regarding how to cancel or obtain a refund.
Membership subscriptions are for a pre-paid 30, 60 or 90-day subscription term (“Initial Subscription Term”). After your Initial Subscription Term, and again after each subsequent subscription term of the same duration, your membership subscription will automatically continue for additional equivalent periods at the same price (excluding any applicable taxes or fees) (each, a “Renewal Term”).
IF YOU FAIL TO CANCEL AT LEAST TWO (2) BUSINESS DAYS PRIOR TO THE END OF THE INITIAL SUBSCRIPTION TERM OR ANY RENEWAL TERM (BEFORE MIDNIGHT, PACIFIC STANDARD TIME), YOUR MEMBERSHIP SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED (E.G., UNLESS YOU TIMELY CANCEL, A 60 DAY SUBSCRIPTION WILL AUTOMATICALLY RENEW EVERY 60 DAYS).
You expressly authorize Fashion Stork to charge your payment method and automatically renew your membership subscription in the selected amount (E.G., $75.00/30-day subscription plan; $77.00/60-day subscription plan; or $80.00/90-day subscription plan (includes standard S&H)), plus all related taxes or fees, at the beginning of your Initial Subscription Term, and again in the same amount(s) on a recurring basis at the start of each subsequent Renewal Term, unless you cancel your membership subscription as set forth herein, or if Fashion Stork no longer offers the membership subscription service.
You can modify your subscription package (e.g, the frequency of how often you receive Boxes), at any time.
Boxes are typically shipped within 3 to 7 days following payment submission and can take approximately 4 to 12 business days to arrive, via standard shipping. Fashion Stork also offers you the option to select expedited shipping for an additional cost of $2.95. EXPEDITED SHIPPING COSTS ARE AN ADD-ON COST AND ARE NOT PAID BY FASHION STORK. Packages shipped on an expedited basis can take approximately 3 to 5 business days to arrive. Fashion Stork reserves the right to select the carrier for each individual shipment. Shipping times and rates may vary based upon your shipping preferences. At this time we do not ship internationally. Fashion Stork will forward you a notification via electronic mail when you Boxes are ready to ship. Fashion Stork will also pay for return shipping and offers free return labels, unless your return originates from an APO/FPO or international address, in which case, you are solely responsible for return shipping costs. In the event your package is shipped back to us for an incorrect address or refusal, you may be subject to a shipping fee of $8.00.
Charges will appear as “www.FashionStork.com 858-237-8675.” You may cancel your membership subscription and avoid recurring charges by contacting us via our Contact page, via email at email@example.com, via telephone (toll free) at (585) 237-8675 (9 AM – 4 PM PT M-F) or by writing to us at Fashion Stork, Inc., 2470 Ash Street, #3, Vista, CA 92081 (effective when deposited in the mail properly addressed with postage prepaid). You may also cancel your membership subscription and obtain a full refund at any time before midnight, Pacific Standard Time of the third business day following the date of your membership subscription or commencement of any Renewal Term by contacting us as set forth above. Email us at firstname.lastname@example.org to request a copy of this Membership Subscription Automatic Renewal Policy.
Fashion Stork reserves the right to offer additional products and services in our sole discretion and this Agreement shall apply to all additional products and/or services unless otherwise indicated. Fashion Stork also reserves the right to cease offering any of the Services. You agree that Fashion Stork shall not be liable to you or any third-party for any modification, revision, suspension or discontinuance of any of the Services.
To the extent that your use of the Services may be subject to additional terms and policies, and such terms and conditions shall be presented or accessible to you by Fashion Stork when you subscribe to use, or use, such Services (“Additional Terms”). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated.
Modifications to this Agreement will be reflected via the date indicated above. Visitors to the Website shall be bound by any/all such changes immediately upon posting and use of the Website following such revisions shall constitute acceptance of the revised Agreement. This version of the Agreement shall apply to subscribing members until such time of subscription renewal and/or termination. Upon subscription renewal and/or termination, you hereby agree that you expressly accept any subsequent revisions hereto.
By accessing or using the Website and/or Services, you represent and warrant that you are at least 18 years of age, you have the authority to agree to the terms set forth in this Agreement and that you are not using the Website and/or Services for an improper purpose.
3. Price and Membership Subscription Package Options
The date of your membership subscription is the date that you consummate a purchase (e.g., the day of your checkout and first order or the day that you modify your subscription package) as a subscribing member. Membership subscriptions are for a pre-paid 30, 60 or 90-day subscription term (“Initial Subscription Term”).
After your Initial Subscription Term, and again after each subsequent subscription term of the same duration, your membership subscription will automatically continue for additional equivalent periods at the same price (excluding any applicable taxes or fees) (each, a “Renewal Term”).
When you are ready to begin enjoying the benefits of becoming a Fashion Stork subscribing member, we are pleased to offer you the following membership subscription packages (includes standard S&H):
- $75.00/30-day subscription plan;
- $77.00/60-day subscription plan; and
- $80.00/90-day subscription plan
The foregoing prices are exclusive of applicable taxes, fees and expedited shipping for an additional cost of $2.95. EXPEDITED SHIPPING COSTS ARE AN ADD-ON COST AND ARE NOT PAID BY FASHION STORK. Fashion Stork reserves the right to select the carrier for each individual shipment.
Boxes contain 2 to 4 pieces of clothing and/or accessories. You can modify your subscription package (e.g, the frequency of how often you receive Boxes), at any time. The date that you modify your subscription package and consummate a purchase shall be considered a new Initial Subscription Term.
Payments will automatically be charged to the same credit card (or applicable payment method) that you used for the original membership subscription or the most recent renewal. Please notify Fashion Stork at via email at email@example.com or via telephone (toll free) at (585) 237-8675 prior to the renewal date of any changes to your email, account or billing information. Each Renewal Term price will be the same price as for the Initial Subscription Term, plus applicable taxes, unless Fashion Stork provides you advance notice of a price change. You will also receive a notice if there are any changes to the membership subscription service terms or the Agreement.
YOU ACKNOWLEDGE THAT YOUR MEMBERSHIP SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD BASED ON THIS MEMBERSHIP SUBSCRIPTION AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.
Please be certain to review the terms of this Agreement frequently. Fashion Stork reserves the right to modify this Agreement and our policies, and/or modify the prices charged for the Services and the Services offered in our sole discretion and at any time, and with the exception of a material change in the automatic renewal terms, with or without notice to you. In case of a material change in automatic renewal terms, Fashion Stork will provide you with notice of such change and information regarding how to cancel. Notwithstanding the foregoing, Fashion Stork shall honor price quotations provided to you prior to any price modification.
4. Payment Method
Fashion Stork offers various payment methods - credit card or by debit card. You authorize Fashion Stork to automatically charge you for the membership subscription Services via the selected payment method, and you agree to make payment (plus all related taxes or fees) using such payment method, until you cancel your membership subscription as set forth in this Agreement. Your non-termination or continued use of the subscription Services reaffirms that Fashion Stork is authorized to charge your payment method. You expressly agree to provide (and maintain) current, complete and accurate billing information. You also expressly agree that Fashion Stork may receive and use updated payment method information provided by financial institutions or payment processors, such as updated expiration dates or account numbers. You agree to directly pay all amounts due upon demand from Fashion Stork if we do not receive payment from your specific payment method provider. You agree to reimburse Fashion Stork for all collection costs and interest for any overdue amounts.
5. Membership Subscription Automatic-Renewal
IF YOU BECOME A FASHION STORK SUBSCRIBING MEMBER, YOU EXPRESSLY ACCEPT THESE TERMS AND CONDITIONS AND AUTHORIZE FASHION STORK TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD IN THE SELECTED AMOUNT AT THE BEGINNING OF YOUR INITIAL SUBSCRIPTION TERM, AND AGAIN IN THE SAME AMOUNT(S) ON A RECURRING BASIS AT THE START OF EACH SUBSEQUENT RENEWAL TERM.
Membership subscriptions are for a pre-paid 30, 60 or 90-day subscription term. THE DATE OF YOUR MEMBERSHIP SUBSCRIPTION IS THE DATE THAT YOU CONSUMMATE A PURCHASE (E.G., THE DAY OF YOUR CHECKOUT AND FIRST ORDER OR THE DAY THAT YOU MODIFY YOUR SUBSCRIPTION PACKAGE) AS A SUBSCRIBING MEMBER. AFTER YOUR INITIAL SUBSCRIPTION TERM, AND AGAIN AFTER EACH SUBSEQUENT SUBSCRIPTION TERM OF THE SAME DURATION, YOUR MEMBERSHIP SUBSCRIPTION WILL AUTOMATICALLY CONTINUE FOR ADDITIONAL EQUIVALENT PERIODS AT THE SAME PRICE (EXCLUDING ANY APPLICABLE TAXES OR FEES) (EACH, A “RENEWAL TERM”).
Expressly subject to the foregoing restrictions, to cancel your membership subscription and avoid recurring charges, contact us via our Contact page, via email at firstname.lastname@example.org, via telephone (toll free) at (585) 237-8675 or by writing to us at Fashion Stork, Inc. at 2470 Ash Street, #3, Vista, CA 92081 (effective when deposited in the mail properly addressed with postage prepaid).
IF YOU FAIL TO CANCEL AT LEAST TWO (2) BUSINESS DAYS PRIOR TO THE END OF THE INITIAL SUBSCRIPTION TERM OR ANY RENEWAL TERM (BEFORE MIDNIGHT, PACIFIC STANDARD TIME), AS SET FORTH IN SECTION 8, YOUR MEMBERSHIP SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE INITIAL SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS YOU TIMELY CANCEL, A SIXTY (60) DAY SUBSCRIPTION WILL AUTOMATICALLY RENEW EVERY SIXTY (60) DAYS).
YOU MAY ALSO CANCEL YOUR MEMBERSHIP SUBSCRIPTION AND OBTAIN A FULL REFUND AT ANY TIME BEFORE MIDNIGHT, PACIFIC STANDARD TIME OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF YOUR MEMBERSHIP SUBSCRIPTION OR COMMENCEMENT OF ANY RENEWAL TERM.
6. Additional Cancellation Rights
If you are as subscribing member, you also have the following additional membership subscription automatic-renewal cancellation rights.
- If by reason of death or Disability (as defined below) you are unable to receive all Services for which you have contracted, you and your estate may elect to be relieved of the obligation to make payments for the Services other than those received before death or the onset of disability. If you have prepaid any amount for Services, so much of the amount prepaid that is allocable to Services that you have not received shall be promptly refunded to you and your representative. “Disability” means a condition which precludes you from physically using the Services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. The written verification of the physician shall be presented to Fashion Stork. If the physician determines that the duration of the disability will be less than six months, Fashion Stork may extend the term of the Agreement for a period of six months at no additional charge to you in lieu of cancellation; or
- If you permanently relocate your primary residence further than fifty (50) miles from any area in which Fashion Stork offers the Services.
Upon such election, your membership subscription benefits will cease and you will receive a prorated refund of the membership subscription fee paid, applicable.
Expressly subject to the foregoing restrictions, to cancel your membership subscription and avoid recurring charges, contact us via our Contact page, via email at email@example.com, via telephone (toll free) at (585) 237-8675 or by writing to us at Fashion Stork, Inc. at 2470 Ash Street, #3, Vista, CA 92081 (effective when deposited in the mail properly addressed with postage prepaid).
7. Notice of Automatic Renewal
Following registration, you will receive an email from Fashion Stork that includes, without limitation, the material terms and information regarding how to cancel or obtain a refund. All notices regarding your membership subscription will be sent to your last email of record.
8. How to Cancel Automatic Renewal of Membership Subscription
THE DATE OF YOUR MEMBERSHIP SUBSCRIPTION IS THE DATE THAT YOU CONSUMMATE A PURCHASE (E.G., THE DAY OF YOUR CHECKOUT AND FIRST ORDER OR THE DAY THAT YOU MODIFY YOUR SUBSCRIPTION PACKAGE) AS A SUBSCRIBING MEMBER.
IF YOU FAIL TO CANCEL AT LEAST TWO (2) BUSINESS DAYS PRIOR TO THE END OF THE INITIAL SUBSCRIPTION TERM OR ANY RENEWAL TERM (BEFORE MIDNIGHT, PACIFIC STANDARD TIME), YOUR MEMBERSHIP SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED. YOU MAY ALSO CANCEL YOUR MEMBERSHIP SUBSCRIPTION AND OBTAIN A FULL REFUND AT ANY TIME BEFORE MIDNIGHT, PACIFIC STANDARD TIME OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF YOUR MEMBERSHIP SUBSCRIPTION OR COMMENCEMENT OF ANY RENEWAL TERM.
You may cancel your membership subscription and avoid recurring charges by contacting us via our Contact page, via email at firstname.lastname@example.org, via telephone (toll free) at (585) 237-8675
(9 AM – 4 PM PT M-F) or by writing to us at Fashion Stork, Inc., 2470 Ash Street, #3, Vista, CA 92081 (effective when deposited in the mail properly addressed with postage prepaid).
Cancellations are effective at the end of the then-current membership subscription term for which you have already paid and your membership subscription will not be renewed after the applicable membership subscription term expires.
Please keep a record of when your Initial Subscription Term and any Renewal Term ends. You are responsible for timely canceling your membership subscription regardless of whether you receive any notice from Fashion Stork.
9. 365 Day Exchange Policy
Only active subscribing members are eligible to take advantage of Fashion Stork’s 365 Day Exchange Policy. Customers that have already cancelled their membership subscriptions or that have a cancellation request pending are not eligible.
You may be eligible to exchange a Box, if:
- The item is returned within 365 from the date that the corresponding Box was shipped; or
- You have not already cancelled your membership subscription or have a cancellation request pending;
Fashion Stork also reserves the right to issues exchanges, at its sole discretion.
In order to be eligible for an exchange, you must return the item(s) in new/unused condition, and include the original packaging with all tags included. The merchandise must be free of any odors, such as smoke, cologne or deodorant. Items sent back damaged will not be exchanged and will be returned to the customer (customer will be responsible for a return shipping cost of $8.00, billed to the payment method on file).
In the event you request a size-exchange that is not available, Fashion Stork reserves the right, in its sole discretion, to substitute the merchandise for something of comparable value. Fashion Stork does not guarantee the availability of specific items in response to exchange requests.
To request an exchange, fill out this Exchange Form and request a free shipping label via your My Account page or the Contact page. Print the Exchange Form and shipping label. Place the Exchange Form inside of the package. Attach the shipping label on the outside of the package. Be sure to remove any old shipping labels. You can also contact us via telephone at (585) 237-8675 to request an Exchange Form or a shipping label. Fashion Stork does not offer free return shipping that originates from an APO/FPO or international address, in which case, you are solely responsible for return shipping costs
All exchanges must be shipped back to Fashion Stork at 2470 Ash Street, #3, Vista, CA 92081.
For questions regarding Fashion Stork’s 365 Day Exchange Policy, contact us via our Contact page, via telephone (toll free) at (585) 237-8675 (9 AM – 4 PM PT M-F) or by writing to us at Fashion Stork, Inc., 2470 Ash Street, #3, Vista, CA 92081.
10. Refund Policy
All payments made to Fashion Stork are non-refundable, unless otherwise set forth herein, as required by applicable law or at Fashion Stork’s sole and absolute discretion.
You may be eligible for a refund of charges associated with the most recently shipped Box, if:
- You cancel your membership, as set forth at Section 8, above;
- You are eligible for the additional membership subscription automatic-renewal cancellation rights, as set forth at Section 6, above; or
- Fashion Stork no longer offers the membership subscription service.
In order to be eligible for a refund, you must notify Fashion Stork in a reasonably timely manner following your eligibility therefore, return the entire Box and associated merchandise in new/unused condition, and include the original packaging with all tags included. The merchandise must be free of any odors, such as smoke, cologne or deodorant. Items sent back damaged or Boxes with missing items will not be eligible for a refund and returned to the customer (customer will be responsible for a return shipping cost of $8.00, billed to the payment method on file).
Fashion Stork reserves the right, in its sole discretion, to refuse to provide the Services to anyone, including limited inventory and sizing. In the event that Fashion Stork decides to cancel your membership subscription, you will be notified by electronic mail and via telephone. You shall have 30 days from the date that Fashion Stork provides you with such notice to return ANY full Boxes that you may have, with all original merchandise in new/unused condition included, in the original packaging with all tags. The merchandise must be free of any odors, such as smoke, cologne or deodorant.
Once your return is received and inspected by Fashion Stork (usually within 24 hours of receipt), your refund will be processed and a credit will be applied to your payment method. Please note that depending on your credit card company, it may take an additional 5 -7 business days after your credit is applied for it to be posted to your account. In some instances, Fashion Stork may require you to re-submit your billing information in order to process a credit.
To request a free shipping label for returns, contact us via your My Account page or the Contact page.
Print the shipping label. Attach the shipping label on the outside of the package. Be sure to remove any old shipping labels. You can also contact us via telephone at (585) 237-8675 to request a shipping label. Fashion Stork does not offer free return shipping that originates from an APO/FPO or international address, in which case, you are solely responsible for return shipping costs
All returns must be shipped back to Fashion Stork at 2470 Ash Street, #3, Vista, CA 92081.
For questions regarding Fashion Stork’s Return Policy, contact us via our Contact page, via telephone (toll free) at (585) 237-8675 (9 AM – 4 PM PT M-F) or by writing to us at Fashion Stork, Inc., 2470 Ash Street, #3, Vista, CA 92081.
11. Your Account
You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to Fashion Stork via the Website and Services. You understand and agree that you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your password, including purchases. You expressly agree to notify Fashion Stork immediately in the event that you suspect any unauthorized use of your account password or any other breach of security. Always be certain to exercise caution when accessing your account from a public or shared computer. Under no circumstances shall Fashion Stork be responsible for any loss or damage arising from the misuse of misappropriation of your password.
Unless otherwise provided, this Agreement is effective upon your first use of the Website and/or Services, as applicable, and shall remain in effect until it is terminated in accordance with the terms of this Agreement. Notwithstanding anything to the contrary in this Agreement, Fashion Stork may suspend, deactivate or terminate your account and your right to use the Website and/or Services at any time, without notice. In the event that Fashion Stork does so, you agree that all membership subscription fees will be nonrefundable, except as otherwise provided by law or set forth herein. Except as otherwise provided by law or under this Agreement, you will not be entitled to any refund of the membership subscription fees that you have paid to Fashion Stork.
Following cancellation or termination, all terms that by their nature are reasonably intended to survive cancellation or termination of this Agreement shall be deemed to survive such termination.
13. Use of Website and Services
YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND SERVICES, AND USE THEM AT YOUR OWN RISK.
You expressly agree that you will only use the Services and the Website in a manner reasonably contemplated by Fashion Stork and consistent with applicable laws, rules and regulations, including, but not limited to, United States export control laws. Use of the Services is void where prohibited. You expressly agree to only use the Website and Services for your personal, non-commercial use.
Fashion Stork is not responsible or liable in any manner for the conduct of its visitors to or users of the Website and Services, whether Subscribed Members, or not.
You agree not to do any of the following in connection with the Website or Services:
i. Use any automated methods or processes to create user accounts or access the Website or Services other than for their intended purpose;
ii. Use the Website or Services in any unlawful manner or in a manner that is harmful to or violates the rights of others;
iii. Engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;
iv. Use the Website or Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Website or Services, or interfere with or attempt to interfere with any other user’s use of the Website or Services;
v. Impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
vi. Use the Website or Services for commercial purposes;
vii. Use any scripts, bots or other automated technology to scrape or access the Website or Services;
viii. Copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or Services, or cause others to do so;
ix. “Frame” or “mirror” any part of the Website or Services, without our prior written authorization;
x. Use meta tags or code or other devices containing any reference to Fashion Stork or the Website or Services in order to direct any person to any other website for any purpose;
xi. Attempt to access any Services or area of the Website that you are not authorized to access; or
xii. Permit or allow other people or third-parties to access and use the Website or Services via your account password.
You may submit questions, comments, feedback and suggestions relating to the Website or Services. All such submissions, however, regardless of how provided, shall be considered the sole property of Fashion Stork and we shall exclusively own all right, title and interest, including without limitation all intellectual property rights, in and to any and all such submissions, commercial or otherwise, without acknowledgment or compensation to you.
You understand and agree that if Fashion Stork believes in its sole discretion that you have violated the terms of this Agreement, misused the Website or Services, or behaved in a way that could be regarded as inappropriate or unlawful, we may, without limitation, investigate, take legal action against you and/or terminate your account and cancel your membership subscription.
14. Intellectual Property Rights and Limited License
You are granted a limited, non-sublicensable and revocable license to access and use the Website and Services, subject to the terms and conditions of this Agreement. The Website and Services, and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, Fashion Stork logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, information, data, other files and the arrangement thereof, and all intellectual property rights related thereto, are the exclusive property of Fashion Stork and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of Fashion Stork.
Any use of the Website or Services other than as expressly authorized herein, without the prior written consent of Fashion Stork, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Fashion Stork reserves all rights not expressly granted herein in the Website and Services.
15. Copyright Policy
If you are a copyright owner or an agent thereof and believe that anything on the sites infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information:
i. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (
ii. A description of the copyrighted work that you claim has been infringed;
iii. A description of where the material that you claim is infringing is located on the Website (include URLs to help Fashion Stork identify the material);
iv. Your address, telephone number, and email address;
v. A written 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; and
vi. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Fashion Stork’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent, FashionStork.com Legal Department, 2470 Ash Street, #3, Vista, CA 92081. Email: email@example.com (only DMCA notices will be accepted at this email address; all other inquiries or requests will be discarded).
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Fashion Stork and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Fashion Stork’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Fashion Stork’s logos and any other trade name or slogan contained and/or used within the Website and/or Services are trademarks or service marks of Fashion Stork, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fashion Stork or the applicable trademark holder. In addition, the look and feel of the Website and Services is the service mark, trademark and/or trade dress of Fashion Stork and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned within the Website and/or Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Fashion Stork.
FASHION STORK PROVIDES THE WEBSITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FASHION STORK EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE AMOUNT OR ACTUAL RETAIL VALUE OF ITEMS PROVIDED, WEBSITE AND SERVICES (INCLUDING ALL INFORMATION AND CONTENT RELATED THERETO AND CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FASHION STORK DOES NOT REPRESENT AND WARRANT THAT (I) YOUR USE OF THE WEBSITE OR SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS; (II) ANY DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED; (III) THE WEBSITE OR SERVICES ARE APPROPRIATE FOR USE OUTSIDE OF THE UNITED STATES; (IV) THE WEBSITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THE ITEMS PROVIDED POSSESS ANY PARTICULAR RETAIL VALUE. FASHION STORK DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO THE AMOUNT OF ITEMS PROVIDED, THE ACTUAL RETAIL VALUE, OR THE CONNECTIVITY AND AVAILABILITY OF THE WEBSITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL FASHION STORK BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM USE OF THE WEBSITE OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FASHION STORK, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FASHION STORK’S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL FASHION STORK’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITE OR SERVICES, EXCEED THE GREATER OF (I) THE AGGREGATE AMOUNT OF FEES FOR SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (II) $100.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Fashion Stork, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorneys’ fees, due to or arising from (i) your use of or access to the Website or Services; (ii) any claim or damages that arise as a result of a breach of this Agreement or your conduct in connection with the Services; (iii) your violation of any rights of a third-party, including without limitation, any right of privacy or intellectual property rights; (iv) any other party’s access and use of the Website or Services with your account password, or other applicable security code; or (v) your violation of any applicable laws, rules or regulations.
20. Your Privacy Rights
21. Links to Third-Party Websites
The Website and Services may contain links to various third-party websites. Your use of all such links to third-party owned and controlled websites is at your own risk. Fashion Stork does not review, monitor or have control over third-party websites. Fashion Stork makes no claim or representation regarding third-party websites. Links to third- party websites should not be construed as an endorsement of, or sponsorship or affiliation with, any third-party product or service. When you leave the Website, you will no longer be governed by our terms and policy practices. Please be sure that you review the terms and privacy practices of third-parties prior to using a third-party website. You understand and agree that you access any such third-party websites and services at your own risk.
22. Third-Party Advertisements and Promotions
The Website may contain advertisements and promotions from third-parties or may otherwise provide information about or links to third-party products or services. Your dealings or correspondence with, or participation in promotions of, such third-parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party. Fashion Stork is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third-party sites. You agree that Fashion Stork shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third-party advertisers or third-party information on Website. You understand and agree that you access any such third-party advertisements and promotions at your own risk.
23. Dispute Resolution, Mandatory Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU MAY HAVE AGAINST FASHION STORK ARE RESOLVED.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), except as modified herein. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Fashion Stork must abide by the following rules: (i) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and any hearing must take place in San Diego County, California. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the claims or disputes that would otherwise have been arbitrated shall be exclusively brought in the state courts located in San Diego County, California or federal courts located in the Southern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
25. Consent to Electronic Records
The Services are provided electronically. Therefore, you must consent to Fashion Stork’s providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form. Your consent to receive such electronic records applies to all notices, disclosures, documents, records or other materials of any kind that Fashion Stork may be required to provide to you.
Fashion Stork may provide electronic records to you via our Website or Services, or sent such records to you via the email address associated with your account. PLEASE PRINT AND RETAIN A COPY OF ALL ELECTRONIC RECORDS FOR YOUR RECORDS. You may contact Fashion Stork via email at firstname.lastname@example.org if you encounter any difficulties accessing or printing electronic records. In order for you to access and retain electronic records sent by Fashion Stork, you must possess a computer or other access device capable of reading html and text files, a modem or other means of accessing the Internet, a browser capable of accessing and displaying the Website and the ability to receive and read emails. To print electronic records, you shall also require a printer.
You may withdraw your consent to receive electronic records by contacting us via email at email@example.com. However, the Services provided by Fashion Stork are only available if you agree to receive electronic records, and you understand that withdrawing such consent will result in your account being deactivated. Paper copies of electronic records are available by contacting Fashion Stork at the email address provided above. Fashion Stork reserves the right to charge you a reasonable fee to cover the costs associated with printing and sending the requested electronic records.
26. Customer Support
We welcome all support inquiries. If you have any questions or believe that you have been erroneously billed, please notify us via email at firstname.lastname@example.org, via telephone (toll free) at (585) 237-8675 (9 AM – 4 PM PT M-F) or by writing to us at Fashion Stork, Inc., 2470 Ash Street, #3, Vista, CA 92081.
If you have a complaint with the Services provided via the Website, or wish to request further information, please contact us, as set forth herein above. If the issue is not resolved to your satisfaction, you may contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.