PLEASE READ CAREFULLY.
These terms of use represent the agreement ("Agreement") between you ("User") and FASHIONING-CHANGE governing use of Fashioning-Change's website and App ("Website" or "Site"). FASHIONING-CHANGE reserves the right to change the terms of use at any time, with or without advance notice.
1. Permitted Use. You may use the Website only for the purposes expressly set forth on the Site and in this Agreement. Any other use of the Site is prohibited. You must not access or use the Site (i) for any purpose that is unlawful; (ii) in any manner that interferes with any other user's use of the site; (iii) in any manner that could impair, damage, or disable the Site or any computer, server, or network that is used with the Site; (iv) using a user ID, password or other credentials for which you are not authorized. FASHIONING-CHANGE may at its sole discretion prohibit access or use of the Site by any User that is in violation of this Agreement, or is interfering with the proper operation and enjoyment of the site by others.
2. Copyright and Trademark. Unless otherwise indicated, as between User and FASHIONING-CHANGE, all information contained on or in the Website, such as text, graphics, logos, images, audio and video clips, tests, and all other content is proprietary to FASHIONING-CHANGE and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner unless advance permission is granted by FASHIONING-CHANGE in writing. If User is granted advance written permission from FASHIONING-CHANGE to use any of the content of the Website, User shall clearly attribute the creation and ownership to FASHIONING-CHANGE. Specifically, User shall at least provide one conspicuous notice of FASHIONING-CHANGE copyright ownership. The marks FASHIONING-CHANGE and THE FASHIONING-CHANGE EXPERT GUIDEand any FASHIONING-CHANGE logos, domain names and taglines, are trademarks of FASHIONING-CHANGE and may not be used or reproduced without the express written consent of FASHIONING-CHANGE.
3. User Submitted Materials. Any materials submitted by User, including (without limitation) photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:
a. As between User and FASHIONING-CHANGE, User will retain ownership of such User Submitted Materials, and you grant FASHIONING-CHANGE and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with FASHIONING-CHANGE.
b. User represents and warrants that User owns or otherwise possesses all necessary rights, permissions, and license with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
4. No Healthcare Information. The Personality test, and other tests, personality type information and content (for example: Dashboard, Quickview, Personal Mirror, Expertview, Premiumview et cetera) that are available on the Website, are provided AS-IS and are subject to the disclaimers and other terms set forth herein. Tests, test results, personality type information and other content (for example: Dashboard, Quickview , Personal Mirror, Expertview , Premiumview et cetera) on the Website are provided for informational purposes only and are not intended to be used for as the basis for any healthcare diagnosis or as asubstitute for obtaining medical advice and treatment from a competent physician, mental health professional, or other health care practitioner. You should not take any health care action based upon test results or other content (for example: Dashboard, Quickview, Personal Mirror, Expertview, Premiumview et cetera) of this Website without first obtaining appropriate and independent guidance from a physician or other health care practitioner. Giving, receiving, or using the content (for example: Dashboard, Quickview, Personal Mirror, Expertview, Premiumview et cetera) on this Website does not constitute or create a caregiver-patient relationship.
5. Privacy Policy. The Privacy Policy of FASHIONING-CHANGE is incorporated by reference and made an express part of these Terms of Use as if fully set forth herein.
6. Linking and Framing. FASHIONING-CHANGE makes no representation, warranty or endorsement, express or implied, as to any of the information, tests, services, products or messages on any other applications which may be accessed through links and frames in the Website. Links and frames are provided for convenience only and are not intended as an endorsement by FASHIONING-CHANGE of the organization or individual operating the linked/framed websites and/or applications or a warranty or endorsement of any type regarding the Website or the information, services, products or messages posted on or available from such Website.
7. Disclaimers of Warranties and Limitation of Liability. When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of FASHIONING-CHANGE and its agents, vendors, and suppliers. Accordingly, FASHIONING-CHANGE assumes no liability for or relating to the delay, failure, interruption, unavailability, or corruption of any data or other information transmitted in connection with use of the Website. The Website and its content (for example: Homepage, Expert Guide, Dashboard, Quick View , Personal Mirror, Expert View , Premium View et cetera) is provided on an "as is" basis. FASHIONING-CHANGE AND ITS officers, directors, agents, employees, CONTRACTORS, volunteers, LICENSORS, LICENSEES AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE. Without limiting the foregoing, FASHIONING-CHANGE, its officers, directors, agents, employees, volunteers, licensees, licensors, and suppliers make no representations or warranties about the accuracy, reliability, availability, completeness, or timeliness of the content, and where applicable, tests, test results, software, text, graphics, links, or communications provided on or through the Website. In no event shall FASHIONING-CHANGE, its officers, directors, agents, employees, contractors, volunteers, licensees, licensors, and suppliers, or any third parties mentioned in the Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of, or inability to use, the Website or its content, whether based on warranty, contract, tort, or any other legal theory, and whether or not FASHIONING-CHANGE, its officers, directors, agents, employees, volunteers, contractors, licensees licensors, and suppliers, or any third parties mentioned in the Website are advised of the possibility of such damages. User agrees to hold harmless FASHIONING-CHANGE and its officers, directors, agents, employees, contractors, licensees, and volunteers from all claims arising out of or related to your use, or your inability to use, the Website or the information, tests, services, products or messages contained in the Website or other applications and/or websites to which the Website is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from the Website or another website or application to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will FASHIONING-CHANGE or the contributors of information to the Website be liable to User or anyone else for any decision made or action taken by User in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST FASHIONING-CHANGE, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND VOLUNTEERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE. User agrees to hold harmless FASHIONING-CHANGE and its officers, directors, agents, employees, licensees, and volunteers from all claims, liabilities, causes of action, damages, losses and expenses (including, without limitation, attorneys' fees) arising directly or indirectly out of or from the User Submitted Materials.
8. Survival. In the event any provision hereunder is held to be invalid or unenforceable, all remaining terms under the Terms of Use shall remain in full force and effect as if such invalid or unenforceable term had never been included.
9. Equitable Relief. User agrees that any material breach of these Terms of Use will result in irreparable harm to FASHIONING-CHANGE for which damages alone would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, FASHIONING-CHANGE shall be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.
10.Non-Waiver. Any failure to exercise promptly any right under the Terms of Use shall not create a waiver or any expectation of non-enforcement.
11.Governing Law. User and FASHIONING-CHANGE agree that the statutes and laws of The Netherlands (Europe), without regard to conflicts of laws principles thereof, shall apply to all matters arising from or relating to use of the Website. User and FASHIONING-CHANGE also agree and hereby submit to the exclusive personal jurisdiction and venue of Maastricht (The Netherlands). FASHIONING-CHANGE is a trademark of CR-Vision: KvK-nr.585 28 024, VAT- nr. NL1590 3992 7B01.
12.Entire Terms of Use. This Agreement constitutes the entire agreement between User and FASHIONING-CHANGE relating to the Website, and cancels and supersedes any prior versions of the Terms of Use.
Effective Date: February 05, 2018