Terms of Use.

Last updated: March 13, 2018

These Terms of Use (“Terms”, “Terms of Use”) govern your relationship with www.fashiontalents.com website (the “Service”) operated by Fashion Talents Marketplace Company SL (“us”, “we”, or “our”).

Please read these Terms of Use carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others (all the “Users”) who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Our Terms of Use comply with the European Union’s General Data Protection Regulation (GDPR).

Service

We act as a venue and a medium through which you are allowed to sell and/or buy fashion products. Our sole role in this process is as a platform and editor of the Service. We are not directly involved in the transactions between users. As a result, we have no control over the quality, safety, morality or legality of any aspect of the products listed, the truth or accuracy of the listings, the ability of any user of the Service to sell or pay for the products listed. As the Service is open and not subject to prior curation process or application’s acceptance of users, it does not pre-screen content or information provided by users. We cannot ensure that any user will actually complete a transaction. As a consequence, we cannot and does not transfer legal ownership of products from users to other users. You are solely responsible for interactions with other users through the Service and you should exercise caution and good judgment in all interactions with other users.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

All sales of products are binding. Our Services are accessible to international users, who are all responsible for complying with all laws and regulations applicable to any international sale, purchase or shipment of goods.

It is prohibited to take any actions that create fees avoidance. Users may not alter products’ prices after a sale for the purpose of avoiding the Service’s transaction fees, misrepresent the product’s location, or use another user’s account without permission. Users may not encourage other users to purchase a product listed on the Service outside of the Service, such as directly through PayPal or other third-party providers. This may also constitute fee avoidance.

Availability, Errors, and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right but do not have any obligation, to remove, change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any, and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it), or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We allow you to redistribute, or “share,” certain Content from the Service for personal, non-commercial use, such as through your social network account, blog or email when you think the Content will be of interest to others. However, please note that we may revoke this authorization at any time. Additionally, if you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

The Marketplace considers any unsolicited suggestions, ideas, proposals or other information submitted to it by users via the Service or otherwise (other than the Content and the tangible products sold on the Service by users) to be non-confidential and non-proprietary, and we shall not be liable for the disclosure or use of such information. If, at our request, any user sends information to improve the Service (for example to customer support), we will also consider that information to be non-confidential and non-proprietary and we will not be liable for use or disclosure of the information.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You must only hold and operate one account at any one time. We reserve the right to terminate additional accounts or accounts being operated by a person other than you without prior warning.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Fashion Talents Marketplace Company SL and its licensors. The Service is protected by copyright, trademark, and other laws of both the Spain and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fashion Talents Marketplace Company SL.

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Fashion Talents Marketplace Company SL.

Fashion Talents Marketplace Company SL has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Fashion Talents Marketplace Company SL 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 the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Privacy

We take your privacy seriously. We respect and protect the privacy of all users of our Service. We will not sell or disclose the personal information we have about you (as defined in our Privacy Policy hereby incorporated herein by reference and made part of the Terms of Use) to third parties without your explicit consent and other than declared in the Privacy Policy.

By agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you through the Service in accordance with the terms of the Privacy Policy.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

We reserve the right to modify or terminate the Service for any reason, without notice, at any time. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

Limitation Of Liability

In no event shall Fashion Talents Marketplace Company SL, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. You assume total responsibility and risk for your use of this site and site-related services.

Fashion Talents Marketplace Company SL its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

The intent of our Service is to help fashion designers start and grow their business. As stipulated by law, we cannot and do not make any guarantees about the user’s ability to get results or earn any money with our services, ideas, information, tools or strategies. It takes hard work, adding value and serving others to succeed in any type of business. Results are up to users and the amount of effort and resources that they are willing to put into succeeding. Since these factors differ among each individual, we cannot guaranty any success or income level, nor we are responsible for any of the user’s actions. No Content through our Service is a promise or guarantee of results or future earnings, and we do not offer any legal, tax or financial services.

The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.

Independence

You and the Service are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Disputes

Please read this following clause carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court.

In the event a dispute arises between you and the Service, please contact us with through the email address provided in the Notices of these Terms of Use, and we will work quickly toward a solution.

You further agree that any dispute shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis.

Should you have a dispute with one or more users, or an outside party, you release the Fashion Talents Marketplace Company SL, its subsidiaries, affiliates, and its licensors from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with one or more Members, or a third or outside party. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

We encourage you to contact the user or third or outside party to resolve the dispute amicably. If users are unable to resolve a dispute resulting from a transaction that occurs through the Service, they may choose to ask for our assistance in order to resolve the dispute. We, for the benefit of users, may try to help them resolve disputes, at their request. We do so in our sole discretion and have no obligation to resolve disputes between users or between users and third or outside parties. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on these Terms of Use and our policies and guidelines. We will not make judgments regarding legal issues or claims.

For all transactions completed by PayPal, we will not make judgments regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

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