Terms and Conditions
YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENTS ARE SUBJECT TO ALL TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the Site after that date. Each time you access, use or browse the Site after such posting, you signify your acceptance of the then-current Terms.
Special terms may apply to some products or services offered on the Site, or to any sweepstakes, contests or promotions that may be offered on the Site. Such special terms (which may include official rules) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature or activity. Any such special terms are in addition to these Terms and, in the event of a conflict, any such terms shall prevail over these Terms.
2) Permitted Users of Site This Site is primarily directed to persons 18 years of age or older. We do not knowingly collect information from persons under age 18 or children under age 13. If you are under 18 years of age, you may visit, browse and use the information on the Site, but you may not submit any personal information to the Site. If you are under age 13, you are not permitted to use this Site or to submit any personally identifiable information to the Site.
3) Permitted Use of Site The content available through the Site, such as articles, photographs, video, text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials (the “Content”), is the sole and exclusive property of Formation Brands and/or its licensors.
UNLESS OTHERWISE NOTED BY CREATIVE COMMONS LICENSES. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site or the Content other than as expressly authorized by Formation Brands in writing. You do not acquire ownership rights to any content, document or other materials viewed on or generated by the use of the Site. Use of the Site or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Site by any means other than through a standard web browser.
So long as you agree and comply with these Terms, and unless these Terms are otherwise terminated or modified by Formation Brands, you are permitted to view and use the Site and the Content solely for your own personal information. You may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Site or the Content unless expressly authorized by Formation Brands. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Site or in the Content.
5) Proprietary Rights You acknowledge and agree that, as between Formation Brands and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, works of authorship and all other intellectual property rights are owned exclusively by Formation Brands or its licensors and are protected by United States intellectual property laws and other applicable laws.
“Formation Brands”, “Slant Collections”, “Fashionably Fun”, the Formation Brands logo, the Slant Collections logo and other trademarks appearing on this Site or in any Content are our common law and registered service marks and trademarks. Formation Brands owns these marks and any other trademarks, service marks, slogans and logos used and displayed on the Site, unless otherwise noted. Any use thereof is expressly reserved by us. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of Formation Brands or any third party.
7) User Generated Content Communications Services: The Site may contain features for blogs, chat areas, forums, comments and rankings, contests, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with Formation Brands, the Site and other users of the Site (collectively, “Communication Services”). Where the Site seeks your submissions, you acknowledge that your submissions may be or become available to others. You agree to use the Communication Services only for your personal use in connection with your personal information and enjoyment of the Site. You agree only to post, send and receive messages and materials that are proper and related to the particular Communication Service. You acknowledge that your participation in any Communication Services is voluntary; however by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any information or content provided by you may be viewed by the general public and will not be treated as private or confidential. You further agree that Formation Brands may use the posted content in any manner that it deems necessary or appropriate. Formation Brands reserves the right to edit or abridge content for any reason and to edit, refuse to post or remove any content submitted by you or others. Formation Brands cannot and does not guarantee that it will post content submitted or that such content will not be offensive, defamatory, or objectionable. Although Formation Brands reserves the right to remove without notice any posting for any reason, Formation Brands has no obligation to delete content that you personally may find objectionable or offensive. Formation Brands does not control in real time the information posted via the Communication Services and as such does not guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in this Agreement, Formation Brands does not endorse or make any warranties or representations with regard to the accuracy, completeness or timeliness or any content posted on any Site public forum. Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Formation Brands reserves the right to determine what types of conduct that it considers to be inappropriate use of the Site. In the case of inappropriate use, the Site moderator may take such measures as it determines in its sole discretion. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
1. Use the Site or the Content for any purpose or make any other actions in violation of local, state, national, or international laws or regulations. 2. Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service. 3. Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or otherwise in a manner that may adversely affect performance of the Site or restrict or inhibit any other user from using and enjoying the Communication Services or the Site. 4. Use the Site for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or any other materials or information available from the Site. 5. Aggregate, copy, duplicate, publish, or make available to third parties outside the Site in any manner any of the Content or any other materials or information available from the Site. 6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. 7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. 8. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents. 9. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. 10. Use the Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation. 11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. 12. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. 13. Engage in any other action that, in the judgment of Formation Brands, exposes it or any third party to potential liability or detriment of any type. 14. Use the Site or any Content obtained from the Site to develop, of as a component or, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism. 15. Impersonate any editor, contributor, officer or other agent of Formation Brands, or otherwise represent to others that you are affiliated or associated or sponsored by Formation Brands. 16. Take any actions contrary to Formation Brands’ public image, goodwill, reputation or mission or otherwise not in furtherance of the intended uses of the Site specified by us.
IMPROPER USE OF THE SITE WILL RESULT IN LOSS OF YOUR ACCESS TO THE SITE AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES. Formation Brands reserves the right to investigate complaints or reported violations of these Terms and to take any action that we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
User Materials: Any content or views posted, shared, transmitted or otherwise made available by users through the Site (“User Materials”) are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk. Formation Brands does not endorse any User Materials nor vouch for their reliability. Under no circumstances will Formation Brands be liable in any way for any User Materials.
You acknowledge that Formation Brands may or may not pre-screen User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete and/or move any User Materials that are available via the Site. Without limiting the foregoing, Formation Brands and its designees have the right to remove any User Materials that violate these Terms or are otherwise objectionable in Formation Brands’ sole discretion. Formation Brands shall have no liability for such removal.
You understand that by using the Site, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content available on or through the Site.
Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via the Site (“Submission”). All Submissions are subject to these Terms. Formation Brands is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.
By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning Formation Brands’ or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.
In addition, you grant to Formation Brands and its affiliates and licensees, without compensation or accounting to you or others, the non-exclusive, transferrable, irrevocable, perpetual, worldwide right to copy, reproduce, incorporate, distribute, publicly display, publicly perform, synchronize with other works, modify, create derivative works of, or otherwise use all User Materials and/or Submissions for any purpose throughout the world in any format or media (whether now know or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any User Materials and/or Submissions posted by you. By posting such User Materials and/or Submissions on the Site, you represent to Formation Brands that you own or have the right to use and permit Formation Brands to use such content in the manner stated above. You agree not to post any photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize Formation Brands and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses for any purpose throughout the world, and any such permission cannot be revoked for any reason.
8) Links Links to Advertisements, Other Websites and Search Results: The Site may contain links to websites operated by other parties via advertisements or other postings on this Site. The Site provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Formation Brands and Formation Brands is not responsible for the content available on these third party sites. Such links do not imply endorsement of information or material on any other site and Formation Brands disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that Formation Brands shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, your purchase of goods or services from, access to, use of or reliance on any content available on or through any other site or resource and you will seek to make any claims or recover any damages that you may incur solely from the operators of the websites to which the link is directed.
Links to the Site: You may link another website to the Site subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Formation Brands or the Site; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, affiliated with, or associated with Formation Brands or the Site; (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking website; and (iv) Formation Brands reserves the right to revoke its consent to the link at any time and in its sole discretion.
9) Modifications to Site Formation Brands reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that Formation Brands shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
10) Suspension and Termination Rights Formation Brands reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Site for any reason, including without limitation any breach by you of these Terms. You agree that Formation Brands shall not be liable to you or any third party for any such suspension or termination.
11) Disclaimer THE SITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES CONTAINED IN OR ADVERTISED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Formation Brands AND ITS SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Site is free of viruses or other harmful code.
13) Governing Law and Disputes These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles, and all laws, regulations, ordinances and treaties of the United States of America, regarding intellectual property. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in or for San Mateo County, in the State of California, U.S.A., to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms. Any cause of action or claim you may have with respect to these Terms, Formation Brands, the Site or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You agree that, if the terms of this Agreement are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies.
The Site is hosted on servers, and controlled, within the United States of America. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Formation Brands does not represent that the Site or Content are appropriate outside the United States of America. Formation Brands MAKES NO REPRESENTATION THAT THE SITE, SERVICES OR INFORMATION FOUND THROUGH THE SITE OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITE FROM TERRITORIES WHERE THE CONTENT OF THE SITE IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITE AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
14) Force Majeure Formation Brands shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any part or portion thereof. Nothing in this Agreement shall be construed to obligate Formation Brands to maintain and support the Site, or any part or portion thereof, during the term of this Agreement.
15) Notice of Claims of Copyright Violations The content of the Site may include pictures, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. Formation Brands does not permit the use of content on the Site that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in this Agreement. If you believe that any of the content on the Site infringes your copyright or trademark rights or your rights of publicity, please provide Formation Brands’ copyright agent (whose contact information provided below) with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 2. Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Site, a representative list of such works, marks or publicity rights. 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Formation Brands to locate the material. 4. Information reasonably sufficient to permit Formation Brands to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law. 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Formation Brands’ agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its copyright agent, who can be reached, as follows:
By email: firstname.lastname@example.org
By mail: 389 Oyster Point Blvd Suite #6, South San Francisco, CA 94080 Attention: Formation Brands Copyright Agent
Please provide all of the information requested above. No specific form is required to provide Formation Brands with notifications of possible infringement. However, it will take Formation Brands longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice. Also please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of possible infringement submitted electronically with an attachment will not be received or processed.
16) Miscellaneous These Terms set forth the entire understanding and agreement between you and Formation Brands with respect to the subject matter hereof. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Formation Brands’ failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Formation Brands, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms.
Posted January 1, 2013