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Welcome to howdoesitfit.com, where we believe fashion is
for women of all shapes and sizes. Howdoesitfit.com is owned and operated
by a California partnership doing business as How Does It Fit (the "Partnership").
By accessing or using our website (the "Site"), you signify that you have
read, understand and agree to be bound by these Terms of Use, whether
or not you are a registered member of the Site. We reserve the right,
in our sole discretion, to change, modify, add or delete portions of these
Terms of Use at any time without further notice. If we do make revisions,
we will post a new version of the Terms of Use on this page and will indicate
at the bottom of this page the date these terms were last revised. Your
continued use of the Site after any such changes constitutes your acceptance
of the new Terms of Use. If you do not agree to abide by these or any
future Terms of Use, do not use or access (or continue to use or access)
the Site. It is your responsibility to regularly check the Site to determine
if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A DISPUTE RESOLUTION
CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Site is void where prohibited. This Site is intended
solely for users who are thirteen (13) years of age or older. Any registration
by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed
and in violation of these Terms of Use. By using the Site, you represent
and warrant that you are 13 or older and that you agree to and will abide
by all of the terms and conditions of these Terms of Use.
Registration Data; Account Security
In consideration of your use of the Site, you agree to: (1) provide accurate,
current and complete information about you as may be prompted by any registration
forms on the Site ("Registration Data"); (2) maintain the security of
your password and identification; (3) maintain and promptly update the
Registration Data, and any other information you provide to us, to keep
it accurate, current and complete; and (4) be fully responsible for all
use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site, including but not limited to designs, text, graphics,
pictures, information, applications, software and other files, and their
selection and arrangement (the "Site Content"), is the proprietary property
of the Partnership, its users or its licensors with all rights reserved.
No Site Content may be modified, copied, distributed, framed, reproduced,
republished, downloaded, displayed, posted, transmitted or sold in any
form or by any means, in whole or in part, without our prior written permission,
except that the foregoing does not apply to your own User Content (as
defined below) that you legally post on the Site. Provided that you are
eligible for use of the Site, you are granted a limited license to access
and use the Site and the Site Content and to download or print a copy
of any portion of the Site Content to which you have properly gained access
solely for your personal, non-commercial use, provided that you keep all
copyright or other proprietary notices intact. Except for your own User
Content, you may not upload or republish Site Content on any Internet,
Intranet or Extranet site or incorporate the information in any other
database or compilation, and any other use of the Site Content is strictly
prohibited. Such license is subject to these Terms of Use and does not
include use of any data mining, robots or similar data gathering or extraction
methods. Any use of the Site or the Site Content other than as specifically
authorized herein, without the prior written permission of the Partnership,
is strictly prohibited and will 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
these Terms of Use shall be construed as conferring any license to intellectual
property rights, whether by estoppel, implication or otherwise. This license
is revocable at any time without notice and with or without cause.
Trademarks
The term "howdoesitfit" and our Site graphics, logos, designs, page headers,
button icons, scripts and service names are trademarks of the Partnership.
These trademarks may not be used, including as part of trademarks and/or
as part of domain names, in connection with any product or service in
any manner that is likely to cause confusion and may not be copied, imitated
or used, in whole or in part, without the prior written permission of
the Partnership.
User Conduct
You understand that, except for advertising opportunities offered by us
on the Site, the Site is available for your personal, non-commercial use
only. You represent, warrant and agree that no materials of any kind submitted
through your account or otherwise posted, transmitted or shared by you
on or through the Site will violate or infringe upon the rights of any
third party (including copyright, trademark, privacy, publicity or other
personal or proprietary rights) or contain libelous, defamatory or otherwise
unlawful material.
In addition, you agree not to use the Site to:
- act in any unlawful manner or in any other manner that could damage,
disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact
with the Site;
- upload, post, transmit, share, store or otherwise make available any
content that we deem to be harmful, threatening, unlawful, defamatory,
infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent,
invasive of privacy or publicity rights, hateful, or racially, ethnically
or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any
photos other than those of a personal nature that: (i) are of you or
your friends; or (ii) are taken by you or your friends;
- register for more than one user account, register for a user account
on behalf of an individual other than yourself, or register for a user
account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent
yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited
or unauthorized advertising, solicitations, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available
on the Site any private information of any third party, including, without
limitation, addresses, phone numbers, e-mail addresses, Social Security
numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords
or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content
that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create
liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without
authorization from the user or us, or create a false identity on the
Site; or
- upload, post, transmit, share, store or otherwise make available content
that, in our sole judgment, is objectionable or that restricts or inhibits
any other person from using or enjoying the Site, or that may expose
the Partnership or its users to any harm or liability of any type.
User Content Posted on the Site
You are solely responsible for the photos, profiles, text,
information and other content that you upload, publish or display (hereinafter,
"post") on the Site (collectively, the "User Content").
You may not post, transmit or share User Content on the Site that you
did not create or that you do not have permission to post. You understand
and agree that we may, but are not obligated to, review the Site and delete
or remove (without notice) any Site Content or User Content in our sole
discretion, for any reason or no reason, including without limitation
User Content that in our sole judgment violates these Terms of Use, or
that might be offensive or illegal, or that might violate the rights or
threaten the safety of users or others. You are solely responsible at
your sole cost and expense for creating backup copies and replacing any
User Content you post or store on the Site.
When you post User Content to the Site, you authorize and direct us
to make such copies thereof as we deem necessary in order to facilitate
the posting and storage of the User Content on the Site. By posting User
Content to any part of the Site, you automatically grant, and you represent
and warrant that you have the right to grant, to the Partnership an irrevocable,
perpetual, non-exclusive, transferable, fully paid, worldwide license
(with the right to sublicense) to use, copy, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part) and distribute
such User Content for any purpose on or in connection with the Site or
the promotion thereof, to prepare derivative works of, or incorporate
into other works, such User Content, and to grant and authorize sublicenses
of the foregoing. You may remove your User Content from the Site at any
time. If you choose to remove your User Content, the license granted above
will automatically expire; however, you acknowledge that we may retain
archived copies of your User Content.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit
users from uploading, posting or otherwise transmitting on the Site any
materials that violate another party's intellectual property rights. When
we receive notice of alleged copyright infringement, we promptly remove
or disable access to the allegedly infringing material and terminate the
accounts of repeat infringers as described herein. If you believe that
any material on the Site infringes upon any copyright that you own or
control, you may send a written notification of such infringement to info@howdoesitfit.com.
Repeat Infringer Policy
In accordance with applicable law, we have adopted a policy of terminating,
in appropriate circumstances and at our sole discretion, members who are
deemed to be repeat infringers. We may also at our sole discretion limit
access to the Site and/or terminate the memberships of any users who infringe
any intellectual property rights of others, whether or not there is any
repeat infringement.
Third Party Websites and Content
The Site contains links to other websites ("Third Party Sites"),
as well as photographs, text, graphics, pictures, designs, information
and other content or items belonging to or originating from third parties
(the "Third Party Content"). Such Third Party Content is not
investigated, monitored or checked for accuracy, appropriateness or completeness
by us, and we are not responsible for any Third Party Sites accessed through
the Site or any Third Party Content posted on or available through the
Site, including without limitation the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of or contained
in the Third Party Sites or the Third Party Content. Inclusion of, linking
to or promoting the use of any Third Party Site or any Third Party Content
does not imply approval or endorsement thereof by us. If you decide to
leave the Site and access a Third Party Site or to use any Third Party
Content, you do so at your own risk and you should be aware that our terms
and policies no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any site
to which you navigate from the Site or relating to any content you use
from such site.
User Disputes
You are solely responsible for your interactions with other Site users.
We reserve the right, but have no obligation, to monitor disputes between
you and other users.
Privacy
We care about the privacy of our users. Click
here to view our Privacy Policy.
Disclaimers
We are not responsible or liable in any manner for any User Content
or Third Party Content posted on the Site, whether posted or caused by
users of the Site, by us, by third parties or by any of the equipment
or programming associated with or utilized in the Site. Although we provide
rules for user conduct and postings, we do not control and are not responsible
for what users post, transmit or share on the Site and are not responsible
for any offensive, inappropriate, obscene, unlawful or otherwise objectionable
content you may encounter on the Site or in connection with any User Content
or Third Party Content. We are not responsible for the conduct, whether
online or offline, of any user of the Site.
The Site may be temporarily unavailable from time to time for maintenance
or other reasons. We assume no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or alteration
of, user communications. We are not responsible for any technical malfunction
or other problems of any telephone network or service, computer systems,
servers or providers, computer or mobile phone equipment, software, failure
of e-mail or players on account of technical problems or traffic congestion
on the Internet or at any site or combination thereof, including injury
or damage to a user's or any other person's computer, mobile phone, or
other hardware or software, related to or resulting from using or downloading
materials in connection with the Site. Under no circumstances will we
be responsible for any loss or damage, including any loss or damage to
any User Content or personal injury or death, resulting from anyone's
use of the Site, any User Content or Third Party Content posted on or
through the Site or transmitted to Users, or any interactions between
users of the Site, whether online or offline.
THE SITE AND THE SITE CONTENT ARE PROVIDED "AS IS" AND WE DISCLAIM
ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE
AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE
SITE CONTENT. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR
MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE
OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE OF ANY SUCH SOFTWARE,
CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND
DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND
AGREE THAT YOU OBTAIN CONTENT, MATERIAL OR DATA FROM OR THROUGH THE SITE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER
SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
We reserve the right to change any and all content, software and other
items used or contained in the Site at any time without notice. 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, or any affiliation
therewith, by us.
Limitation on Liability
IN NO EVENT WILL THE PARTNERSHIP OR ITS PARTNERS, EMPLOYEES OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY
LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR FROM ANY
OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED
FROM THE SITE, EVEN IF THE PARTNERSHIP IS AWARE OR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, THE PARTNERSHIP'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID, IF ANY, BY YOU TO THE PARTNERSHIP FOR USE OF THE SITE
DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID
FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS
OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY
KIND FROM THE PARTNERSHIP, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Termination
We may terminate your membership, delete your profile and any content
or information that you have posted on the Site and/or prohibit you from
using or accessing the Site (or any portion, aspect or feature of the
Site) for any reason, or no reason, at any time in our sole discretion,
with or without notice, including without limitation if we believe that
you are under 13.
Governing Law; Venue and Jurisdiction
By visiting or using the Site, you agree that the laws of the State
of California, without regard to principles of conflict of laws, will
govern these Terms of Use and any dispute of any sort that might arise
between you and the Partnership or any of our affiliates. With respect
to any disputes or claims not subject to arbitration (as set forth below),
you agree not to commence or prosecute any action in connection therewith
other than in the state and federal courts of California, and you hereby
consent to, and waive all defenses of lack of personal jurisdiction and
forum non conveniens with respect to, venue and jurisdiction in the state
and federal courts of California.
Arbitration
YOU AND THE PARTNERSHIP AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED
IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE
TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND
ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE
TERMS OF USE, THE SITE AND/OR THE SITE CONTENT (INCLUDING YOUR VISIT TO
OR USE OF THE SITE) SHALL BE FINAL AND BINDING ARBITRATION, except that:
(1) to the extent that either of us has in any manner infringed upon or
violated or threatened to infringe upon or violate the other party's patent,
copyright, trademark or trade secret rights, or you have otherwise violated
any of the user conduct rules set forth above, then the parties acknowledge
that arbitration is not an adequate remedy at law and that injunctive
or other appropriate relief may be sought; and (2) disputes or claims
relating to any transactions you may enter into with third parties through
the Site will be governed by the terms of those third parties' sites.
Arbitration under these Terms of Use shall be conducted by the American
Arbitration Association (the "AAA"). The location of the arbitration
and the allocation of costs and fees for such arbitration shall be determined
in accordance with the AAA's rules and shall be subject to the limitations
provided for therein. The arbitrator's award shall be binding and may
be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR
CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION
OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT
OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL
BE PERMITTED. In no event shall any claim, action or proceeding by you
related in any way to the Site (including your visit to or use of the
Site) be instituted more than three (3) years after the cause of action
arose.
Indemnity
You agree to indemnify and hold the Partnership, its subsidiaries and
affiliates, and each of their partners, members, officers, agents, contractors,
directors and employees, harmless from and against any loss, liability,
claim, demand, damages, costs and expenses, including reasonable attorneys'
fees, arising out of or in connection with any User Content, any Third
Party Content you post or share on or through the Site, your use of the
Site, your conduct in connection with the Site or with other users of
the Site, or any violation of these Terms of Use or of any law or the
rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback or other information about the Site ("Submissions"),
provided by you to use are non-confidential and shall become the sole
property of the Partnership. We shall own exclusive rights, including
all intellectual property rights, and shall be entitled to the unrestricted
use and dissemination of these Submissions for any purpose, commercial
or otherwise, without acknowledgment or compensation to you.
Other
These Terms of Use constitute the entire agreement between you and the
Partnership regarding the use of the Site, superseding any prior agreements
between you and the Partnership relating to your use of the Site. The
failure of the Partnership to exercise or enforce any right or provision
of these Terms of Use shall not constitute a waiver of such right or provision
in that or any other instance. If any provision of these Terms of Use
is held invalid, the remainder of these Terms of Use shall continue in
full force and effect. If any provision of these Terms of Use shall be
deemed unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from these Terms of Use and shall not affect
the validity and enforceability of any remaining provisions.
Questions
Please e-mail us at info@howdoesitfit.com
for more information.
Date of Last Revision: November 19, 2007
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