2.1 Account: the account to be created by the User via the Website in order to gain access to and to use the Platform.
2.2 Agreement: the agreement between FashionUnited and the User with regard to the use of the Platform.
2.3 Intellectual Property Rights: patent rights, trademark rights, copyrights, (registered and unregistered) design rights, databank rights and/or other (intellectual property) rights, database rights, or other products, as well as know-how, methods and concepts as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, related to and arising out of the Platform, the Website and the FashionUnited Content, excluding the User Content.
4. FashionUnited Content: all content that is offered via the Website and/or the Platform directly by FashionUnited or under license of a third party.
5. FashionUnited: FashionUnited B.V. (Chamber of Commerce number 67673058), with its registered office at Hoogoorddreef 56 S, Amsterdam (the Netherlands), also trading under the name FashionUnited.
6. Platform: the separated part of the Website, where only Users can provide themselves access via their Account.
9. User Content: all content a User submits, posts, displays, uploads or otherwise makes available on the Website or Platform.
10. Website: the website of FashionUnited that is accessible via the URL www.fashionunited.com, www.fashionunited.nl and/or other URLs.
3.2 The applicability of other terms and conditions of the User is explicitly rejected and do not apply to the legal relationship between the User and FashionUnited.
3.4 An Agreement is concluded after the User activated its Account via the Website.
3.5 FashionUnited may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Website and/or Platform after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you agree that you shall stop using the Website and/or the Platform.
3.6 If third-party services are offered via the Website and/or Platform, those services are governed by the general conditions, privacy policies and cookie policies of the third parties in question. FashionUnited cannot be held liable for the services of third parties and the general conditions, privacy policies and cookie policies by which they are governed. If you decide to use third-party apps or services, that is entirely for your own account and risk.
4. Using the Platform
4.1 What is the Platform?
The Platform is intended to connect you to the worldwide network of fashion professionals of FashionUnited via the Website, without providing a physical data carrier to you. You can create your own profile, show what you have to offer, but also find other professionals you are looking for. Via the Platform you can also invite other fashion professionals to your business address book which ensures you always have each other’s up-to-date information.
FashionUnited role is limited to facilitating the Platform to enable to have fashion professionals to enter into contact with each other. FashionUnited has no responsibility and/or control over /w ith regard to User Content on the Website and Platform. FashionUnited will never become a party to an agreement between fashion professionals that is concluded with the help of our Platform, unless explicitly agreed otherwise by FashionUnited in writing.
4.2 Who can use the Platform?
5. Your Account & access to your Account
5.1 In order to be able to use the Platform, you must create an Account. Creating an account
is free of charge. To create an Account, you need to provide to us the following details:
* company name and job title (if applicable)
* first name and surname
* e-mail address
* country of residence
optional you may provide to us:
* date of birth
* phone number
* internet site
* offered and wanted
5.2. An Account is strictly personal, is non-transferrable and is linked to you, being the person that created and activated the Account. You are not allowed to create an Account on (behalf of) another person’s or entities name.
5.3 You will choose a password, the password provided by you is stored by us with applying hashing technology which means, FashionUnited will not be able to see your password. The username is equal to your e-mail address. The username and password - in combination with the e-mail address given - is needed to log into the Account.
5.4 You represent and warrant that the details you provide to FashionUnited for your Account are correct, complete and up-to-date. If your details change, you shall immediately change your Account accordingly. You can change the account details online.
5.5 You shall treat your Account as confidential and with care. You will take reasonable measures so as to prevent unauthorized persons from taking cognizance and using your Account. You are personally responsible for keeping your password and username confidential and you will not provide third parties access to the Platform via your Account.
5.6 You must immediately notify FashionUnited in writing of the loss or theft of your username and/or password or (the suspected) abuse or improper use of the Account by a third party. Upon receipt of this notification, you are liable for all damage or losses arising out of the unauthorized use of the Account.
5.7 To use the Platform, you must yourself arrange at your own expense for the device, software and internet connection required for that purpose.
5.9. If FashionUnited reasonably suspects that unauthorized persons use or may use your Account, it is entitled to block your Account with immediate effect and to recover any damages or losses suffered by FashionUnited as a result thereof. FashionUnited is never liable for damage or losses suffered by you as a result of unauthorized use of your Account by third parties.
5.10 You have the right to terminate your Account at any time in line with the procedure as indicated on the Website and/or the Platform. After closing your Account, you will not have access to your Content and other information related to your Account unless this is otherwise agreed upon
5.11 FashionUnited has the right to block your Account at its’ own discretion. In case your Account is blocked you do not have the right to open a new Account unless this is otherwise agreed upon.
5.12 If you find that another user of the Platform and/or Website is acting in breach of these Terms, FashionUnited requests you to report such breach.
6. Conditions for access and use of the Platform
6.2 You must comply with the (technical) regulations, conditions and procedures provided by or on behalf of FashionUnited in relation to the use of the Platform and/ or the Website, and to use the Platform and/or Website in accordance with the intended purpose thereof.
6.3 You will use the Platform and the Website in a fair and normal way, which means, among other things, a normal use of the Platform that does not significantly exceed normal customer usage patterns. A User will be considered to exceed normal customer usage patterns if the User uses more than twice the amount of data traffic and/or storage space used by other customers under similar circumstances.
6.4 You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Platform and/or Website in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Platform and/or Website in a manner that sends more request messages to the FashionUnited servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) disrupting the functioning of the Platform and/or Website or to use software that could disrupt the functioning of the Platform and/or Website (iv) transmitting spam, chain letters, or other unsolicited email; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform and/or Website; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) uploading invalid data, viruses, worms, or other software agents through the Platform and/or Website; (viii) collecting or harvesting any personally identifiable information, including account names, from the Platform and/or Website; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Platform and/or Website; (xi) accessing any content on the Platform and/or Website through any technology or means other than those provided or authorized by the Platform and/or Website; (xii) bypassing the measures we may use to prevent or restrict access to the Platform and/or Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform and/or Website or the content therein; (xiii) using FashionUnited’s trademarks or trade names or any variant thereof that is similar to or likely to be confused with FashionUnited trademarks; (xiv) copying, imitating or using, in whole or in part, the look and feel of the Platform and/or Website without the prior written consent of FashionUnited; (xvi) framing or hyperlinking to the Platform and/or Website or any content other than your own without the prior written consent of FashionUnited.
6.6 FashionUnited will have the exclusive right to determine the information, functionalities, content and services it provides via the Platform (for the avoidance of doubt: FashionUnited has no responsibility or control with regard of the information provided by other users). FashionUnited may at its discretion decide to delete or add information, functionalities, content and services from/to the Platform. FashionUnited has the right to (timely) take down the Platform and/or Website or make the Platform and/or Website timely unavailable or suspend its services via the Platform. FashionUnited will not be liable for any changes, downtime, suspension of services or unavailability of the Platform.
7. User Content and sharing information
7.1 As a User of FashionUnited you are allowed to submit and publish User Content such as information about you, about your connections, about what you are offering or what you are looking for. You retain ownership of your User Content.
7.3 You acknowledge that you will solely liable for the use of the Platform and the provision of information and User Content via the Platform. By providing User Content you warrant that you have the right to provide this information and that this information is correct, not of a confidential nature and not in violation with contractual restrictions or third party rights.
7.4 You agree not to submit User Content that: (i) may create a risk of harm, loss, physical or mental injury, to you or to any other person, (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a criminal act; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights to other people (publicly or otherwise), or otherwise objectionable; (v) contains any information or content that is illegal; or (vi) contains any information or content that you know is not correct and current. You shall defend, indemnify and hold harmless FashionUnited and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from a violation of this clause.
7.5 You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy or publicity.
7.7 FashionUnited is never responsible or liable for any User Content that you or any (unauthorized) third party uploads, submits, posts in the Platform and/or Website. You shall be solely responsible and liable for your User Content and the consequences of posting or publishing it.
7.8 You may remove the User Content at any time via your Account, on the understanding that it is not possible to remove information if and insofar as the information has been shared with other users and those other users have stored, copied or otherwise used the information. After removal the data may remain present in the backup versions of the databases used by FashionUnited.
7.9 You agree that FashionUnited will store and use the information and User Content you provided via your Account, in order to manage your Account, to optimize the use of our Platform, our services and our Website.
8. License grant for User Content
8.1 By providing information and User Content via your Account or otherwise, you automatically grant FashionUnited a non-exclusive, worldwide, unlimited, sub-licensable and royalty-free right to copy, publish, remove, keep, multiply, analyse or otherwise use and communicate that information, in order to manage your Account, to optimize the use of our Platform, our services and our Website and also for marketing and promotional purposes of the Platform, without any further permission or notification being required and without you or any third party being entitled to any compensation or damages.
9.1 FashionUnited cares about the security of its users. While we work to protect the security of your content and account, FashionUnited cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your Account.
10. Privacy & Cookies
10.3 You can change your browser settings so that no cookies will be created when you visit the Website. However, if you change your browser settings you may not be able to use all features on the Website and/or the Platform or not have access to certain parts of the Website and/or the Platform.
11. Intellectual property rights FashionUnited
11.2 As a consequence, User may only use the Intellectual Property Rights during the term of the Agreement and for the purpose for which the Website and/or the Platform are intended, under the following conditions: the User warrants that it will not infringe these Intellectual Property Rights. It is expressly prohibited to attempt to decode, change or alter the software used for the functioning of the Website and/or the Platform, to develop derivative works, in any other manner to infringe the copyrights by which it is governed or to frame, mirror or otherwise simulate the appearance or the function of the Website and/or the Platform.
12.1 FashionUnited may terminate or suspend the Agreement with regard to the Platform and the license at any time, with or without cause or notice to you.
14.1 The Website and/or the Platform are provided on an "as is" and “as available” basis without warranty of any kind, whether express or implied. FashionUnited specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement and any warranties arising out of the course of dealing or usage of trade.
14.2 You acknowledge that every use of the Website and/or Platform, including any information provided in this Platform is at your own risk.
14.3 FashionUnited takes no responsibility and assumes no liability for any User Content that you or any other user or third party transmits using our Website and/or the Platform.
14.4 FashionUnited does not warrant the results that can be achieved by using the Website and/or the Platform or the accuracy, reliability or details of any information made available via the Website and/or the Platform.
14.5 FashionUnited cannot warrant that the Website and/or the Platform and the information, files and data published on them are suitable for the purpose for which you wish to use them.
14.6 FashionUnited cannot warrant that the Website and/or the Platform and the Account will be available at all times and without any interruption, breakdown, error or defect. FashionUnited is in no event liable if for any reason the Website and/or the Platform are out of operation or function less than optimally.
14.7. FashionUnited enables its users to get into contact with each other via the Platform, but does not regulate any contact. FashionUnited has no control over the quality, security, lawfulness, integrity or correctness of the information provided by other users. FashionUnited will never be responsible or liable for any acts of its users of the Website and/or Platforms, or any information or content provided by its users.
14.8 You acknowledge that the Website and/or the Platform may have defects, including hidden defects, accepts the risk of loss involved and accepts that FashionUnited is in no event liable for such loss.
14.9 To the maximum extent permitted by applicable law, in no event shall FashionUnited, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Platform and/or Website, including without limitation, your submission of User Content. Under no circumstances will FashionUnited be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Website and/or the Platform or your Account or the information contained therein.
14.10. To the maximum extent permitted by applicable law in the applicable jurisdiction, FashionUnited shall not be liable or responsible for any (i) errors, mistakes, or inaccuracies of any content of the Website and/or the Platform; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Website and/or the Platform; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Website and/or the Platform; (v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Website and/or the Platform by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available through the Platform and/or Website; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall FashionUnited, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding EUR 100,-.
14.11 The limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
14.12 FashionUnited takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or transmits using our Website and/or the Platform.
15. Notice and Take Down
15.1 Any legal entity and/or person (“Complainant”) may submit a request (“Take Down Request”) to have certain alleged unlawful content or content that is otherwise in violation of the Dutch legislation (including third party rights) (together: “Alleged Unlawful Content”) removed from the Platform and Website. A Take Down Request must be submitted with respect to the following notice-and-takedown procedure (hereafter: “NTD procedure”).
15.2 FashionUnited operates an Platform on which the User may upload User Content. The Platform will only disclose/pass on the User Content and will therefore never be liable for the User Content uploaded by User.
15.3 FashionUnited provides this NTD procedure on a voluntary basis and will not be obliged to comply with Take Down Requests submitted by User or any other users. You will not derive any rights from this NTD-procedure. FashionUnited may at its own discretion decide not to process a Take Down Request submitted, to reject a Take Down Request or to deviate from this NTD procedure.
15.4 This NTD procedure is used to ensure that FashionUnited is able to take down (Alleged) Unlawful Content or content that is otherwise in violation of the Dutch legislation (including third party rights), discovered by its Complainants. FashionUnited will remove User Content if FashionUnited is informed that this User Content is (Alleged) Unlawful Content or content that is otherwise allegedly in violation of the Dutch legislation (including third party rights).
15.5 This NTD procedure is not applicable if other or additional legislation is applicable, following from which FashionUnited has other or additional obligations.
15.6 FashionUnited has the right to request further information from the Complainant that submits a request in compliance with this NTD procedure.
15.7 A request from a Complainant to remove certain content from the Website and/or Platform will only be processed by FashionUnited if:
15.7.1 the Complainant is an interested party; and
15.7.2 the Take Down Request was submitted for the purpose to take action against Alleged Unlawful Content or content that is otherwise in violation of the Dutch legislation (including third party rights);
15.7.3 submitted via e-mail to FashionUnited containing every information necessary for FashionUnited to examine this Alleged Unlawful Content.
15.8 After receiving a Take Down Request from a Complainant to remove certain Alleged Unlawful Content from the Website and/or Platform, FashionUnited will:
15.8.1 send an acknowledgement of receipt;
15.8.2 verify if all necessary information from the User is provided, and, if necessary, send a reply to the User what additional information is required for FashionUnited in order to process the Take Down Request;
15.8.3 verify if all other remedies available for the User are exhausted and, if these have not been exhausted, require the Complainant to seek such other remedies or to seek such remedies on behalf with the Complainant;
15.8.4 asses if the Alleged Unlawful Content is unlawful or otherwise in violation of the Dutch legislation (including third party rights) and if this sufficiently justifies the removal of the content by Fashion. FashionUnited will conduct this assessment to its best efforts and with due care. User recognizes that FashionUnited is obliged to remove content that is undisputable unlawful or otherwise undisputable in violation of the Dutch legislation (including third party rights), and will have the right to not remove this content, for reasons of her own.
15.8.5 remove the Alleged Unlawful Content in which case User defends, indemnifies and holds harmless FashionUnited and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from the removal of the (Alleged) Unlawful Content. FashionUnited may require additional conditions for the acceptance of the Take Down Request.
16. Notice and stay down
16.1 User acknowledges and accepts that in the event that pursuant to the NTD procedure of Article 15 the content of the User has been removed pursuant to article 15.8.5, User shall not in any event and under no circumstances re-upload the (Alleged) Unlawful Content.
17. Fair Use Policy (FUP)
17.1 For the use of the Website and Platform a Fair Use Policy (FUP) is applicable. This means that there are no direct restrictions for Users that use the Website and Platform for their business, provided that their use falls within the reasonable use, and that the use does not exceed the average use within the FashionUnited services. FashionUnited reserves the right to reject User Content. Users should reimburse any costs that FashionUnited has to make arising from placements of content at market prices. FashionUnited is not responsible for the consequences content (might) cause, directly or indirectly, as this is the full responsibility of users and/or customers.
18.1 Governing law and jurisdiction
Amsterdam, The Netherlands
Latest update: January 2019