Terms of Use
 

The following Terms of Use govern the services and website provided by FashionistaCafe LLC (“FC”), including the information in our graphics, images, text, data, advertising and other user services sections and forums accessible via our website (“Content”).  In order to become an FC user, you must read and accept these terms and conditions, as well as the FC  Privacy Policy.  If you do not agree to be bound by the terms of these agreements, you may not use or access our services.
 
FashionistaCafe is an online service created to assist industry professionals identify and connect with each other, enhancing their ability to accomplish their professional objectives.  Such services include (i) assisting users in locating designers, manufacturers, vendors and other service providers supporting the industry, (ii) connecting with job placement specialists and product information consultants, and (iii) utilizing online service providers such as personal and professional coaches, trainers, focus group organizers and job interviewers.
 

Membership
 
Prospective users of the FC website must be at least 18 years old, and will be required to register by creating a user profile, which includes certain basic personal and contact information.  Entries for listing professional expertise, experience and goals will also be requested.  Users will be allowed to maintain only one active account, which is assigned exclusively to the user and may not be transferred to anyone else.  FC may refuse to provide services without prior notice at any time and to any user, with or without cause.
 
Users are responsible for maintaining the confidentiality of their login name and password.  If you allow others to use your login information to access FC’s services, your account privileges may be temporarily suspended, or permanently revoked.  Users agree to immediately notify the website administrator of any unauthorized use of their account or any other breach of security.  FC is not responsible for the consequences of a user’s failure to comply with this provision.
 
Access to the services of the FC website may also be terminated at any time and at the sole discretion of the company, with or without cause or notice, including under the following circumstances:  (a) the user breaches or violates these Terms of Use, (b) requested by a court of law or government agency, (c) there are ongoing technical issues with the user’s use of the site, or (d) there have been extended periods of inactivity of the user’s account.
 
 
Fees
 
Initial registration with FC is without charge.  Other services are provided on an individualized fee basis, according to the schedule found on our web site.  FC reserves the right to revise its pricing structure, or modify its service offerings, without prior notice to its users.
 

Conduct
 
Users agree not to access their FC account to:
 

1. communicate in any way that would be unlawful, obscene, abusive or otherwise objectionable;
2. falsify their identity or misrepresent their experience or qualifications in any way;
3. disclose or otherwise make available information or Content they are not authorized to disclose;
4. email, post or otherwise transmit any unsolicited advertising, spam, chain letters or other schemes, regardless of whether user knows the intended recipients;
5. email, post or otherwise transmit material containing software viruses, spy ware or other computer code intended to interrupt or gain access to the computer or communications equipment of others;
6. interfere with the functionality of FC’s server, network or the equipment or software of its vendors or service providers;
7. harass, stalk or otherwise disturb other users of FC, or anyone else.

 
Use of Information Provided by You
 
In order to gain access and maximize the utility of FC’s services, users will be required to provide information about themselves which may be viewed by other users under certain circumstances.  Users acknowledge and agree that by posting such materials on the web site, they are granting to FC an irrevocable, perpetual and royalty-free license to use this information in the ordinary course of providing its services.  FC will not be responsible for any errors or omissions in the Content provided to it by its users, nor does it vouch for the identity of the other users of the site or the accuracy of the Content provided by them.
 
 
Monitoring and Enforcement
 
FashionistaCafe reserves the right to monitor the activity and Content placed on its website by its users.  However, FC makes no representation that it will attempt to actively do so on an ongoing basis.  Users may therefore be exposed to Content placed on the website by other users which they find objectionable.  In this case, users should contact the site administrator with information regarding the situation, which the administrator may investigate to determine if there has been a violation of law or FC’s policies or practices, taking whatever action they deem appropriate.  FC assumes no liability for any Content provided by users to the website.
 

International Use
 
Users agree to comply with all rules applicable to and imposed on them by their local jurisdiction, including rules regarding online conduct and Content, as well as laws imposed on the transmission of technical data to or from the United States and the country in which they are located.  
 

Indemnification
 
By accepting these Terms of Use, users agree to indemnify and hold harmless FC, its owners, officers, managers, employees and related parties from any direct, indirect, incidental or consequential damages resulting from its use of the website.
 

Disclaimer of Warranties
 
USERS AGREE AND UNDERSTAND THAT THE WEBSITE SERVICES PROVIDED BY FC ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, SUCH THAT FC ASSUMES NO RESPONSIBILITY FOR A CERTAIN LEVEL OF SERVICE AT ALL TIMES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  NO WARRANTY IS BEING MADE THAT THE SERVICES OF FC WILL SATISFY USER REQUIREMENTS OR WILL BE UNINTERRUPTED, SECURE, ACCURATE OR DELIVERED IN A TIMELY MANNER.  ALL MATERIALS OBTAINED THROUGH THE USE OF FC’S SERVICES SHALL BE DONE AT USER’S OWN RISK, WITHOUT ANY RESPONSIBILITY OF FC’S PART FOR DAMAGE TO USER’S COMPUTER OR LOSS OF DATA WHICH MAY RESULT. 
 
EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT BE ALLOWED IN CERTAIN JURISDICTIONS, MEANING THAT SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU.
 
 
Limitation of Liability
 
USERS UNDERSTAND AND HEREBY AGREE THAT FC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF ITS WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF HAVING BEEN INFORMED OF THE POSSIBILITY OF A USER INCURRING SUCH DAMAGES.
 
LIMITATION OF LIABILITY FOR SUCH DAMAGES MAY NOT BE ALLOWED IN CERTAIN JURISDICTIONS, MEANING THAT SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU.  IN ANY CASE YOU HEREBY AGREE THAT FC’S LIABILITY IN SUCH CIRCUMSTANCES SHALL NOT EXCEED $100.
 
 
Entire Agreement
 
These Terms of Use represent the entire agreement between the user and FC regarding use of its website, and supersede any prior written or oral agreements which may have previously existed between the parties.
 

Governing Law
 
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of law principles.