Terms & Conditions

Terms & Conditions

Acceptance of Terms

The services that fashioncloudsoftware.com, LLC (“FCS”) provides to you through the website fashioncloudsoftware (the “Website”) are subject to the following Terms of Use ("TOU").

For purposes of these TOU, “you” means the person using the Website; if the user is not an individual, then “you” means the user’s company and its officers, directors, members, agents, successors and assigns. 

By using this Website, you indicate that you have read and agree to be bound by all terms and conditions of these TOU, without limitation or qualification, and by all applicable laws and regulations, as if you had written your name on a contract. 

FCS reserves the right to update the TOU at any time without notice to you and you will be bound by the most recent version of the TOU by using the Website.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Website and all content, materials and services provided on or through the Website (the “Services”) are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Services or any part of the Services.  You agree that, as between you and FCS, FCS owns all right, title and interest in and to the Website, Services and Documents.  FCS reserves all rights not granted in these TOU.

Privacy and Protection of Personal Information

See the Privacy Statement disclosures relating to the collection and use of your information.

Notice Specific to Documents Available on this Website

FCS grants you permission to use content and documents made available through the Website, such as white papers, press releases, datasheets and FAQs (“Documents”), on the conditions (1) use of Documents is for informational, non-commercial and personal use only and Documents will not be copied or posted on any network computer or broadcast in any media, and (2) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.

Documents specified above do not include the design or layout of the Website.  The Website, content and trademarks used on the Website  are protected by copyright, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by FCS.

Disclaimer and Limitation of Liability

FCS and its respective suppliers make no representations about the suitability of the information contained on the Website or made available as part of the Services. The Website and Services are provided "as is" and “as available” without warranty of any kind. FCS and its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall FCS or its respective suppliers be liable for any special, indirect or consequential damages or any damages or liabilities whatsoever exceeding one hundred dollars ($100), whether in an action of contract, negligence or other tortious action, arising out of or relating to your use of the Website or Services, or the performance, results. availability or in-availability of the Website or Services.  Neither FCS, nor its suppliers warrant that the Website will be uninterrupted or error-free, the results that may be obtained from the use of the Website or Services, or the accuracy, completeness, reliability, security or currency of the Services or Documents.  Further, FCS does not warrant the reliability of, or guarantee or endorse any advice, opinion, statement or other information displayed or distributed through the Website. 

FCS. and its respective suppliers may change the Website and Services at any time.

Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify FCS immediately of any unauthorized use of your account or any other breach of security. FCS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by FCS or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of the Website and Services, you will not use the Website or Services for any purpose that is unlawful or prohibited by these TOU. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair FCS’s or its suppliers’ servers, systems or the network(s) connected to any FCS’s or its suppliers’ server, or interfere with any other party's use and enjoyment of any Website Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any of FCS’s or its suppliers’ server or to the Website or any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Services.

Use of Services

You agree not to use the Website and Services:

  • In connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • To defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, infringing or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Website or Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Falsify or delete any ownership or copyright management information, such as 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.
  • Restrict or inhibit any other user from using and enjoying the Website or Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
  • Reverse engineer, decompile or otherwise extract source code provided on or through the Website.
  • Interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Website, the proper working of the Website, security features of the Website, the equipment connected to the Website or any product or service provided on or through the Website.

FCS has no obligation to monitor usage of the Website or Services. However, FCS reserves the right to review usage of the Website and Services and to take any action it deems warranted in its sole discretion. FCS reserves the right to terminate your access to the Website and any or all of the Services at any time, without notice, for any reason whatsoever.

Materials Provided to through the Website

FCS does not claim ownership of the materials you provide to FCS through the Website or Services (including feedback, content, images and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you grant FCS, its affiliated companies, other users of the Website and necessary sublicenses permission to use your Submission in connection with the operation of the Website, provision of the Services and of any related businesses, including, without limitation, you grant FCS a license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works from, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. FCS is under no obligation to post or use any Submission you may provide and FCS may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these TOU including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant the license provided above.

In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these TOU, (b) you have the rights necessary to grant the licenses and sublicenses described in these TOU, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

Notices and Procedure for Making Claims of Copyright Infringement

If you believe that your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at info@fashioncloudsoftware.com.

This Website and these TOU are governed by and construed in accordance with the laws of The United States of America and the State of Georgia. All disputes arising out of or in connection with this website or these legal notices shall be submitted to the exclusive jurisdiction the courts having jurisdiction over the State of Georgia.

If for any reason a court of competent jurisdiction finds any provision of these TOU to be invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the TOU, and the remainder of these TOU shall continue in full force and effect.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Links to Third Party Sites

The Website may provide links to third party websites. Such linked sites are not under the control of FCS and FCS is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. FCS is not responsible for webcasting or any other form of transmission received from any linked site. FCS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FCS of any site.