A NEW YORK CORPORATION
INTRODUCTION FOR USERS
2. If I terminate my account does my data get erased? Yes. If you’d like to delete your account, please email us at email@example.com. What does it cost to use your Service? Fashion Jungle offers several services for free, such as the interactive map. Other services such as the live chat, and the Fashion Consultant are pay per use. All prices are displayed prominently on the App.
That’s it. Please read the Terms of Service (Terms) below. By using our application or Services, you agree to be bound by these Terms. If you do not agree with any of these Terms, please do not use the app. Thanks!
INTRODUCTION FOR BUSINESSES
A.1. The Fashion Jungle Inc. (“Fashion Jungle,” “we,” “us,” “our”) is the owner of the Fashion Jungle mobile application (the “Application”). The Application provides users (“you,” “your”, “User”, “Users”) with fashion services such as personal shopping and fashion consulting, as well as an interactive map to guide you on your way (the “Services”).
A.4. Our liability is subject to the limitations and exclusions described in Sections P (INDEMNITY), Q (DISCLAIMERS), R (LIMITATION OF LIABILITY) and S (RELEASE). Please read these Sections carefully because they limit your rights.
B.1. Compliance with these Terms is required for all use of the Application by any person (User). By using the Application, each User accepts and agrees to be bound by these Terms.
B.2. We may update these Terms at its absolute discretion from time-to-time, and unless stated otherwise by us in writing, these updates will come into effect once they are made available on the Application or otherwise notified to Users.
D. USER ACCOUNTS
D.1. Accounts. Users login to the app by entering their names, email addresses, and choosing a password and username (the “User ID”). Failure to provide accurate, complete, and truthful information is a breach of these Terms.
D.2. Personal Shopping Questionnaire. Before activating the Live Chat functionality or hiring a Personal Shopper, the User will be asked to fill out a short questionnaire to know the preferences and styles of the user. It will also ask questions such as personal style, favorite colors, sizes, etc.
D.3. User Content. Users may upload content to the application in order to facilitate the live chats, personal shopping experience, or other services. This can include, without limitation, photographs, videos, information, data, text, comments, graphics, and interactive features generated, provided, or otherwise made accessible through our Service (collectively, the “User Content”).
D.4. Rights and Licenses. We do not acquire ownership rights over any User Content. When you upload User Content to the Application, you grant us and our authorized sub-licensees and distributors, a worldwide, non-exclusive, royalty-free, right and license to reproduce, distribute, digitally transmit, stream, display, create derivate works of, communicate to the public, synchronize, and collectively exploit your content and all associated copyrightable works or metadata. We may do this on your behalf in connection with our Service, using any technologies or methodologies. The foregoing license grant does not affect your ownership or license rights in your User Content, including the right to grant additional licenses to the material.
D.5. Misuse of Account. You shall not:
We reserve the right to refuse registration of and/or cancel a User ID in our sole discretion. You are responsible for all activity that occurs on your account. You must immediately notify us of any unauthorized use of your account, or any other account related security breach of which you are aware.
E. FASHION JUNGLE’S ROLE AS LIMITED AGENT
E.1. We are not the manager or owner of the stores, outlets, and other shopping venues (collectively, the “Stores”) listed on the application. We only provide a service that allows our Users to discover new Stores and access discounts and other services. It is each Store’s sole obligation to ensure that its physical facilities and services meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the platform are actually delivered in a satisfactory manner.
F.1. User Warranties. You represent and warrant, and can demonstrate to our full satisfaction upon request, that:
(a) You are at least 13 years of age. You may not use our Services if you are under the age of 13;
(b) You own or otherwise control all rights to any uploaded Content; or
(c) You have full authority to act on behalf of any and all owners of any right, title or interest in and to any Content you upload to our Service; and,
(d) You have permission to use the name and likeness of each identifiable individual person you upload to the Application.
(e) All information and User Content posted or transmitted through the Application is the sole responsibility of the User from which such content originated. We will not be liable for any errors or omissions in any User Content.
F.2. We do not endorse or have control over any User Content, nor can we guarantee the authenticity of any information that Users may provide about themselves, including their identity.
F.3. You acknowledge that all User Content accessed by you using our Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
G. FEE STRUCTURE FOR SERVICES
G.1. Free Services. Creating an account, using our interactive map and other complimentary services are free.
G.2. Live Chat. Live Chat prices are posted on the Application. To take advantage of the Live Chats, please purchase credit in advance which you can use towards the Live Chat Services.
G.3. Personal Shopper. Prices for Personal Shoppers are set by each individual Personal Shopper. Please Consult our price list on the app.
G.4. We may introduce new services and/or fees by giving the User written notice of their availability and applicability.
H. ADDITIONAL SERVICES
H.1. From time to time, in our sole discretion, we reserve the right to establish and provide additional services to you beyond the basic functionality of our Services. All such additional services shall be deemed a part of our Services and subject to all the terms and conditions of these Terms
I. PROHIBITED USER CONDUCT
I.1. You warrant and agree that, while using the Application and the various services and features offered on or through the Application, you shall not:
(a) Impersonate any person or entity, whether actual or fictitious, or misrepresent affiliation with any other person or entity;
(b) Attempt to gain unauthorized access to other personal devices, Content or information through any means;
(c) Engage in harvesting of information, contact or personal information, or any other automatic means of obtaining lists of property, Users or other information from or through the Application;
(d) Use the Application or the services made available on or through the Application in any manner with the intent to interrupt, damage, disable, overburden, or impair the Application or such services, including sending mass unsolicited messages or “flooding” servers with requests;
(e) Abuse, harass, threaten or intimidate other Users;
(f) Rent, lease, resell, distribute, use our Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit our Services in any unauthorized or unintended manner;
(g) Remove or alter any proprietary notices or labels on or in our Services;
(h) Use the Application in violation of our or any third party’s intellectual property or other proprietary or legal rights;
(i) Facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes, and/or any other activity featuring the award of a prize;
(j) Solicit any User to use a third party service that competes with Fashion Jungle;
(k) Collect social security or insurance number, financial account number, drivers’ license number, health information, or other sensitive information required to be secured under applicable local, state, provincial, national, or other law, rule, or regulation, or for which disclosure is required in case of a data breach without first obtaining our prior written consent.
I.2. You further agree not to attempt (or encourage or support anyone else’s attempt) to engage in any of the foregoing prohibited activities.
I.3. You must not use the Application in any manner that could damage, disable, overburden, or impair the Application or interfere with any other party’s use and enjoyment of the Application. You must not obtain, use, or access, or attempt to obtain, use, or access, any Content or information through any means not intentionally made publicly available or provided for through the Application.
J. MODIFICATION OF THE SERVICE OR APPLICATION
J.1. We reserve the right, at our sole discretion, to change, modify, suspend or discontinue our Service and/or Application, including, without limitation, the availability of any feature, database, function, or content at any time. We may impose limits on certain features, services, and/or function, or restrict your access to parts or all of the Service without notice or liability.
K. ADVERTISING AND NOTIFICATIONS
K.1. Some of our Services may be supported by advertising revenue and may display advertisements and promotions. You agree that we may place such advertising and promotions on the Application, or on, about, or in conjunction with your User Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
K.2. You grant our permission to use and send push notifications, emails, alerts, marketing and promotional materials, email campaigns, and other reasonable forms of communications.
L. INTELLECTUAL PROPERTY
L.1. Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names, and other forms of intellectual property (collectively, the “Intellectual Property”).
L.2. Proprietary Information. The Application may use and incorporate software and other proprietary systems and Intellectual Property for which we have appropriate authority to use, and you agree that such is protected by copyright, trademarks, patents, proprietary rights, and other laws, both domestically and internationally. You warrant that it shall not infringe on any Intellectual Property or other third-party rights through the use of the Application (U.S. Copyright Act of 1976, Title 17 U.S.C).
L.3. Application. You agree and accept that the Application (including any source code, ideas, enhancements, feature requests, suggestions, or other information provided by you or any other party with respect to the Application) is the Intellectual Property of Fashion Jungle and you further warrant that by using the Application you will not:
L.4. Trademarks. We have moral & registered rights in our trademarks and you shall not copy, alter, use, or otherwise deal in the marks without our prior written consent.
M. LICENSE & USE
M.1. By accepting these Terms, you are granted a limited, non-exclusive, non-transferable and revocable license to use, modify and reproduce the Intellectual Property, solely for personal, non-commercial use.
M.2. You are also granted access a limited, non-exclusive, and revocable license and use the Application for the duration of these Terms, in accordance with these Terms.
M.3. We may revoke or suspend your license(s) and prevent future use of the Application in our absolute discretion for any reason that we see fit, including for breach of these Terms by you. We will ordinarily advise you of any suspension or revocation, however we are under no obligation to do so.
M.4. You agree that you shall only access and use the Application for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive, or in a way that is deemed unreasonable by us in our discretion.
M.5. You promise not to use Application for any purpose prohibited by these Terms of Service.
M.6. We may limit or restrict access to the Application from time-to-time as we see fit, including (but not limited to) the following situations:
N. FEEDBACK & REVISIONS
N.1. You acknowledge that any and all:
(a) Suggestions for correction, change, and modification to our Services, information and reports you provide to us, and other feedback (including but not limited to quotations of written or oral feedback), (collectively “Feedback”); and
(b) Improvements, updates, modifications, or enhancements, whether made, created, or developed by us, or otherwise relating to Feedback (collectively, “Revisions”);
N.2. are and will remain our property. All Feedback and Revisions become the sole and exclusive property of Fashion Jungle and we may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you, and without your retention of any proprietary or other right or claim.
N.3. You assign to us any and all right, title, and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how, and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.
N.4. You agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of Fashion Jungle. At our request, you will execute any document, registration or filing required to give effect to these provisions.
O.1. Own Risk. You agree that you use the Application at your own risk and that we are not responsible for the conduct or activities of any User.
O.2. Errors or Failures. We are not liable any circumstances for any errors or failures to execute requests or offers on the Application, including errors or failures caused by: (1) loss of internet connection to the Application by any party, or (2) a breakdown or failure of the Application.
O.3. User Interactions. You release Fashion Jungle from all liability relating to any connections and relationships with other Users. We make no representations or warranties as to the conduct of Users or the veracity of any information they provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of the Services. This includes, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users that meet through the Service. You are encouraged to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through our Service.
O.4. Links. Where the Application contains links to other websites and resources provided by third parties, these links are provided to you for information only, without any endorsement or warranty whatsoever from Fashion Jungle. You enter those websites solely at your own risk and acknowledges that we have no control over and accept no responsibility whatsoever for those websites or resources.
O.5. Account Access. You are solely responsible for the use and security of your personal device, which provides access to your Account through the Application. You must give prompt notice of any compromise or unauthorized access to your personal device. You must ensure and accept all liability for any breach of these Terms arising from access with your Account.
O.6. Confidentiality. Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Application or any website linked from the Application.
O.7. Indemnification. You agree to indemnify Fashion Jungle for any loss, damage, cost, or expense that Fashion Jungle may suffer or incur as a result of, or in connection with, your access to, use of, or conduct in connection with the Application, including any breach of these Terms by you.
P.1. EACH USER ACKNOWLEDGES AND AGREES THAT:
(a) THE APPLICATION (INCLUDING ALL CONTENT, FUNCTION, CONTENT, AND SERVICES) IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
(b) FASHION JUNGLE DOES NOT WARRANT THAT THE APPLICATION (OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY) WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. FASHION JUNGLE MAKES NO WARRANTY THAT THE APPLICATION WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, OR CONTENT WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF A USER IS DISSATISFIED WITH THE APPLICATION, THE SOLE REMEDY IS TO DISCONTINUE USING THE APPLICATION.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION REMAINS AT THE DISCRETION AND RISK OF THE USER AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) FASHION JUNGLE DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE APPLICATION. FASHION JUNGLE IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES.
P.2. EACH PARTY ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION, WARRANTY, OR STATEMENT MADE BY ANY OTHER PARTY, OTHER THAN AS SET OUT IN THESE TERMS.
Q. LIMITATION OF LIABILITY
Q.1. IN NO EVENT SHALL FASHION JUNGLE OR ANY OF ITS SUPPLIERS, DISTRIBUTORS, VENDORS, CONTRACTORS, CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE APPLICATION (OR THE INFORMATION, CONTENT, AND FUNCTION RELATED THERETO), INCLUDING LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST OR CORRUPTED DATA, LOST BUSINESS OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF FASHION JUNGLE OR SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Q.2. THE ABOVE LIMITATIONS ONLY APPLY TO THE EXTENT PERMITTED IN THE RELEVANT JURISDICTION.
R.1. We provide a service that allows our Users to discover great new Stores and access discounts and other services. However, we could not function if we were held responsible for the actions or inactions of different Stores, Users, and/or third parties both on and off the Services. As an inducement to Fashion Jungle permitting you to access and use the Services, you hereby agree to release Fashion Jungle, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners, and employees from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services. In addition, you waive any applicable law or statute, which says, in substance:
R.2. “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
S.1. Where a dispute arises between us and a User, the following process shall apply:
(a) Negotiation. If there is a dispute between the parties relating to or arising out of these Terms, then within 10 business days of a party notifying the other party of a dispute, senior representatives from each party must meet (or discuss directly via the telephone or internet) and use all reasonable endeavors acting in good faith to resolve the dispute by joint discussions;
(b) Court proceedings. A party may not commence court proceedings in relation to a dispute relating to or arising out of these Terms until it has exhausted its obligation to negotiate, unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that damages are inadequate to compensate.
T. GOVERNING LAW AND JURISDICTION
T.1.These Terms, as well as the respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of New York without regard to conflict of laws principles. Please note that use of the Application by any User may be subject to other local, state, national, and international laws.
T.2. Each User expressly:
T.3. NO CLASS ACTIONS. EACH USER EXPRESSLY AGREES THAT HE OR SHE MAY BRING CLAIMS AGAINST FASHION JUNGLE ONLY IN THE USER’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
U.1. Waiver. No clause of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
U.2. Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms and the transaction facilitated by it.
U.3. Severability. Any clause of these Terms that is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms.
To contact us with any questions or concerns in connection with these Terms or the Application, or to provide us with any notice under these Terms, please contact us at:
Updated: July 1st, 2016