Terms of Service

Welcome to This Is Fashion! We are a subscription service that provides our members with access to films, TV series, magazines and books streamed over the Internet to certain Internet-connected TVs, computers and other devices.

1. Description of Service and Acceptance of Terms

This Is Fashion B.V. a Dutch Limited liability. (” This Is Fashion”,” we” or” us”) provides an online multimedia service offering a selection of television shows, movies, clips, books and magazines and other content (collectively, the Content). Our video service, the Content, our players for viewing the Content (the Video Player and
”Reader for Magazines and Books”) and any other features, tools, materials, or other services (including third party branded services) offered from time to time by This Is Fashion through a variety of Access Points (defined below) are referred to collectively as the” Services”. The term” Access Points” refers to, collectively, the thisisfashion.tv website (the” This Is Fashion Site”), applications, and other places where any Services are available, including websites and applications of This Is Fashion’s third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.

Use of the Services (including access to the Content) is subject to compliance with these Terms and any end user license agreement that might accompany the applicable Service. Therefore, by visiting the This Is Fashion Site or using any of the Services through any other Access Point you are agreeing to these Terms. If you do not accept the Terms of Use, discontinue the use of this Service immediately.

2. Changes to These Terms

We may need to make changes to these Terms from time to time for many reasons. This Is Fashion reserves the right to change, revise or alter the terms of this Agreement including its Privacy Policy or other features at any time, for any purpose and without notice. Revisions of terms are effective immediately. It is the users own responsibility to visit this page regularly and review this Agreement. Continued access and/or use of this Service will be regarded as acceptance of such changes, revisions or alterations beyond recall.

3. Access and Use of the Services

3.1       Age Limitations.

The Services are not intended to be used by children without involvement and approval of a parent or legal guardian. By using this Service you acknowledge that you are legally an adult and are legally competent to enter the terms and conditions set forth in this Agreement. You abide by and comply with these terms and conditions. Use of this Service by individuals under the age of 18 is permitted with involvement of a parent or legal guardian, under such person’s account and otherwise subject to this Agreement.

3.2       The Content.

You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.

You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by This Is Fashion in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by This Is Fashion in writing.

Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by This Is Fashion. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content,including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by This Is Fashion in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

3.3       Your Licence

This Is Fashion is pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial, entertainment purposes as set forth in these Terms.

 

3.4       The Video Player.

You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without:

  • displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located.
  • Having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.

 

3.5       Embedding a Video Using the VideoPlayer.

Where This Is Fashion has incorporated an embed option in connection with Content on the Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that:

  • contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to This Is Fashion (in This Is Fashion’s sole discretion).
  • Links to infringing or unauthorized content (collectively, ”Unsuitable Material”). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. This Is Fashion reserves the right to prevent embedding to any website or other location that This Is Fashion finds inappropriate or objectionable (as determined by This Is Fashion in its sole discretion).

 

3.6       Reader for Magazines and Books.

You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Reader for Magazines and Books, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Reader for Magazines and Books.

3.7       Ownership.

You agree that This Is Fashion owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by This Is Fashion and This Is Fashion’s licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.

3.8       Your Responsibilities.

In order for us to keep the Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not use the Services in a way that:

  1. violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
  2. uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by This Is Fashion (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services);
  3. involves accessing the Services (including the Content) through any automated means, including ”robots,” ”spiders,” or ”offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
  4. introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  5. damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including This Is Fashion’s servers, computer network, or user accounts;
  6. removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content);
  7. uses the Services to advertise or promote services that are not expressly approved in advance in writing by This Is Fashion;
  8. collects information in violation of This Is Fashion’s Privacy Policy;
  9. encourages conduct that would constitute a criminal offense or give rise to civil liability;
  10. violates these Terms or any guidelines or policies posted by This Is Fashion;
  11. interferes with any other party’s use and enjoyment of the Services; or
  12. attempts to do any of the foregoing.

If This Is Fashion determines in its sole discretion that you are violating any of these Terms, we may:

Notify you, and use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

 

3.9       No Spam or Unsolicited Communications.

We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, you may not use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to This Is Fashion and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay This Is Fashion $50 USD for each such unsolicited communication you send through the Services.

 

3.10    Software Downloads.

In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or

agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

 

3.11    Suspension/Discontinuation.

We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that This Is Fashion may do so in This Is Fashion’s sole discretion. You also agree that This Is Fashion will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a This Is Fashion subscriber and This Is Fashion suspends or discontinues your subscription Service, This Is Fashion may, in its sole discretion, provide you with a credit, refund, discount or other form of

consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if This Is Fashion terminates your account or suspends or discontinues your access to Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

 

3.12    Internet Access Charges.

You are responsible for any costs you incur to access the internet.

 

3.13    Customer Service.

If we can be of help to you, please do not hesitate to contact our customer service department by visiting our Help Center at thisisfashion.tv/help-center. It would be our pleasure to serve you.

4. Subscriptions and Billing

We charge a fee to access the Services that require a subscription in order to offer Content that This Is Fashion would not otherwise be able to make available without charging a fee.

You can find the specific details regarding your subscription at any time by logging in on the This Is Fashion Site and clicking on Profile under your name. You agree that your subscription is for individual use only and your subscription is limited to only one

simultaneous stream at a time. Additionally, you agree that for various reasons, such as restrictions from content licencors and other limitations or considerations from third parties, certain Content that may be accessible through one Access Point may not be accessible through another Access Point.

Because the Service is offered in multiple time zones, for consistency, a ”day” for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.

4.1       Billing.

By providing a credit card or any other payment method accepted by This Is Fashion (”Payment Method”) for your subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. When your Payment Method expires and the monthly subscription fee cannot be collected by This Is Fashion, you will be given the opportunity to change your Payment Method.

As used in these Terms,” billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal date thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms.

We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription (each such month, a” Monthly Period”). In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each Monthly Period may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If This Is Fashion changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.

Very rarely, if there are special circumstances where This Is Fashion determines it is appropriate (e.g., your subscription Service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at This Is Fashion’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

4.2       Ongoing Subscription and Cancellation.

Your subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your monthly renewal date in order to avoid the next billing (each Monthly Period). We will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period -this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You can cancel your subscription by logging into your This Is Fashion Profile and clicking on the icon behind your Current subscription.

4.3       Unpaid Amounts.

It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. If for any reason you fail to honor the payment obligation, you will be given the opportunity to honor your payment obligations by registering a new payment method. This payment method can replace the previous payment method permanent or just for one time.

5. Accounts and Registration

You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services.

All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any This Is Fashion representative. Because you are responsible for all use of your account, including unauthorized use by any third party please be very careful to guard the security of your password. Please change your password if you suspect any unauthorized use of your account. Please also make sure to update your registration information if it changes, in case we need to contact you.

You may change your registration information on your This Is Fashion account by logging in on the This Is Fashion Site and clicking on Profile under your name, and then choosing ”Change Profile”. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a subscriber and you cancel your subscription it will automatically delete your account.

We reserve the right to immediately terminate or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if This Is Fashion determines in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Services or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the This Is Fashion servers being made or the volume of User Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

6. Collection and Use of Personal Information

For information about This Is Fashion’s policies and practices regarding the collection and use of your information, please read This Is Fashion’s Privacy Policy available at thisisfashion.tv/privacy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the This Is Fashion Site and use of the Services through any other Access Point are governed by the This Is Fashion Privacy Policy in effect at the time of your use.

7. User Reviews, Comments, and Other Material

7.1       Your Posts.

As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, ”Post”) reviews, comments, or other materials (collectively, ”User Material ”). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below. Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that:

  • Contains Unsuitable Material (as defined above in Section 3)
  • Or improperly claims the identity of another person. Please note that if you Post User Material on This Is Fashion using a third party service, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address.

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant This Is Fashion the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. This Is Fashion will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that This Is Fashion does not guarantee any confidentiality with respect to any User Material.

By Posting User Material, you are not forfeiting any ownership rights in such material to This Is Fashion. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant This Is Fashion a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to This Is Fashion is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to This Is Fashion), fully-paid, royalty-free (meaning that This Is Fashion is not required to pay you for the use of your User Material), and sub-licensable (so that This Is Fashion is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Services). By posting your User Material, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms.

7.2       Third Party Posts.

Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. This Is Fashion does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of This Is Fashion. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does This Is Fashion assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against This Is Fashion with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by emailing support@thisisfashion.tv (subject line:  ”Inappropriate User Material ”).

8. Linked Destinations and Advertising

8.1       Third Party Destinations.

If we provide links or pointers to other websites or destinations, you should not infer or assume that This Is Fashion operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.

This Is Fashion is not responsible for the content or practices of any website or destination other than the This Is Fashion Site, even if it links to the This Is Fashion Site and even if the website or destination is operated by a company affiliated or otherwise connected with This Is Fashion. By using the Services, you acknowledge and agree that This Is Fashion is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the This Is Fashion Site.

8.2       Advertisements.

This Is Fashion takes no responsibility for advertisements or any third party material Posted on any Access Point where the Services are available, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services are between you and the advertiser, and you agree that This Is Fashion is not liable for any loss or claim that you may have against an advertiser.

9. Trademarks

This Is Fashion, the This Is Fashion logo, and other This Is Fashion marks, graphics, logos, scripts, and sounds are trademarks of This Is Fashion. None of the This Is Fashion trademarks may be copied, downloaded, or otherwise exploited.

10. Unsolicited Submissions

It is This Is Fashion’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. This Is Fashion’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any This Is Fashion creative work, including a film, series, story, title, or concept, would be purely coincidental.

11. Disclaimer of Warranties, Limitation of Liability and Indemnity

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF

THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.

THE SERVICES, INCLUDING THE THIS IS FASHION SITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED” AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THIS IS FASHION DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL THIS IS FASHION OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE ”THIS IS FASHION PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE THIS IS FASHION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICE OR $50 USD (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE THIS IS FASHION PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). THIS IS FASHION RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

12. Notice and Procedure for Claims of Copyright Infringement

If you believe that any Content, User Material, or other material provided through the Services, including through a link, infringes your copyright, you should notify This Is Fashion of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that This Is Fashion receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to This Is Fashion’s copyright agent at DMCA@thisisfashion.tv (subject line: ”Copyright Infringement Takedown Request”). A copyright infringement form can be found at thisisfashion.tv/dmca. You may also contact us by mail at:

Attention: Copyright Agent

This Is Fashion
Van Cleefkade 15
1431 BA, Aalsmeer
The Netherlands,

To be effective, the notification must be in writing and contain the following information:

    1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable This Is Fashion to identify and locate the material;
    4. How This Is Fashion can contact you, such as your address, telephone number, and email address;
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. A statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

Emails sent to  DMCA@thisisfashion.tv for purposes other than communication about copyright infringement may not be answered.

This Is Fashion has a policy of terminating repeat infringers in appropriate circumstances.

13. Free Trial

The Service may be made available to you on a free trial basis for a limited time (”Free Trail”). The specific duration of the Free Trial will be specified in the applicable offer at registration to the Service. Free Trials are limited to new subscribers, unless

otherwise specified. Your status as a new subscriber to the Service will be determined by This Is Fashion.

At the time of registration for a Free Trial, you must provide This Is Fashion with a valid Payment Method in order to use the Service during the Free Trial period. To verify the validation of your Payment Method you authorize This Is Fashion to charge $0,50 USD on your account (£0,50 in the UK and €0,50 in other European countries).

UPON THE EXPIRATION OF THE FREE TRIAL, THE SUBSCRIPTION FEE FOR THE SERVICE WILL BE CHARGED TO YOUR PAYMENT METHOD, UNLESS YOU TIMELY CANCEL THE FREE TRIAL.

You can find additional information about the status of your subscription, such as the date the Free Trial ends, on your profile page.

No refunds, adjustments or price protection will be applied to your Subscription Fee in the event of a new/subsequent discount or promotional offering after you register for the Service. New customers may take advantage of any” new customer” promotion only once. Requirements for a special promotion will be stated at the time each

offer is presented. As a condition of these Terms, you agree not to register multiple times for the same promotional offer using multiple names, addresses, email addresses or other means. Any such action shall constitute a violation of these Terms and may result in the termination of your account.

14. General Information

14.1       International Use.

This Is Fashion is Incorporated as a Limited Liability in the Netherlands. This Is Fashion’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where This Is Fashion does not have rights or does not offer services is prohibited.

14.2       Export Controls.

Software and the transmission of applicable technical data, if any, in connection with the Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside.

14.3       Choice of Law and Forum.

These Terms are governed by, and construed in accordance with Dutch law without giving effect to principles of conflicts of law. You and This Is Fashion agree to submit to the exclusive jurisdiction of the courts located in Amsterdam, The Netherlands.

No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at legal@thisisfashion.tv (subject line:” TOS VIOLATION”). Precisely how This Is Fashion responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon This Is Fashion’s precise response with respect to one party or one situation as any indication of what This Is Fashion might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, This Is Fashion’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if This Is Fashion acts in a way that appears to you to be inconsistent with these Terms, This Is Fashion’s action shall not be deemed a waiver or constructive amendment of these Terms.

14.4       Integration, Amendment, and Severability.

Please note that these Terms, including This Is Fashion Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany the applicable Service, constitute the entire legal agreement between you and This Is Fashion and govern your use of the Services (including your use of the Content) (but excludes any services, if any, that This Is Fashion may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and This Is Fashion in relation to the Services. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

15. Contact

Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. It is our goal to provide you with a first class User Experience, so if you have any questions or comments about these Terms, please contact us at: legal@thisisfashion.tv

 

Sit back and enjoy our wonderful service