|General Terms and Conditions|
General Terms and Conditions for use of MyFashionUnited
MyFashionUnited” refers to the services provided subject to these General Terms and Conditions (GTC) and/or MyFashionUnited.
MyFashionUnited operates MyFashionUnited services under various top-level domains (MyFashionUnited.com, MyFashionUnited.de, MyFashionUnited.it, MyFashionUnited.nl; etc.), as well as various sub-domains and aliases of these domains. All Websites on which MyFashionUnited provides MyFashionUnited services are hereinafter referred to as “MyFashionUnited Websites.”
By logging on to MyFashionUnited, the User accepts the following General Terms and Conditions for using MyFashionUnited. The below General Terms and Conditions shall govern the contract relationship between the User and MyFashionUnited.
The defination of a “User” in a computing context, is one who uses the MyFashionUnited Websites. The User must identify themselves for the purposes of security and logging in. In order to identify oneself, a user has an account (a User account), a User name (also your e-mail address which was provided to MyFashionUnited), and also a password.
The User enters into this agreement on the utilization of MyFashionUnited websites and services with MyFashionUnited, Postbus 69011, 1060 CA Amsterdam, the Netherlands. The services provided by MyFashionUnited are intended exclusively for persons of legal age only.
(1) Subject Matter
(1-1) Two options are offered by the MyFashionUnited Websites to registered Users: a) a free private contact forum (membership in the free contact forum is hereinafter referred to as “Free Membership”), and b) a private paid communication forum for arranging business contacts (membership in the private paid communication forum is hereinafter referred to as a “Premium Membership”).
(1-2) Applicable fees for the Premium Membership are set forth for the MyFashionUnited Websites. An invoice will be generated by post mail. The fees listed on the invoice are binding. Payments for the Premium Membership shall be due immediately upon invoicing. Payment can be made using the various debiting procedures available, especially with the accepted credit cards, or the available online payment systems. If MyFashionUnited is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. MyFashionUnited may deliver invoices to the User for Premium Membership by post mail.
(1-3) Prior written consent from MyFashionUnited is required for any use of the services and contents offered on the MyFashionUnited Websites beyond the scope of options provided by MyFashionUnited.
(1-4) MyFashionUnited is entitled to remove any illegal or prohibited data and/or information from MyFashionUnited Websites without prior notice to the User.
MyFashionUnited shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any Dutch laws or these GTC. MyFashionUnited shall nonetheless endeavor to keep MyFashionUnited Websites available without interruption.
(1-5) Events related to maintenance, security or capacity requirements, and/or events beyond MyFashionUnited's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on MyFashionUnited Websites.
The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the MyFashionUnited Websites.
(1-6) MyFashionUnited merely provides the User with a platform on which one can establish contact with other users, and only provides those technical applications that allow users to contact one another. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another.
In regards to content, MyFashionUnited does not take part in any communication between users. If a user enters into agreement with one another over MyFashionUnited Websites, MyFashionUnited shall not be a contracting party to those agreements. MyFashionUnited shall not be held liable if users are unable to contact one another over MyFashionUnited Websites regarding such agreements. Furthermore, MyFashionUnited shall not be liable for breaches of duty in relation to agreements entered into by and between users.
(1-7) Only Group Moderators choose their members. Group Moderators may freely choose whether or not a user may join their group.
MyFashionUnited shall merely acts as intermediary in the case of agreements entered into with partners.
Applying to these partner offers are the General Terms and Conditions and the privacy policies of the respective partner companies that carry out the complete transaction themselves and are a party to an agreement with and serve as the contact for the User.
(2) Registration, and Representations and Warranties upon Registration.
(2-1) Registration is required before a user access to any of the services on the MyFashionUnited Websites.
(2-2) The User shall report any changes in the registration data to MyFashionUnited without undue delay and update self maintained personal information.
The User warrants and represents that all of the data provided by the User for registration is accurate and complete.
(2-3) The User warrants and represents that he or she is of legal age at the time of registration.
(2-4) The User shall choose a password upon registration. MyFashionUnited shall not disclose the password to any third party and MyFashionUnited shall not ask for the User's password at any time. The User is obliged to keep this password secret.
(2-5) By completing the registration process, the User consents to enter the agreement to use the services of the MyFashionUnited Websites. MyFashionUnited accepts this offer by activating the membership for the use of services on MyFashionUnited Web sites. The agreement takes effect with the aforementioned acceptance by MyFashionUnited.
(2-6) MyFashionUnited is not liabile for the actual identity of any User. Each User is solely responsible for checking the actual identity of another User. As it is technically impossible for MyFashionUnited to determine with certainty whether any user registered with MyFashionUnited is in fact the person he or she represents to be.
(3) Right of cancellation for Users
Under Dutch law the User is registered at MyFashionUnited for a purpose to promote either his or her commercial or freelance activity, the following provisions apply to him or her as a consumer:
(3-1) Right of cancellation
(4) The User is prohibited from:
(4-1) Use of any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors, unreasonably annoy (particularly with spam) any other User.
(4-1) Photographic use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), to advertise, promote, offer or distribute any goods or services protected by law.
(4-3) In order to comply with all applicable legislation, and respect all third-party rights. The User shall not use any insulting or defamatory contents, regardless of whether said contents are directed at another user or MyFashionUnited personnel or other companies.
(4-4) Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or communicating in any insinuating or sexual way (suggestive or explicit).
(4-5) Performing, advertising and promoting any fake or replica products or services, and communicating these in any insinuating or sexual way (suggestive or explicit).
(4-6) Employing any mechanisms, software or scripts when using MyFashionUnited Websites. However, the User may use the interfaces or software provided by MyFashionUnited within the scope of the services available on the MyFashionUnited Websites.
Publicly disclosing or distributing the contents of any of the Websites of MyFashionUnited or any other User. Blocking, overwriting, modifying and copying of any contents of the MyFashionUnited Websites, unless said actions are necessary for the proper use of the services on the MyFashionUnited Websites.
Performing any actions which may impair the operability of MyFashionUnited’s infrastructure, particularly actions which may overload said infrastructure.
(5) Changes to the Services on MyFashionUnited Web sites
MyFashionUnited reserves the right to offer services different from those offered at the time of the User's registration at any time and/or to modify the services offered on the MyFashionUnited Websites.
(6) Termination of Membership
(6-1) Good cause is defined as an event which makes it unacceptable for MyFashionUnited to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of MyFashionUnited against the User's. Good cause includes any the following events:
If the User fails to comply with any applicable legal provisions.
If the User causes harm to any other user(s).
If the reputation of the services offered on the MyFashionUnited Websites is substantially impaired by the online-presence of the User.
(6-2) In the event of good cause in accordance with section (6-1) and notwithstanding MyFashionUnited 's right to terminate the contract in accordance with section (6-1), MyFashionUnited is entitled to:
Issue a warning, or block the User's access to the services on the MyFashionUnited Websites and/or delete the contents posted by the User.
(7) Responsibility for the User’s Data, Content or other Information
(7-1) MyFashionUnited does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose. MyFashionUnited does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the MyFashionUnited Websites or on any external websites linked to them.
(8) Customer Service/Support
(9) Data Protection
(10) Right to Contents
MyFashionUnited is entitled to keep said contribution on the forum, and on its Websites and the Websites of its partners, or use it for marketing the forum in any other way. When the User posts his or her contribution to a forum, the User grants MyFashionUnited an unlimited, irrevocable and assignable right of use for the respective contribution, which MyFashionUnited is entitled to utilize for any purpose.
MyFashionUnited has a right of use over any/all contributions to discussion forums it operates. Duplication or the use of these contributions or their contents in other electronic or printed publications is prohibited without the express written consent of MyFashionUnited. Copying, downloading, dissemination, distribution and storing of the contents of MyFashionUnited and/or third parties, with the exception of the cache memory when searching for forum pages, is prohibited without its express consent.
(13) Final Provisions
(13-1) These GTC and amendments are validated in writing. Secondary agreements do not exist.
(13-2) MyFashionUnited reserves the right to amend these GTC at any time, without giving reason.
(13-4) The contractual relationship and these GTC shall be governed by Dutch Law. Place of jurisdiction, Holland, Amsterdam; insofar as legally admissible, shall be the main place of business of MyFashionUnited