Terms & Conditions

Last update: July 10, 2014

This Fashionbi Terms and Conditions document (the Agreement) is a legal contract between the subscriber organization or individual (Subscriber) identified in a Fashionbi Subscription Form, and Fashionbi LTD (Fashionbi), that governs your use of Fashionbi's online services (and the applications available thereon) available at http://fashionbi.com (Site).

Your filling out the Subscription Form constitutes an application to subscribe to the Site pursuant to the terms of this Agreement, and by clicking the "I agree" button, accessing or using the Site, you confirm your agreement to be bound hereby.

If you are entering into this Agreement as an organization, you represent and warrant that you have the authority to compel such organization. Any person who has access to the Site by virtue of being designated by the Subscriber as an individual user of the Site (an Authorized User) similarly agrees to be bound hereby.
All references to "us", "our" and "Fashionbi" in this Agreement are intended to refer to Fashionbi (as defined above). All references to "you," "your" and "user" in this Agreement are intended to refer to the Subscriber and all Authorized Users.

1. Use of Site

  1. Fashionbi grants you a non-exclusive, non-transferable, limited right to access the Site, provided that you fully comply with the terms and conditions of this Agreement.
  2. You agree that all you will use data, materials and information that comprise the Site, including visual interfaces, text and written compositions, videos and other audiovisual works, pictorial works such as images, photographs, graphics, pictures, illustrations, and designs, compilations, applications and any other works of authorship (Content) that you access through use of the Site, only in accordance with the terms and conditions of this Agreement.
  3. Certain areas of the Site may only be open to you if you are a full Member or will only be available for a limited period of time. Any time limit applying to your access and use of the Site will be set out in the Membership Plan.
  4. Certain Content that we license from third parties may be subject to additional guidelines or rules that will be clearly posted on the Site. You are also subjected to any such guidelines and rules.
  5. The Content is protected by trademarks, service marks, copyrights, and other intellectual property rights owned by Fashionbi or its Content providers. You agree not to misuse in any way the Content or the Site, including any infringement of trademarks, service marks, copyrights or other intellectual property rights in the Content or the Site.
  6. You agree not to rent, lease, loan, sell, or otherwise provide access to the Site to anyone other than a Member and/or an Authorized Users.

2. Changes to site

As part of its policy of updating and improving the Site, Fashionbi reserves the right, at its discretion, to change any part of the Site and the application, without compromising the access by the user.

3. Database Registration

  1. The Member warrants that the information the Member has given in the Member Plan is accurate and complete.
  2. As part of the registration process, Fashionbi shall allow the Member to select a user name and password. Fashionbi Member registration is for a single user only.
  3. Each additional Authorized Database User appointed by the Member shall be assigned a separate user name and password for accessing the Site.
  4. Fashionbi does not permit any sharing by more than one person of a user name and password or accessing the Site through a single name being made available to multiple database users on a network.
  5. In some limited and defined cases, Fashionbi reserves the right, at its discretion, to pre-assign a user name and password to the Member and to allow the sharing by more than one person of that user name and password.
  6. Fashionbi Membership is on a monthly basis; hence, the payment is recurrent, month-by-month.
  7. You agree to pay the non-refundable subscription fee for Fashionbi services, in advance, when you sign up for the service.
  8. We can't guarantee refunds on any fees or charges related to your Membership registration, including for the partially used periods. Note: All your Membership features expire as soon as your cancellation takes effect at the end of your current billing cycle, so, make sure you use all your Membership features before your account is cancelled.
  9. You are also responsible for all taxes and other government charges or fees, which Fashionbi may add and bill to your account.
  10. If you want to unsubscribe, you have to cancel the subscription directly from your PayPal account. No cancellation fee will be applied.
  11. Fashionbi has a zero-tolerance policy regarding credit card fraud and charge-backs. If you use a credit card to purchase a membership to the Services we offer, and then start a charge-back process regarding such purchase, Fashionbi reserves the right to immediately terminate your account, in which case, the credit card number will no longer be accepted in our systems. Should Fashionbi do this, you won't be able to use that account and credit card for Fashionbi, ever again.

4. Usage of content

If you are a full member, in connection with your use of the Site, and subject to the limitations set forth below, Fashionbi hereby grants you a non-exclusive, non-transferable, limited license to do the following:

  1. The following are strictly forbidden and represent a breach of this Agreement, unless prior written consent is obtained from Fashionbi or the relevant third party Content provider:
    • Incorporation of Content in promotional items (including greeting cards, t-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, and calendars), magazines, newspapers, advertising, editorials, catalogs, flyers, brochures, disposable packaging, book covers, and educational textbooks;
    • Incorporation of Content in any electronic or digital materials including screensavers, electronic greeting cards, websites, broadcast video, and multimedia including film and video.
    • Resale of Content in its original condition or in a digitally manipulated form;
    • Incorporation of names or likenesses of individuals from Content on or in your products;
    • Use of Fashionbi or third party trademarks, trade names or service marks on or in your products;
    • Distribution of Content to parties outside of the Member organization. The sharing of such works for the purposes stated in this paragraph, is at your discretion but in no way absolves you from the full responsibilities for all terms and conditions contained within this Agreement;
    • Use, or permitting the use of, analytic data insights or any information on the Site for generating any statistical information which is sold, rented published, or in any manner provided to a third party.
  2. Any requests to republish or redistribute Content should be addressed to Fashionbi at customercare@fashionbi.com
  3. Fashionbi may provide news e-mail service or other prompts to new Content. Your use of the Content received through the e-mail news service will be subject to the terms and conditions of this Agreement.
  4. Copyrights in any application under the MEMBERSHIP PLAN belong to Fashionbi, exclusively.
  5. Any use of the Site or the Content thereon, other than as specifically permitted above, is prohibited.

5. Technology

You acknowledge that the software, inventions, know-how, databases, data compilations, methods, processes, designs and architecture underlying the Site (Technology) are protected by intellectual property rights. You agree that you will not (and will not allow any third parties to):

  1. Use any device, robot, spider, other automatic software or device, or any manual process, to interfere or attempt to interfere with the proper working of the Site, or to monitor use of the Site, without Fashionbi' written permission;
  2. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
  3. Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms or file formats or programming or interoperability interfaces of the Technology;
  4. Use any network monitoring or discovery software to determine the Site architecture, or extract information about usage, individual identities or users;
  5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including any features designed to prevent, limit, or restrict use or copying of any Content;
  6. Bypass robot exclusion headers or other similar measures Fashionbi may use to prevent or restrict access to, or caching of, the Site.

6. Our content Disclaimers

Fashionbi analysts gather, elaborate and analyze publicly available data from various sources, local as well as international, using the highly advanced in-house tools and techniques. This data is then put to reliability test, throughly reviewed and finally presented at one single place in the most simplified, clear and filtered way possible. However it can happen that some data are uncorrect or not up-to-date because of sources’ errors, in these cases Fashionbi can not be held responsible.

7. Limitations of liability

  1. Fashionbi will not be liable to you in any circumstance for any consequences of any delay or interruption in the delivery or updating of the Site.
  2. NEITHER Fashionbi NOR ANY OF ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE, INABILITY TO USE THE SITE OR ANY CONTENT ON THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION. THIS LIMITATION OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA. YOU SPECIFICALLY ACKNOWLEDGE THAT Fashionbi IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL Fashionbi's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT INCLUDING THE SITE AND THE CONTENT.

8. Modifications to terms and conditions

  1. Fashionbi reserves the right to modify the terms and conditions of this Agreement (including those relating to your use of the Content).
  2. Your continued use of the Site following the effective date of notice of any modification(s) to this Agreement shall be deemed an acceptance of all such modifications.

9. Term of agreement

  1. This Agreement shall begin on the date on which Fashionbi accepts your application to subscribe to the Site and from which date the Member (and Authorized Users) shall have access to the Site. The Agreement shall continue for the period set forth in the Membership Plan and any renewals. Further, if Fashionbi in its sole discretion allows you to continue using the Site following expiration of the Plan subscribed, the terms and conditions of this Agreement shall continue to apply.
  2. Notwithstanding the above, Fashionbi may terminate this Agreement or suspend your Membership at any time in the event that you have materially breached (or Fashionbi reasonably suspects that you have materially breached) any provision of this Agreement.
  3. If Fashionbi ends this Agreement, or suspends your account for any of the reasons above, Fashionbi will not refund any amounts that you have previously paid. Further, you shall remain liable for any amounts owed to Fashionbi pursuant to the then-current Subscription Form.

10. General provisions

  1. Entire Agreement. This Agreement, as modified by Fashionbi pursuant to Section 9, together with the Membership Plan, is composed of the entire agreement between you and Fashionbi.
  2. Governing Law; Disputes. The interpretation and enforcement of this Agreement shall be governed by the Italian Law. You agree that any claim or dispute you may have against Fashionbi must be resolved by a court located in Milan, Italy.
  3. International Use. You agree to comply with all local rules of your country regarding online Conduct and acceptable Content. Please note that information published on this Site may refer to products, programs or services that are not available in your country.
  4. Severability. If any term or provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining terms or provisions shall not be affected.
  5. Assignment. You may not assign, sub-license or otherwise transfer any of your rights or obligations under this Agreement, by operation of law or otherwise.
  6. Interpretation. Sections and sub-section headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose or be given any substantive effect. The words "include" and "including" are illustrative and not limiting.

11. Privacy policy

You should carefully read our Privacy Policy before deciding to become a Member on the website as it is, hereby, incorporated into this Agreement by reference. The Privacy Policy governs our treatment of any information, including personally identifiable information, you submit to us. Please note that certain information, statements, and data through the Service may reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.
Giving the information required in the Membership Plan you express your consent to the data processing, according with our Privacy Policy.

12. Contact information

If you have feedback, comments, or requests for technical support or other communications you should write to Fashionbi customer service through customercare@fashionbi.com