1. These terms and conditions (“Terms & Conditions”) are an agreement between you and FTV LTD., a company duly registered under British Virgin Islands law, registration no. 226962 and having its registered offices at Akara bd,24 De Castro Str.Wickhams Cay 1,Road Town, Tortola, British Virgin Islands (“FTV”), regarding your use of Fashion TV including applications, websites, Smart TV app and any other associated software (“Fashion TV”).
I would add something about the fact that the user realizes that the content he will be exposed to may include commercial and advertisement content. As well, as he should allow us to show him advertisement matched to his profile. Usually said in a nice way, like – “in order to bring you the most relevant information, we will be using the data acquired from you into your profile, to decide which content you will be exposed to.
3. You hereby represent that you have the right, authority and capacity to enter into and be bound by these Terms & Conditions and that by using the Service you will not be violating any law or regulation of the country in which you are resident.
4. You should take the time to read these Terms & Conditions thoroughly and in full as they apply each and every time you use Fashion TV.
5. The Terms apply whenever you visit Fashion TV whether or not you have chosen to register with us, so please read them carefully.
6. By registering, accessing or downloading the Fashion TV service and clicking the “Accept” button below, you hereby agree to be bound by these Terms & Conditions.
7. if you do not accept and agree to these terms & conditions then you must not access or use Fashion TV.
8. You hereby acknowledge that by using Fashion TV you have read and understood these Terms & Conditions.
9. You hereby acknowledge that fashointv may change these Terms & Conditions, from time to time, for any reason and at its sole discretion, without notice (“Updated Terms & Conditions”). Such Updated Terms & Conditions shall enter into effect by their posting on the Service.
10. You agree that Fashion TV may notify you of the Updated Terms & Conditions by posting them on the Service and/or by email, and that your use of the Service after the effective date of the Updated Terms & Conditions (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms & Conditions. If you do not accept changes that were made to these Terms & Conditions, you should stop using Fashion TV immediately. Your continued use of Fashion TV following any change constitutes your acceptance of the Updated Terms & Conditions and you will be legally bound by them.
11. Your use of the Fashion TV must comply with these Terms & Conditions.
12. WARNING: Even if you are old enough to use the Service, some of the content available within the Service may not be appropriate for you or people related to you. Some content may contain nudity, profanity, and mature subject matter, with or without marking.
13. Fashion TV is a video application that allows users to easily search for fashion videos, follow specific brands, models and styles for updates and news, and create playlists of their favourite videos. The videos that can be viewed through Fashion TV, include, Fashion TV programs as well as videos embedded from publicly available websites (“Service”). The Service enables you to view fashion videos easily and comfortably by pre-selecting publicly available material, categorizing it and combining it with editorial info.
14. Part of the Service is provided free-of-charge. Fashion TV reserves the right to change/add a subscription based service/have certain parts of the Service require payment in order to access.
15. Fashion TV may at any time modify or discontinue, temporarily or permanently the Service, or any part of thereof, for any reason and at its sole discretion, without notice, and will not be held liable for any loss or damage that may be caused as a result of or in connection thereto.
16. Non-registered users are able to access only that portion of Fashion TV that is publicly available. They will not have a User Account or the ability to upload any Content. The extent of registered users’ access to Fashion TV will depend on certain criteria relating to their Profile being met. We may change or update the criteria from time to time without prior notice and at our discretion.
17. Fashion TV reserves the right to refuse, at its own discretion and without having to provide explanation of any kind, access to the Service for anyone for any reason at any time.
18. Fashion TV offers you the opportunity to pay for certain services offered through the Service. Fashion TV’s premium services may include exclusive content or first viewing rights. All of these premium services can be purchased after you register, and you may subscribe to the premium services for various lengths of time. Once you have paid for any premium services, payments are non-refundable
19. Once you have requested a Fashion TV premium service, you authorize Fashion TV to charge your chosen payment method. If you want to cancel or change your payment method at any time, you can do so either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen payment method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to Fashion TV are made as well as how such payments may be changed or cancelled. Your subscription to Fashion TV’s premium services will automatically renew until you decide to cancel, and if you have enabled the auto top-up feature, your account will automatically be topped up until you decide to disable this feature.
20. If you elect to partake in any of Fashion TV premium features or range of services designed to improve your Fashion TV user experience, you agree to use these services for yourself and not to transfer, for free or as a sale, or purchase, or sell such services from other Fashion TV users. Fashion TV reserves the right not to honor any paid for services where you have attempted to transfer those services to another use or you have attempted to buy those services from another user. Fashion TV will only provide paid for services to you if you are the person to whom it was issued.
21. Fashion TV reserves the right to expire any unused credits after 6 months. If you delete your User Account or if your User Account is terminated by us due to a breach of these Terms & Conditions, you will lose any accumulated credits. If you receive free or promotional credits, we may expire them at any time. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing.
22. You hereby represent that you are at least 18 years old. You may only use Fashion TV if you are 18 years old or older (or the age of majority in the country in which you reside if that happens to be greater than 18).
23. You hereby represent that all information you provide upon registration to the Service and creating a user account (“User Account”) and at all other times, is and will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
24. You may not create a User Account for anyone other than yourself.
25. You may not create User Accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper.
26. Fashion TV reserves the right to force forfeiture of any username for any reason.
27. You are solely responsible for any activity that occurs through your account, including but not limited to, your interaction with other users of the Service whether online or offline. Fashion TV will not be held liable for any claims that may arise as a result of such activity or interaction. You hereby acknowledge that Fashion TV is not responsible or liable for the conduct of any user. Fashion TV reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
28. You are solely responsible for making all the necessary arrangements to ensure you can access Fashion TV including, but not limited to, Internet provider and mobile internet provider fees and, any other charges associated with such access.
29. You agree to defend, indemnify and hold Fashion TV harmless from any and against any claims, liabilities, damages, losses and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following: (i) your use of the Service; (ii) your breach or alleged breach of the Terms & Conditions; (iii) your violation of any third party right, including without limiting to and intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Fashion TV in the defense of any claim. Fashion TV reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Fashion TV.
30. You are responsible for keeping your password secret and secure. You must not share your login details with anyone. Only you are authorized to access your account with Fashion TV.
31. You must notify Fashion TV immediately of any breach of security or unauthorized use of your Account that you become aware of. If you suspect someone gained access to your User Account, you must immediately change your login details.
32. You agree not to collect or harvest any personal data of any user of the Service.
33. You agree that you will not solicit, collect, or use login credentials of other users of the Service.
34. You may not interfere with or disrupt the Service, the security of the Service, servers or networks connected to the Service by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Fashion TV page is rendered or displayed in a user’s browser or device.
35. You may not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Fashion TV. You may not reverse engineer any part of the Service, except to the extent that such restriction is expressly prohibited by law.
36. You must comply with Fashion TV Community Guidelines.
37. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive content via the Service.
38. You may not post private or confidential information including, without limiting to your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
39. You may not defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people or entities.
40. You may not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms & Conditions.
41. You agree you will not sell, transfer, license or otherwise assign your account, user name or any account rights.
42. You agree not to use the Service for any illegal, unauthorized, unlawful of otherwise prohibited purpose by these Terms & Conditions.
43. The Service may be used for personnel use only; any commercial use of the Service is strictly prohibited. In particular, you agree not to access the Content for any reason other than your personal, non-commercial use solely as intended through and permitted in these Terms & Conditions and by the normal functionality of the Service, and solely for streaming.
44. You agree to comply with all local laws, rules and regulations applicable to your use of the Service, including but not limited to copyright laws.
45. Certain features of the Service allow you to share content with others. You may only share content as permitted in these Terms & Conditions and by the normal functionality of the Service.
• 46. When you upload User Content to Fashion TV it can be accessed and viewed by the general public. If you still do not want such User Content to be viewed by others, then you should not upload it to Fashion TV. Fashion TV reserves the right (without obligation) at its sole discretion and without giving you notice, to remove or edit, limit or block access to any User Content that you upload or submit to Fashion TV without any incurring liability to you. We have no obligation to display any User Content that you submit to Fashion TV, nor to check the accuracy or truthfulness of any User Content submitted to Fashion TV, nor to monitor your use or the use of other users of the Service.
47. You hereby acknowledge that the Service contains Fashion TV owned content (“Fashion TV Content”) and that all rights to the Fashion TV Content are solely owned by Fashion TV. You hereby acknowledge that the Service merely provides access to Fashion TV Content, by means of streaming from Fashion TV’s servers, and in no way, shape or form gives you any rights to the Fashion TV Content whatsoever, including but not limited to, licenses, sub-licenses or the like.
48. You hereby acknowledge that in addition to the Fashion TV Content the Service provides access to third party owned content and therefore may be subject to third party rights (“Third Party Content”). It is hereby clarified that all Third Part Content is publicly available on different web sources and Fashion TV assumes no right whatsoever in Third Party Content, including but not limited to, Intellectual Property Rights such as copyrights in the Third Party Content itself, trademarks that may appear in connection thereto, etc.
49. You hereby acknowledge that while the Service allows you to view Third Party Content easily and comfortably by pre-selecting publicly available material, categorizing it and combining it with editorial info, Fashion TV merely provides you access to Third Party Content, by means of streaming from publicly available websites owned and controlled by third parties, and in no way, shape or form gives you any rights to the Content whatsoever, including but not limited to, licenses, sub-licenses or the like.
50. You hereby acknowledge that Fashion TV has no control over, and assumes no responsibility for any Content. In particular, Fashion TV does not endorse any advertising, products or other materials on or made available in connection with Content. Fashion TV is not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or made available in connection with Content.
51. You hereby acknowledge and agree that Fashion TV is not responsible for the availability of any Content and that Fashion TV is not liable for any loss or damage which may be incurred by you as a result of the unavailability of Content. In particular, Fashion TV has no control over and assumes no responsibility for Third Party content’s availability based on age, IP address or geo-location.
52. You may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any of the Content, in whole or in part, unless Fashion TV makes available the means for such distribution through functionality offered by the Service, provided that you ensure that such distribution is compliant with these Terms & Conditions, all applicable laws and the terms governing any website to which the Content is distributed.
53. You hereby acknowledge that the Service may contain links to third party websites (“Third Party Websites”) that are not owned or controlled by Fashion TV. Fashion TV has no control over and assumes no responsibility for the Third Party Websites’ privacy policies or practices. In addition, Fashion TV will not and cannot censor or edit the content of any third party website. By using the Service, you expressly relieve Fashion TV from any and all liability arising from your use of third party websites.
54. You hereby acknowledge that the Service may promote and expose ability to access commercial links to official brand websites or direct sales links or any other associated links which it will find relevant.
55. Any access to third party sites, or installing third party application, software or the like, is at your own risk and for which you are solely responsible. You should be aware that third party sites, applications, software or the like are not governed by these Terms & Conditions and you should review the applicable terms and policies prior to the aforementioned use.
56. You acknowledge that all intellectual property rights in the Fashion TV, including but not limited to, the technology, trademarks, logos, text, interface design, graphics and the like, is owned solely by Fashion TV (“Fashion TV’s Intellectual Property”).
57. You may not make any use of Fashion TV’s Intellectual Property without prior and express written consent. In particular, you may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any of Fashion TV’s Intellectual Property, in any medium, without Fashion TV’s prior written consent.
58. The Service is provided “as is” and on an “as available” basis. You hereby agree and acknowledge that Fashion TV does not make any representations or warranties, expressed or implied, as to (i) the Service; (ii) the Content; (iii) and the security of the Service. In particular, Fashion TV does not make any representations or warranties, expressed or implied, as to the quality, accuracy, functionality, availability or performance of the Service.
59. You hereby acknowledge that the use of the Service is at your own risk. Accordingly, Fashion TV will not be held liable for any loss or damage of any kind that, including damage caused to third parties, occurs directly or indirectly from (i) the Service; (ii) your use of the Service; (iii) the Content; (iv) and error or omission of the Service.
60. Fashion TV does not make any representations or warranties, expressed or implied, that the service will be uninterrupted, timely or free from error, and will always function without delays, disruptions, or imperfections or that any content or information you obtain on or through the Service will be timely or accurate. You hereby acknowledge that defects may not be corrected or that Fashion TV or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. Fashion TV not be held liable for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
61. Fashion TV does not warrant that the Fashion TV App is compatible with all devices. Accordingly, Fashion TV will not be held liable for any loss or damage, including but not limited to damage to the User’s device, any personnel data stored on the User’s device or other equipment or technology. Fashion TV shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Fashion TV through mobile services or any similar service currently known or developed in the future.
62. In no event shall Fashion TV, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from our services; (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
63. You specifically acknowledge that Fashion TV shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
64. Some of the Service is supported by advertising revenue and may display advertisements and promotions. You acknowledge that Fashion TV may not identify paid service, sponsored content or commercial communications as such.
65. Both you and Fashion TV may terminate the service at any time, for any reason, and without prior notice.
66. Without derogating from the generality of the above, if you violate these Terms & Conditions, Fashion TV can stop providing all or part of the Service to you and disable your User Account, in its sole discretion to: (i) suspend or revoke you registration (where applicable) and your right to access and/or use Fashion TV; and (ii) make use of any operational, technological, legal or other means available to enforce these Terms & Conditions, including without limitation to, blocking specific IP addresses.
67. If you are not satisfied with the service, for any reason, you may close your Fashion TV Account and terminate the service. Such termination shall be your sole and exclusive remedy.
69. You agree that Fashion TV may provide you with notices, including those regarding changes to these Terms & Conditions by email, mail or postings on the Service.
70. By accessing Fashion TV or agreeing to receive messages or notifications from Fashion TV through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. Fashion TV shall not under any circumstances be liable for such charges.
71. If you wish to communicate with Fashion TV you may do so by sending an email to email@example.com.
72. Reporting Copyright and Other IP Violations. Fashion TV provides you with tools to help you protect intellectual property rights. To learn more about how to report claims of intellectual property infringement, fill out the form available on:
73. Reporting abuse or complain about content. Fashion TV provide you with tools to help you report any abuse or complain about Content on Fashion TV by contacting us via Feedback page, outlining the abuse and or complaint.
74. Any and all disputes arising out of or in relation to this Agreement between the Parties hereto or arising out of or relating to or in connection with this Agreement or the performance or non-performance of the rights and obligations set forth herein or the breach, termination, invalidity or interpretation thereof, shall be referred for arbitration in accordance to the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereof.
75. The place of arbitration shall be Mumbai and the language used in the arbitral proceedings shall be English. Arbitration shall be conducted by a sole arbitrator to be appointed by FTV.
76. Costs of arbitration shall be borne equally by you and FTV. The arbitral award issued by such Arbitrator shall be in writing. The Arbitral Award once awarded shall be treated as final and binding on each party hereto and the same shall be enforceable in any court of competent jurisdiction.
77. Any dispute or claim arising from or connected to these Terms & Conditions or to your use of the Service will be exclusively governed by the laws of the Indian territory, regardless of your country of origin or the location you access or use the Service from.
78. You and Fashion TV hereby agree that all claims arising from or howsoever connected to these Terms & Conditions or to your use of the Service will be resolved exclusively by the competent courts located in Mumbai and such courts shall have exclusive jurisdiction over any and all such disputes. You hereby submit yourself to the jurisdiction of such courts and agree that court documents sent by email to the email address you last provided to Fashion TV shall be deemed received by you twenty-four (24) hours after its sending.
79. It is hereby clarified that the Fashion TV Software is solely owned and operated by FTV. FTV is a stand-alone company, and assumes all legal responsibility for any claims of any kind arising from or in connection to these Terms & Conditions or your use of the Service; thus, any such claim may only be brought before FTV and it alone and not before any other company associated, partnered or recognized with Fashion TV, including but not limited to, any other company which has a similar name in a different country.
80. These Terms & Conditions constitute the entire agreement between you and Fashion TV and govern your use of the Service and supersede any previous agreement between you and Fashion TV in relation to the Service.
81. No failure or delay by Fashion TV in exercising any right, power or privilege under these Terms & Conditions shall operate as a waiver of such right or acceptance of any variation of these Terms & Conditions and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
82. In the event there is a discrepancy between this English language version and any translated copies of these Terms & Conditions, the English version shall prevail.
83. If any provision or provisions of these Terms & Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. And then again, big part of the content is NOT EXCLUSIVE in any way, and can be found on the web on the original embedding resource, as well as on other ones.