FASHIONALLY - User Agreement

READ THIS USER AGREEMENT BEFORE YOU BEGIN USING FASHIONALLY



The HKTDC specifically disclaims all responsibilities and liabilities for any information contained in or messages posted on the FASHIONALLY.com (the “Website”).

In this User Agreement:
“FASHIONALLY”A platform provided by the HKTDC for fashion designers to share their works online, and for users to obtain the latest news in the fashion business.
“FASHIONALLY Services”Services offered under the Website and by HKTDC related to FASHIONALLY, including the FASHIONALLY.com website, all affiliated domains, and any other features, content, or applications offered from time to time by HKTDC in connection with FASHIONALLY.
“Content”Information, statements, comments, opinion, data, content, analysis, news, reports, programmes, photographs, pictures, graphics, videos, audios, software and other materials and services, communications, transmissions and other items, tangible or intangible available on or through the FASHIONALLY Services.
“Content Policy”The policy stated under clause 5 of this User Agreement.
"Personal Data"Personally identifying information or sensitive data (including but not limited to names, ages, addresses, occupations, contacts, other personal details and credit card information).
"HKTDC", "We", "Our" or "Us"Hong Kong Trade Development Council.
"HKTDC Affiliates", "Our Affiliates"The HKTDC's agents, licensors and Third Party Providers, appointed bloggers, and their respective agents, officers, affiliates and employees, and the HKTDC's overseas offices.
"Terms of Use"The Terms of Use in respect of the Website set forth in the homepage of the Website.
"Third Party Provider"Any provider of information or services on the Website engaged by the HKTDC.
"User Agreement"The User Agreement set forth below as amended by the HKTDC from time to time.
"Users", "You" or "Your"Any person who accesses the Website.
“Members”Users who have the privilege to create a profile and upload content to the Website through registration as members of the Website.
The singular includes the plural and vice versa.
The expressions "including", "for example" and similar expressions are not words of limitation.
References to anything, amount or group of persons are references to the whole and each part of that thing or amount, and all and each person in that group; and references to time are, unless otherwise stated, to Hong Kong time.

HKTDC MAKES FASHIONALLY AVAILABLE TO YOU SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND THE TERMS OF USE.


  1. 1. Access

    1. a.

      The HKTDC may prevent or restrict any user from accessing the Website without need to give any reason.

    2. b.By using the Website, you warrant that:
      1. i.

        all actions needed to authorise your entry into and performance of this User Agreement have been taken; and

      2. ii.

        this User Agreement constitutes your legal, binding and enforceable obligations.

  2. 2. Changes to the Website

    1. a.

      The HKTDC may at any time change or remove the contents or any function, aspect of feature, or change the presentation, of the Website including hours of availability and equipment (hardware and software) needed for access or use.

    2. b.

      The HKTDC may at any time change, add to, delete or modify any provisions in this User Agreement; and

    3. c.

      Any change, removal or addition under Clauses 2(a) or 2(b) above will be effective immediately upon notice thereof being posted on the Website or otherwise given to you. Any use of the Website by you after such notice will constitute your acceptance of such change, removal or addition.

  3. 3. Your Information

    1. a.

      You agree to provide such information as may be reasonably requested by the HKTDC for the purpose of permitting your access and use of the Website.

    2. b.

      HKTDC will take reasonable efforts to prevent against any unauthorised use of the information provided by you, but all your information (including your email address) is sent at your sole risk to HKTDC. For example, unauthorised third parties may be able to access such information during its transmission.

    3. c.

      You agree to notify HKTDC promptly if there is any change in your email address.

    4. d.

      You agree to the use and disclosure of your information in the manner set out in the HKTDC's Privacy Policy Statement (as updated from time to time).

  4. 4. Proper Use

    1. a.

      You may only use the Website for your own personal purpose. Except as aforesaid you may not copy, reproduce, publish, distribute, sell or, in any way directly or indirectly in competition with HKTDC, commercially exploit the Content available on the Website. You must not delete or change any copyright or other proprietary notice on any Content available from or through the Website.

    2. b.

      You may not transfer all or any of your rights or obligations under this User Agreement to any other person.

    3. c.

      Users must carefully evaluate, and bear all risks associated with, the use of any Content from messages posted, including any reliance on the accuracy, completeness, or usefulness of such Content. The views and opinions expressed are those of the users and Third Party Providers and not of the HKTDC or the HKTDC Affiliates and the HKTDC's inclusion of the messages on the Website does not constitute an endorsement of any sort.

    4. d.

      You agree that you are responsible for your own use of the FASHIONALLY Services, for any Content you post, and for any consequences thereof. You agree that you will use the Website in compliance with all applicable laws in Hong Kong and elsewhere, including but not limited to those in relation to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and infringement of copyright, trade mark right, or other intellectual property rights.

    5. e.

      You agree to be bound by the Content Policy. Any Content which violates this User Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person in the sole judgment of HKTDC may be deleted or refused to be accepted, posted, displayed or transmitted without any prior notice or giving any reasons.

    6. f.

      By using the Website, you expressly agree that HKTDC is irrevocably authorised to use, reproduce, publish and distribute such Content on the Website for the purpose of providing the FASHIONALLY Services, and you shall not have any claim against the HKTDC or any of Our Affiliates for any royalty, fee or charge whatsoever in connection with the use, copying, reproduction and publication of such Content.

    7. g.

      The amount of Content which may be available to a user during any period:

      1. i.

        may from time to time be limited or changed by us without notice to that user; and

      2. ii.

        may be different from that available to another user.

  5. 5. Content Policy

    1. You hereby represent, warrant and agree that the Content to be submitted, posted, uploaded or displayed by you on the Website shall:
    2. a.

      not infringe or violate any rights of any third party, including but not limited to intellectual property rights, the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights;

    3. b.

      not be false, misleading or deceptive;

    4. c.

      not contain any material which is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;

    5. d.

      not contain any computer viruses or other destructive devices and codes which will damage, interfere with, intercept or expropriate any software or hardware system, data or personal information;

    6. e.

      not contain any material which is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

    7. f.

      not promote or cause to any violation of any applicable laws and regulations;

    8. g.

      not link directly or indirectly to any other websites containing any content that violates the Content Policy.

  6. 6. Intellectual Property Rights and Copyright Policy

    1. a.

      All intellectual property rights subsisting in respect of the Website belong to HKTDC or have been lawfully licensed to HKTDC for use on the Website. All rights under applicable laws are hereby reserved. Except with the express permission of HKTDC or the owner of the corresponding intellectual property rights as applicable, you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or create derivative works with respect thereto, as the Website is copyrighted under applicable laws.

    2. b.

      HKTDC claims no ownership or control over any Content submitted, posted or displayed by you or any User or Member on the Website or through the FASHIONALLY Services, and is not responsible for any subsequent use of the Content.

    3. c.

      Upon receiving complaint of any infringement of intellectual property rights, or under HKTDC’s own initiative, HKTDC may in its sole discretion delete or remove any Content from the Website without prior notice.

    4. d.

      HKTDC may terminate the registration or membership of any Member who may have infringed any intellectual property rights in its sole discretion.

    5. e.

      If you believe that any Content on the Website has infringed your intellectual property rights, please file a written complaint to us through email at “legal@FASHIONALLY.com” according to our IPR Complaint Procedures and Guidelines, which also apply to the Website and the FASHIONALLY Services. We may contact the complainant for further information and may request hard copies of further materials to be delivered to us for verification.

  7. 7. Fee

    1. The use of the Website is free of charge. HKTDC reserves its rights to charge any fee related to the Website and the FASHIONALLY Services in the future subject to further notice.
  8. 8. Disclaimer & Limitation of Liability

    1. a. HKTDC makes no warranties, express or implied, and assumes no responsibility that:
      1. i.

        the Content is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference, or that any results may be obtained from using the Content;

      2. ii.

        the Content is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;

      3. iii.

        access to the Website will be available or be uninterrupted; or

      4. iv.

        defects in the Website will be corrected.

    2. b.

      The Content may not be regarded as any recommendation or endorsement by the HKTDC for any purpose with respect to any Third Party Provider, any person, product or service.

    3. c.

      Without limiting the foregoing, the Website and the FASHIONALLY Services are provided to you on an "AS IS" AND "AS AVAILABLE" basis. THE WEBSITE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

    4. d.

      In no event will we or our Affiliates be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use of, or inability to use, the Content.

    5. e.

      Any Content that you post on the Website or through any of the FASHIONALLY Services, and any material or information that you transmit to other Users and any of your interactions or businesses engaged with other Users are under your sole responsibility and risk. HKTDC does not endorse and has no control over any Content or any User. HKTDC has no obligation to review any Content prior to posting. No Content on the Website should be taken as representing the opinions or policies of HKTDC.

    6. f.

      The limitation of liability contained in this User Agreement will apply to the fullest extent permitted by applicable laws.

  9. 9. Indemnity

    1. You agree to defend, indemnify and hold us and the HKTDC Affiliates harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of this User Agreement and/or your use of the Website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
  10. 10. Hyperlinks

    1. Any hyperlinks to other websites do not amount to an endorsement by us or our Affiliates of those sites. Neither we nor our Affiliates assume any responsibility for anything once you have exited the Website by whatever means or for what ever reasons. HKTDC and HKTDC Affiliates are not responsible for examining or evaluating and HKTDC do not warrant any content of other sites and HKTDC do not assume any responsibility or liability for the actions, products, and contents of all these and any other third party.
  11. 11. Affiliates

    1. This User Agreement is for the benefit of us and our Affiliates, and each of us and them has the right to enforce this User Agreement and/or Terms of Use in our or (as the case may be) their own name against you.
  12. 12. Notices

    1. We may give notice to you by means of a general notice on or through the FASHIONALLY Services. Any notice sent by a general notice on or through FASHIONALLY Services is deemed to be received by the users or specified recipients on the day sent.
    2. You may give notice to FASHIONALLY.com by electronic mail to support@FASHIONALLY.com or ordinary mail to Hong Kong Trade Development Council, 38/F, Office Tower, Convention Plaza, 1 Harbour Road, Wanchai, Hong Kong, attention: “FASHIONALLY”
  13. 13. Entire Agreement

    1. This User Agreement and the Terms of Use constitute the entire agreement between HKTDC and you with respect to the subject matter hereof, and supersede all other written or oral agreements warranties and/or representations, and any provisions in any documents sent by either party to the other, with respect to such subject matter. In the event of inconsistency between this User Agreement and the Terms of Use, this User Agreement shall prevail.
  14. 14. Partial Invalidity

    1. The illegality, invalidity or unenforceability of any provision of this User Agreement and/or Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision of this User Agreement and/or Terms of Use.
  15. 15. Miscellaneous

    1. No waiver by either party of any breach under this User Agreement and/or Terms of Use will amount to a waiver of any other breach. The headings in this User Agreement and/or Terms of Use are for convenience only and do not affect interpretation.
    2. We reserve the right to make changes to our site, policies, and any terms and conditions in this User Agreement and/or Terms of Use at any time without notice.
  16. 16. Governing Law and Jurisdiction

    1. This User Agreement shall be governed by the law of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.