Terms of Service

  1. Introduction
    1. Fashion Advisory Board application is created by Conline Paweł Jobkiewicz with its principal place of business at Pęcicka 7/18, 01-688 Warsaw, Poland.
    2. This is an agreement (this “Agreement”) between you (“you,” “your,” “member” or “user”) and Conline Pawel Jobkiewicz (“we”, “us”, “FAB”) that governs your use of this application (the “app“, “FAB app” or “Application”).” By logging in to FAB, you acknowledge that you have read and understood the Terms and agree to be bound by them. If you do not agree to the Terms, please uninstall this application.
    3. In order to access and use app, you may be required to provide information about yourself (such as your name, e-mail address, this is “Personal Information”). You agree to provide FAB with accurate, correct, and up-to-date information. In our privacy policy, we describe our current practices related to our collection and use of Personal Information. By providing us Personal Information, you agree to our privacy policy. If you do not agree to our privacy policy, do not provide us with Personal Information.
    4. Your use of the app will be subject to the most current version of the Agreement posted on fashionadvisoryboard.com at the time of such use. If you breach any of the Terms, your authorization to use app automatically terminates and you must immediately destroy any materials downloaded or printed from the app, remove the app and cease any further use of FAB’s services.
  2. Services
    1. Our application is a social mobile app that helps you get instant, real time feedback from your friends on how do you look.
    2. You can provide other users with feedback on how do they look by voting with “yes” or “no” button.
    3. You can chat with your friends regarding your or their photos of  fashion sets.
  3. Registration
    1. In order to access the app you need to:
      1. Download the FAB application through the google play store or iTunes store
      2. Install the FAB app and register an account via facebook or instagram.
    2. You agree to provide accurate Personal Information and to maintain and update your account to keep it true, accurate, current and complete.
    3. If you provide us with inaccurate or misleading Personal Information, we may immediately terminate your account and refuse you access to the application.
    4. You may receive a password and account identification. You must keep confidential your account identifier and password.
    5. You will notify us if any breach of that confidentiality occurs. We are not liable for any loss or damage arising from any breach of confidentiality of your account identification or your password.
    6. FAB retains the right to refuse access to the application to anyone FAB believes is acting in violation of FAB policy or applicable laws and regulations.
    7. You acknowledge, consent and agree that FAB may access, preserve and disclose your account information and information and material you upload to the application if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
      1. comply with legal process;
      2. enforce these Terms;
      3. respond to claims that any information or material on the Application violates the rights of third parties;
      4. respond to your requests;
      5. protect the rights, property or personal safety of FAB, its users and the public.
    8. We do not knowingly solicit data or information from or about, nor do we market to, children under the age of 13. By accessing and using this Application or submitting content of any kind to this Application, you are confirming and agreeing that you are 13 years of age or older.
  1. Site Content
    1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. FAB is not responsible for any Content that you upload, post, email, transmit or otherwise make available via the app. FAB does not control the Content posted by users in the app and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FAB be liable in any way for any Content provided by users, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Application.
  2. Conduct in our Application
    1. You will not use our Application to:
      1. monitor or copy, using any device including any robot, spider or other automatic device, any material or information on our Application;
      2. interfere with or disrupt the Application or other servers or networks connected to the Application or disobey any requirements, procedures, policies or regulations of the Application or other networks connected to the Application;
      3. reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, our Application;
      4. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
      5. upload an unreasonably large amount of information on the Application;
      6. upload, post, email, transmit or otherwise make available any information or material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
      7. harm anyone in any way;
      8. restrict another person’s use of the Application;
      9. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
      10. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Application;
      11. upload, post, email, transmit or otherwise make available any information or material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      12. upload, post, email, transmit or otherwise make available any information or material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party or FAB;
      13. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” or “spam,” ;
      14. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      15. intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
      16. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
      17. “stalk” or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through q above.
  3. Privacy Policy
    1. Use of the Site is also subject to the Terms and Conditions of our Privacy Policy.
  4. Copywrights
    1. All contents of our Application are: “Copyright 2019 Conline Pawel Jobkiewicz with its principal place of business at Pęcicka 7/18, 01-688, Warsaw, Poland. All rights reserved”
    2. FAB trademarks and service marks and other FAB logos and product service names are trademarks of FAB (“FAB Marks”). You hereby agree, without the prior permission of FAB, not to display, or use in any manner, the FAB Marks. All other logos or brand names shown in connection with the Services are trademarks of their respective owners and/or licensors. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Site, please contact FAB for notice of claims of copyright infringement immediately at contact@fashionadvisoryboard.com.
  5. Trademarks, Service Marks and Trade Names
    1. All trademarks, service marks, and trade names appearing in the Application are the property of FAB or the respective owners of such marks or names, and are protected by US and international laws. You agree not to defame or disparage FAB and its trademarks, service marks, and trade names, or any other aspect of the Application or the Content. Any use of any of the trademarks, service marks, or trade names appearing throughout the Application without the express written consent of FAB or the owner of the mark or name, as applicable, is strictly prohibited. Any rights not expressly granted in these Terms are reserved.
  6. Changes
    1. FAB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), or otherwise disable your access to all or a portion of the Application, with or without notice. You agree that FAB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. FAB reserves the right to modify any part of these Terms at any time. Your continued use of the Application after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms. If, at any time, the Terms are not acceptable to you, you should immediately cease use of the Application. You agree that the above-stated standard for notice of modifications is reasonable.
  7. Limitation of liability
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FAB, ITS SUPPLIERS, OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUE, INTEREST OR BUSINESS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY’S CLAIMS (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THE Application, THE MATERIALS IT PROVIDES, OR ANY OTHER HYPERLINKED Application OR ANY THIRD-PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF FAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESPITE THE CHOICE OF FLORIDA LAW, THE MANDATORY LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  8. Indemnity
    1. You agree to indemnify and hold harmless FAB, its suppliers and licensors, their respective officers, directors, employees, agents, and affiliates, and each of them from any third-party claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorneys’ fees) arising out of or related to your use of the Application or any Content it contains; your failure to comply with these Terms; your infringement, violation, or misappropriation of any third party rights or any applicable law or regulation.
  9. Jurisdiction
    1. The Application is controlled and operated by Conline Pawel Jobkiewicz from its office in Republic of Poland. We make no representation that Content in the Application is appropriate or available for use in other locations. Those who choose to access the Application from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of the Application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
  10. General
    1. Unless otherwise required by local law, these Terms shall be governed by, and construed in accordance with, the laws of the Republic of Poland, without regard to its conflicts of law principles. FAB’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms shall derogate FAB’s right to comply with law enforcement requests or requirements relating to your use of the Application or information provided to or gathered by FAB with respect to such use. We may provide notices to you via postings on the Application, via email or via any other means of communication for which you have provided contact information. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms by FAB shall be deemed a further or continuing waiver of such provision or any other provision, and FAB’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between the parties relating to the subject matter herein, and replace all prior or contemporaneous communications, oral or written.
  11. Inquiries and Notices
    1. FAB may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on the Site. You agree to review the site for modifications to any agreements. All inquiries and notices must be made in writing and mailed to: contact@fashionadvisoryboard.com
  12. Termination
    1. You agree that FAB may, under certain circumstances and without prior notice, immediately terminate your access to the Services. Cause for such termination shall include, but not be limited to:
      1. breaches or violations of the Agreement or other incorporated agreements or the Privacy Policy requests by law enforcement or other government agencies;
      2. discontinuance or material modification to the Services (or any part thereof);
      3. unexpected technical or security issues or problems.
    2. You agree that all terminations for cause shall be made at FAB’s sole discretion and that FAB shall not be liable to you or any third party for any termination or access to the Services.
  13. Dealing With Third Parties
    1. Your correspondence or business dealings with any third parties as a result of your visit and participation in the Services, including, but not limited to, business dealings with Business Professionals or any other terms, conditions, warranties and representations associated with such dealings, are solely between you and such third party. You agree that FAB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Services.
  14. Disputes
    1. This Agreement will be interpreted in accordance with the laws of the Republic of Poland, without regard to the conflicts of laws principles thereof.
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