USER AGREEMENT
This document is a legal agreement ("Agreement") between you, the individual and/or entity using the Modamentore.com website (“you” or “user”) and Moda Mentore Inc. describing the terms and conditions applicable to your use of the Modamentore.com website and the services it provides (individually and collectively, "Moda Mentore Service"). Please examine this Agreement carefully and understand its contents fully before using the Moda Mentore Service. By using the Moda Mentore Service you are agreeing to be legally bound by these terms and conditions. By using the Moda Mentore Service, you are acknowledging that you are at least 18 years old or if you are under 18 years of age you have been granted parental permission or permission by a legal guardian to use the Moda Mentore Service. If you represent a company or other entity, you also are warranting that you are authorized to enter into this Agreement on behalf of that party. This Agreement shall also apply to each party’s successor and assigns.
Restrictions and Conditions of Use:
Users of the Moda Mentore Service shall not upload to, distribute or otherwise publish through the Moda Mentore Service any content that is libelous, defamatory, obscene, pornographic, abusive or violates any laws or standards of public decency in their geographic area, or which contains viruses, "worms," "Trojan horses" or other malicious code or any other harmful properties; or use the Moda Mentore Service for, or to further, any illegal, unethical or immoral purposes. Without the express prior written consent of Moda Mentore Inc, users shall not post advertisements, solicit business or otherwise transmit any material advertising the commercial availability or quality of any property, goods or services on the Moda Mentore Service or otherwise through Modamentore.com, provided that nothing in this sentence shall limit the use of invitations-to-critique or rate and responses thereto, so long as such communications do not contain material advertising the commercial availability or quality of any property, goods or services. Users shall not use the Moda Mentore Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Users shall not 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. Users shall not restrict or inhibit any other user from using and enjoying the Moda Mentore Service, harvest or otherwise collect any information about other users or companies listed on the Moda Mentore Service, create a false identity for the purpose of misleading others or download or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of the Moda Mentore Service or other user or usage information or any portion thereof. Moda Mentore Inc. may, at its sole discretion, immediately terminate any account which it believes is transmitting or is otherwise connected with any spam or other unsolicited bulk messages.
As a user, you are responsible for your own communications and are responsible for the consequences of their postings. You agree not to: post material that is copyrighted, unless you are the sole copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; or post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.
Moda Mentore Inc. does not represent or guarantee the truthfulness, accuracy or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
Moda Mentore Inc. does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications that allegedly do not conform to this Agreement, Moda Mentore Inc. may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communications. Moda Mentore Inc. has no liability or responsibility to users for performance or nonperformance of such activities. Moda Mentore Inc. reserves both the right to expel users and prevent their further access to the Moda Mentore Service for violating this Agreement or any laws and the right to remove any communications or content for any reason.
Links to Other Sites
The Moda Mentore Service may contain links to third party websites. Links are provided solely as a convenience to you the user and not as an endorsement by Moda Mentore Inc. of the content of such websites. Moda Mentore Inc. is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of the materials on such websites. If you decide to access linked third party websites, you do so at your own risk.
Changes to this Agreement
This Agreement may be modified only by Moda Mentore Inc. at any time and such modifications shall be effective within fifteen (15) days of the date such modifications are posted online by Moda Mentore Inc. By accessing and using the Modamentore.com website after the stated effective date of such changes you agree that you will be bound by any modifications or amendments to subsequent versions of this Agreement. You agree to periodically review this Agreement so that you will be aware of any planned changes by Moda Mentore Inc.
Communications
You agree to receive any notices or communications sent from the Moda Mentore Inc. staff or users. Any notice or communication to you may be made by email, fax or postal mail and may be sent to you at your email or postal address or fax number provided on the Moda Mentore Service.
No Violation of Laws
You agree that you will not, in connection with your use of the Moda Mentore Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Moda Mentore Service any material that infringes any copyright, trademark, patent, trade secret or other right of any party, including rights of privacy or publicity.
Misuse of the Moda Mentore Service
You may not connect to or use Moda Mentore Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist or become involved in any type of attack, including without limitation denial of service attacks, upon the Moda Mentore Service or otherwise attempt to disrupt the Moda Mentore Service or any other person’s use of the Moda Mentore Service;(b) attempt to hack or gain unauthorized access to the Moda Mentore Service, accounts registered to other users, or the computer systems or networks connected to the Moda Mentore Service; or (c) attempt to copy, duplicate, reverse engineer or otherwise obtain the technology or misappropriate the intellectual property used to create and operate the Moda Mentore Service.
No Data Mining
You agree that you will not (a) “mine” or “scrape” any data from the Moda Mentore Service; (b) obtain or attempt to obtain any information from the Moda Mentore Service using any method not expressly permitted by the Moda Mentore Inc.;(c) intercept, examine or otherwise observe any proprietary communications protocol used by the Moda Mentore Service, whether through the use of a network analyzer, packet sniffer or other device; or (d) use any third-party software to collect information from or through the computer of any other user of the Moda Mentore Service, including, without limitation information about another user, company or business, or any other Moda Mentore Service data.
Your Use Responsibility
By accessing or using the Moda Mentore Service, you assume any and all responsibilities and risks of use of the Moda Mentore Service and any services or products contained therein. Moda Mentore Inc. does not and will not guarantee, represent or warrant that the Moda Mentore Service will meet your requirements. The information included in the Moda Mentore Service may include technical or other inaccuracies or typographical errors. SFA does not review or substantiate any of the information, products, services or claims made on the Moda Mentore Service.
Content and Errors or Omissions; No Warranties:
The content and information on the Moda Mentore Service is intended for informational purposes only and is provided by other users of Modamentore.com. Although Moda Mentore Inc. exercises reasonable efforts to determine whether such information is accurate, the information provided may contain errors, may not be complete, current or applicable to your particular situation. Modamentore.com is provided on an "as is" basis, without warranties of any kind, express or implied, and Moda Mentore Inc. assumes no responsibility for errors or omissions in the Moda Mentore Service or any other website that may be referenced or linked to Moda Mentore Service Modamentore.com. Moda Mentore Service Although SFA uses certain security measures (as described in the Modamentore.com Privacy and Security Statement), Moda Mentore Inc. shall not be liable for any breach of security or privacy with respect to the Moda Mentore Service, including any breach caused by any third party or that results in an unauthorized person or entity learning the contents of any message or provided information that is intended to be private.
Indemnification
You agree to defend, indemnify and hold Moda Mentore Inc. and its affiliates (and their respective directors, officers, members, employees, agents, representatives and attorneys) harmless from and against any and all claims, damages, costs and expenses (including attorneys fees) arising from your use of the Moda Mentore Service, including any errors, inaccuracies, misrepresentations or defects in any materials or information submitted by you.
Intellectual Property
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, software, video, audio, writings and other materials that are part of the Moda Mentore Service (collectively, the "Content") are protected by copyrights, trademarks, trade dress and/or other intellectual properties owned by or licensed to Moda Mentore Inc. The Moda Mentore Service as a whole is protected by copyright, trade dress and all worldwide rights, titles and interests in and to the Moda Mentore Service and the Contents are owned by Moda Mentore Inc.
Trademarks
The Moda Mentore Service contains Moda Mentore Inc. and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in the Moda Mentore Service including copyright, trademarks, trade secret and patent rights are reserved. Access to the Moda Mentore Service does not constitute a right to copy or use any of the intellectual property of Moda Mentore Inc. or any other person, except as specifically provided herein. User agrees that it will take no action to register or otherwise interfere with or challenge such intellectual property rights.
Copies
Moda Mentore Inc. hereby authorizes you to make copies of the Content (except for confidential or private information to which access is restricted) solely for your internal personal use; provided, however, that you shall not have the right to display, transmit or distribute any copies of the Content to any third parties (including permitting third parties to download, upload, copy or view the Content). Without limitation of the foregoing, you shall not directly or indirectly, (1) sell all or any portion of the Content to any third party or (2) use or exploit the Content in any way in connection with any website other than the Moda Mentore Service. No right, title or interest in any downloaded materials or software is transferred to you as a result of any copying of the Content for your internal personal use. You agree that you shall not alter or remove any copyright notice or proprietary legend contained in the Content. You agree that any copy made shall include Moda Mentore’s copyright notice or any other notice included therein. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display, alter or modify, create derivative works from, compile facts or information from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Moda Mentore Service or any related software. You agree not to derive or attempt to derive the source code, source files or structure of all or any portion of the Content or Modamentore.com or any of its underlying technology by reverse engineering, disassembly, decompiling or otherwise.
Information You Provide
You may provide information such as, but not limited to, name, home address, email address, phone number, and birthdate to be added to the Moda Mentore database in connection with your use of the Moda Mentore Service. You certify that this information is accurate.
Moda Mentore Inc. requires that the information you provide be true, accurate and up-to-date at all times and you represent and warrant that this is and shall be the case. Moda Mentore Inc. reserves the right to terminate your registration and access to Modamentore.com if any information provided does not meet these requirements at any time.
Membership
Moda Mentore Inc. may designate certain persons and organizations as “Members.” Such designation does not confer any ownership interest in, or right to control, Moda Mentore Inc, but instead means that the designated person or organization has access to Member Services provided by the Moda Mentore Service as described in this User Agreement.
Eligibility
Membership is open to legitimate and qualified individuals. Notwithstanding anything to the contrary in this document, Moda Mentore Inc. may at its sole discretion refuse to accept an application for Membership and/or limit a Member’s use of the services provided by the Moda Mentore Service at any time.
Member Services
Certain services provided by Moda Mentore (“Member Services”) are available only to Members. Member Services currently include, but are not limited to, access to the Moda Mentore Service and the ability to send and respond to messages through the Moda Mentore Service. Moda Mentore Inc. may establish limits concerning use of any Member Services offered on the Moda Mentore Service including, but not limited to, the maximum number of days that messages and/or documents may be stored, the maximum number of messages and/or documents that may be sent from or received by an account on any Member Services, the maximum size of messages and/or documents that may be sent from or received by an account on any Member Services, the maximum disk space that will be allotted on Moda Mentore Service’s servers on your behalf and the maximum number of times and duration you may access any Member Services in a given period of time. You agree that Moda Mentore Inc. has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Member Services. You acknowledge that Moda Mentore Inc. reserves the right to disable accounts that are inactive for an extended period of time. Moda Mentore Inc. reserves the right to modify the Member Services at any time.
Fashion 911 Service
Fashion 911 is an optional additional monthly subscription service (“911 Service”), automatically renewed monthly, for members who choose to purchase fashion consulting services from Moda Mentore Inc. It is available seven days a week, excluding major holidays, 7am-9pm central standard time. As a Fashion 911 subscriber you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to your credit card) until you cancel the optional subscription and/or terminate your Moda Mentore Membership. The monthly 911 Service Fee is non-refundable and added to your monthly membership fee and must be pre-paid in full during the Member’s first login to the Moda Mentore Service; subsequent payments of the 911 Service fee are automatically renewed on a monthly basis on the anniversary date of the first login using the customers preferred credit card or bank account. Any processing issues or subsequent failure to pay the 911 Service Fee is grounds for revocation of Membership. Moda Mentore Inc. reserves the right to change the amount of the 911 Service fee and/or the payment schedule at any time. You acknowledge that Moda Mentore Inc. is not required to provide a refund for any reason and that you will not receive money back for prepaid time when the account is closed, whether such closure was voluntary or involuntary.
Other Terms
You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your use of the Moda Mentore Service.
You agree that Moda Mentore Inc, at its sole discretion, may terminate your use of the Moda Mentore Service immediately and without notice at any time for any reason or no reason, including if Moda Mentore Inc. believes that you have acted inconsistently with the spirit or letter of this Agreement.
This Agreement and the relationship between you and Moda Mentore Inc. shall be governed by, and will be construed under, the Laws of the United States of America and the laws of the State of Illinois without the application of any conflict of law rule which would result in the application of the law of any other jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Cook County, Illinois for any disputes arising out of or related to the Moda Mentore Service. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement. For our customers who access Moda Mentore Inc. from outside the United States of America other laws may apply to you and in such event shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.
The failure of Moda Mentore Inc. to exercise or enforce any right or provision under this Agreement will not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the these terms and conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Moda Mentore Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
For security purposes, Moda Mentore Inc. does not and will never send automated emails with any file attachments. Additionally, the users of the Moda Mentore Service cannot send any emails with any file attachments from the Moda Mentore Service servers. Moda Mentore Inc. recommends that users take action to protect their computer by making sure they have anti-virus software installed and updated on their system.
Neither party shall be responsible for its failure to abide by this Agreement or, in the case of Moda Mentore Inc, its failure to adhere to its Privacy Policy, due to events or causes reasonably beyond its control, such as power failure, fire, explosion, Internet failure, cyberattack, natural disaster, war, riot, insurrection, epidemic, stirkes or other organized labor action, terrorism, or similar event.
Notification to Moda Mentore Inc. of Copyright Infringement:
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please notify Moda Mentore Inc's agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at
Copyright Agent:
Moda Mentore Inc.
5045 Birchwood Ave, Skokie, IL 60077
Email: info@modamentore.com
Please provide our Agent with written notice that includes substantially the following, pursuant to Sec. 512(c)(3) of the U.S. Copyright Act:
Moda Mentore Inc. will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Please also note that, pursuant to Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Disclaimer:
The Moda Mentore Service, is managed by Moda Mentore Inc. and is provided as a service to its customers and the general public.
Users of the Moda Mentore Service are responsible for verifying the accuracy, completeness, currency and/or suitability of all information provided by the Moda Mentore Service as it applies to them. Moda Mentore Inc. makes no representations, guarantees or warranties as to the accuracy, completeness, currency or suitability of the information provided via the Moda Mentore Service, nor with respect to the availability of the Moda Mentore Service or any other matter. Moda Mentore Inc. specifically disclaims any and all liability for any claims or damages that may result from providing the Moda Mentore Service or the information it contains, including any websites maintained by third parties and linked to Modamentore.com.
The responsibility for content rests with the users who are providing the information. The inclusion of links from the Moda Mentore Service does not imply endorsement by Moda Mentore Inc. Specific questions regarding a document or link should be directed to the appropriate organization and not to Moda Mentore Inc. Moda Mentore Inc. makes no effort to independently verify and does not exert editorial control over information on pages outside of the "www.modamentore.com" domain.
Moda Mentore Inc. does not and will not guarantee, represent or warrant that defects in the Moda Mentore Service will be corrected or any content contained or posted on Modamentore.com will be corrected.
You agree that Moda Mentore Inc. will not be liable for any direct, incidental, special, consequential or exemplary damages resulting from the use of or the inability to use the Moda Mentore Service, or from unauthorized access to or alteration, theft, loss or destruction of your network, systems, applications, data, programs, procedures, information or computer equipment, including through accident or fraud (collectively, “Use”). Moda Mentore Inc. shall not be liable for any Use (and you hereby irrevocably waive any and all claims regarding any Use, whether such claims are based in warranty, contract, tort, strict liability or otherwise).
