Terms of Use

Acceptance of the Terms of Use


Read these Terms of Use carefully before you use the site. By using the Website or social networking sites, you accept and agree to abide by these Terms of Use.

Last modified: November 11, 2014

Welcome to my website, A Preponderance of Fashion (“Website” or “I”). The following terms and conditions (together with any documents referred to in them) (“Terms of Use”) apply to your use of http://www.apreponderanceoffashion.com, including any content, functionality and services offered on or through http://www.apreponderanceoffashion.com (“Website”) and any linked social networking sites such as facebook, twitter, instagram, and pinterest. These terms apply whether you access this website or related social networking platforms as a member or an anonymous user. 

Changes to the Terms of Use


I may revise and update these Terms of Use from time to time in my sole discretion. I will flag changes that affect your rights or privacy by noting such an update at the end of a blog post. You are encouraged to check this page from time to time to take notice of any changes I made, as they are binding on you. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website

To use this Website, you represent and warrant that you are of legal age to form a binding contract with the Website.

I reserve the right to withdraw or amend any service I provide on the Website. Changes will be made in my sole discretion without notice. I will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, I may restrict access to some or all parts of the Website or its related social media sites, to users. 

You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use, and that they comply with them.

Intellectual Property Rights

The entire contents of the Website and the design, selection and arrangement thereof, are owned  or legally used by the Website or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights. 

You are permitted to use the Website for your personal, non-commercial use. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on my site without my prior written consent except to:

  • Link back to my social media, Website or posts
  • Store copies of such materials temporarily in RAM
  • Store files that are automatically cached by your Web browser for display enhancement purposes 

You must not:

  • Delete or alter any copyright, trademark and other proprietary notices appearing on such materials.
  • Modify the paper or digital copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, unless pinning the material on pinterest. Even when you pin material from the Website, I retain my moral rights to the material.

If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site are transferred to you. All rights not expressly granted are reserved by the Website.

Website Trademarks and Copyrights

The Website name, the Website logo and all related names, logos, product and service names, designs and slogans are trademarks of the Website or its affiliates or licensors. The Website’s logo with and/or without the Website name and in any color combination is the original creation of the Website and any further reproduction of it by anyone other than the Website or its affiliates or licensors shall be considered copyright infringement. You must not use such marks without the prior written permission of the Website. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without my prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Website or another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by me, may harm the Website or users of the Website or expose the Website or its users to liability. 

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Otherwise attempt to interfere with the proper working of the Website. 

User Contributions

The Website may contain comment sections, message boards, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit to other users (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

  • All User Contributions must comply with the Content Standards in these Terms.
  • Any User Contribution you post to the site will be considered non-confidential and non-proprietary.
  • You represent and warrant that you own or control all rights in the User Contributions you submit.
  • You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold harmless the Website and its affiliates and licensors for any breach of that representation and warranty.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
  • Any content submitted to the Website are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Website. I am not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

Content Standards

Any and all User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable material.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
  • Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations
  • Promote, advocate, or assist any illegal activity or unlawful act.

Reliance on Information Posted

Information on the Website may become out of date and should never be used in the place of legal advise. The information presented on or through the Website is made available solely for general information and entertainment purposes. I do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. I disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. 

Changes to the Website

I may change the Website at any time with or without notice. I may suspend access to the Website, or close it indefinitely. I may update the Website from time to time, but its content is not necessarily complete or up-to-date and I am under no obligation to update such material.

Information Collected About You 

I do not collect or use personal information about you except as noted in giveaways or as voluntarily submitted by you. This information may be your name, e-mail, and mailing address or other information as needed to send your winning item(s). Information you provide to comment on the Website will be available to viewers of the Website unless such message is removed by you or me. Even upon removal, once something is posted onto the internet it may continue to exist in cached form somewhere. By using the Website, you consent to such collection and use.

Third party advertisers may and analytic tools may collect information from your device for advertisement or analytic purposes. 

Links from the Website

Links to other sites and resources are provided for your convenience only. This includes links from advertisers, including banner advertisements. I have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that I cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

THE WEBSITE AND I WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE WEBSITE NOR ANY PERSON ASSOCIATED WITH THE WEBSITE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE WEBSITE NOR ANYONE ASSOCIATED WITH THE WEBSITE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE WEBSITE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation on Liability

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE WEBSITE, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the WEBSITE, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Website, including, without limitation, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Waiver

No waiver or unenforcement of these Terms of Use by the Website shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Severability

If any term or provision of this Agreement is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement.  The void or unenforceable provision(s) shall be enforced to the fullest extent allowed by law and the validity and force of the remainder of this Agreement shall not be affected.

Disclosure

A Preponderance of Fashion earns compensation from several affiliate advertising programs. This means that if you click and/or make a purchase through certain links on this site or any related social media platforms (including Twitter, Facebook and Pinterest), I may make a commission from that click and/or purchase.

 

Comments and Concerns

Send your feedback, concerns, comments, and other communications relating to the Website to fashionblawger@gmail.com

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