LEGAL INFORMATION

by Daniel Chivu

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS PERTAINING TO YOUR USE OF THIS SITE.

TABLE OF CONTENTS

  1. Terms and Conditions Overview; Consent. 3

  2. Ownership; Reservation of Rights; Grant of Rights. 3

  3. Code of Conduct. 5

  4. Monitoring; Revocation or Suspension of Use Privileges.. 6

  5. Reports and Complaints. 6

  6. User Conduct; User Disputes. 6

  7. Warranty Disclaimer. 7

  8. Limitation of Liability. 7

  9. Indemnity. 8

  10. Contact for Alleged Copyright Infringement. 8

  11. Modifications to these Terms.. 8

  12. Assignment. 8

  13. General; Law; Entire Agreement.. 8

  14. Additional Terms.. 10

  15. English Language. 10

  16. Survival. 11

  17. Relationship to Privacy Policy, Customer Service Policy, and Other Contracts. 11

  18. Effective Date.. 11

PRIVACY POLICY.. 12

  1. General Terms.. 12

  2. Navigating this Privacy Policy. 12

  3. Your Consent to this Privacy Policy. 12

  4. The Information We Collect. 12

  5. How We Collect this Information. 13

  6. Contacting “DFR”. 13

  7. How We Use this Information. 15

  8. How We Share this Information. 16

  9. How We Safeguard the Information We Collect. 17

  10. Your Right to Opt-Out; Right of Access; Object to Processing; Deleting Information. 18

  11. Advisory Regarding Participation by Children and Teens 18

  12. Notice of Privacy Rights to California Residents.. 19

  13. Do Not Track Notice. 19

  14. Complaints. 19

  15. Modifications to this Privacy Policy.. 19

  16. Contact Us.. 19

  17. Definitions. 19

  18. Relationship to Terms of Use, Customer Service Policy, and Other Contracts. 20

  19. Effective Date. 20

  

  1. TERMS OF USE

 

  1. Terms and Conditions Overview; Consent.

Daily Front Row, Inc. (““DFR,” “we,” “our,” and/or “us”) operates the website at www.fashionweekdaily.com (the “Website” or “Website”). To assist You in using the Website and associated services (including any third-party services) offered through the Website (the “Services“) and to ensure a clear understanding of the relationship arising from Your use of the Website and participation in the Services, we have created (i) these Terms of Use (the “Terms of Use” or “Terms”), (ii) a Privacy Policy; and (iii) a Customer Service Policy. Our Terms govern Your use of our Website and participation in our Services.  Our Privacy Policy explains how we treat information You provide to us through the Website (inducing but not limited to DFR social media, third-party links, any other communications related to the Services).  Our Customer Service Policy explains our pricing, sales, shipping, delivery, refund, and returns policy. Our Terms, Privacy Policy, and Customer Service Policy apply to any visitor to the Website (collectively, “You,” and/or “Your”), including casual visitors to our Website who do not participate in the Services.

PLEASE READ THE TERMS, PRIVACY POLICY, AND CUSTOMER SERVICE POLICY CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN EACH OF THE AFOREMENTIONED POLICIES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.

  1. Your Agreement. These Terms govern: (i) Your use of the Website, (ii) Your receipt of and participation in the Services, (iii) Your provision of information in connection with using the Website (collectively, the “User Content”); and (iv) Your use of information obtained through the Website and the Services, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by DFR or its licensors and made available to You through the Website (collectively, the “DFR Content”).

  2. Your Consent to our Privacy Policy. As noted above, our Privacy Policy explains how we treat information that You provide to us through the Website. By accessing our Website, You consent to our privacy practices.

  3. Your Consent to our Customer Service Policy. As noted above, our Customer Service Policy explains the pricing, taxation, shipping, refunds, and return policies of the Website. By accessing our Website, You consent to those terms in the Customer Service Policy.

  4. Ownership; Reservation of Rights; Grant of Rights.

    1. Ownership; Reservation of Rights. The DFR Content is the proprietary property of DFR and its licensors, and is protected by U.S. and international copyright and other intellectual property laws, or is used under the principles of fair use. DFR and its licensors retain all rights with respect to the DFR Content except those expressly granted to You in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Website and/or through the Services unless specifically authorized in writing by “DFR”.

    2. Submission of Contributions and Grant of Rights to “DFR”. The Website may invite You to submit Product reviews, chat or participate in blogs, online forums and other interactions with the Website and other users, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to DFR and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions You transmit to Company will be treated as non-confidential and non-proprietary.

      1. When You create or make available a Contribution, You thereby represent and warrant that:

        1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of Your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

        2. You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and users of the Website to use Your Contributions as necessary to exercise the licenses granted by You under this Terms of Use;

        3. You have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;

        4. Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

        5. Your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;

        6. Your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

        7. Your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and

        8. in submitting Your Contribution, You have not used a false e-mail address, pretended to be someone other than Yourself, or otherwise misled Company or third parties as to the origin of any Contribution.

      2. By posting Contributions to any part of the Website, You automatically grant, and You represent and warrant that You have the right to grant, to DFR an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, Your name, image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images You provide. DFR does not assert any ownership over Your Contributions; rather, as between us and You, subject to the rights granted to us in this Terms of Use, You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. DFR has the right, in our sole and absolute discretion, to (i) remove, edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

  • By uploading Your Contributions to the Website, You hereby authorize DFR to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use Your Contributions for their internal or personal purposes and not for distribution, transfer, sale or commercial exploitation of any kind. Notwithstanding the above, Your grant of rights of Your Contributions may be subject to certain regulations depending upon the territory You reside, including those residents in the European Union.  Please review our PRIVACY POLICY related to those rights.

  1. Grant of Rights to You in DFR Content. Subject to Your compliance with these Terms, we grant to You a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Website and DFR Content solely for Your personal purposes, and provided that You shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or DFR Content; (ii) distribute, modify or make derivative works based upon the Website or DFR Content; or (iii) reverse engineer, reverse compile, or access the Website or the DFR Content in order to build a competitive product or service.

  1. Code of Conduct. AS A CONDITION TO YOUR USE OF THE WEBSITE AND THE SERVICES, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code of Conduct, You will not:

    1. Upload, email, or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or is otherwise objectionable.

    2. Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private, or sensitive information about another person, without that person’s consent.

    3. Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.

    4. Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.

    5. Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming applications or routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

    6. Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.

    7. Use the Website in a manner that could disable, overburden, or impair the Website or Services, or interfere with any other party’s use and enjoyment of the Website and Services, such as through sending “spam” email.

    8. Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.

    9. Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to You through the Website.

    10. Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, You will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

  2. Monitoring; Revocation or Suspension of Use Privileges. We reserve the right at any time to (i) monitor Your use of the Website, and (ii) terminate or suspend Your use of some or all Services if You engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms of Use or our PRIVACY POLICY.

    1. Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under our Code of Conduct. We reserve the right to request edits to remove any information or materials, in whole or in part, that we believe, in our discretion, are incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT AT OUR REQUEST, WE MAY TERMINATE YOUR USE OF SOME OR ALL OF THE SERVICES.

    2. Users should also understand that our Code of Conduct is based in many instances on principles of applicable law. Users who violate our Code of Conduct accordingly may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney’s fees. DFR reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our PRIVACY POLICY.

  3. Reports and Complaints. If You believe that a user has acted inappropriately, such as by violating our Code of Conduct, You may report Your concerns by contacting us in accordance with Section 18 (Contact Us).

  4. User Conduct; User Disputes. DFR is not responsible and/or liable for User Content or user conduct. You are solely responsible for Your User Content, conduct, and interaction with other site visitors, both online and offline. We have no obligation to become involved in disputes between site visitors. If You have a dispute with one or more site visitors, You release DFR (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

  5. Warranty Disclaimer.

DFR DOES NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE SECURE, ACCURATE, ERROR-FREE OR UNINTERRUPTED. THE WEBSITE AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. DFR DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, DFR DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.

  1. Limitation of Liability.

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL DFR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OF ANY KIND, UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OR ANY THIRD PARTY’S USE (INCLUDING THAT OF A HIRER OR WEBSITE USER) OF OUR WEBSITE OR SERVICES DIRECTLY THROUGH US OR ONE OF OUR AFFILIATES OR THIRD-PARTY PROVIDERS, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.  WE WILL NOT BE LIABLE FOR LOSSES OF ANY KIND RESULTING FROM YOUR OR ANY THIRD PARTY’S USE OF, OR INABILITY TO USE, OUR WEBSITE OR SERVICES.  WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS, USE, OR DISCLOSURE OF ANY INFORMATION RELATING TO YOU HELD, MAINTAINED, OR UNDER THE CONTROL OF ANY THIRD PARTY, INCLUDING ANY SECURITY BREACH RELATING TO INFORMATION ABOUT YOU EXPERIENCED BY A THIRD PARTY.  OUR MAXIMUM LIABILITY FOR ALL LOSSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE THE TOTAL AMOUNT, IF ANY, OF FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE GIVING RISE TO SUCH LIABILITY OR FIFTY DOLLARS, WHICHEVER IS GREATER.  THESE LIMITATIONS MAY NOT APPLY TO YOU, IN PART OR IN FULL, IF YOU ARE IN A JURISDICTION THAT DOES NOT PERMIT SUCH LIMITATIONS.

NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN TWELVE (12) MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM AROSE.

  1. Indemnity. You agree to defend, indemnify, and hold DFR and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from and against any third-party liability, claims, actions, demands, costs and expenses, including reasonable attorneys’ fees, arising from or related to Your breach of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You shall cooperate with us in asserting any available defense.  You shall not settle any actions or claims on our behalf without our prior written consent.

  2. Contact for Alleged Copyright Infringement. DFR respects the intellectual property rights of others and requires that its users do the same. If You believe that content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a “Work”), please notify us as follows:

Attn: DMCA copyright administrator, 

by email to tangie@dailyfrontrow.com  

Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”), the text of which can be found at the U.S. Copyright Office website: https://www.copyright.gov.Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.  Please note, You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that a product or activity is not infringing the copyrights of others or that the material or activity was removed or disabled by mistake or misidentification. Accordingly, if You are not sure whether certain material infringes the copyrights of others or that the material or activity was removed or disabled by mistake or misidentification, we suggest that You first contact a lawyer.  In accordance with Section 512(i)(1)(a) of the DMCA, DFR will, in appropriate circumstances, disable and or terminate Your account in the event of a material misrepresentation of infringement by You.

  1. Modifications to these Terms. DFR reserves the right to modify and change the Terms and the functionality of the Website and any Services at any time.  Any new Terms will be posted here and have the date of the most recent change.  Your access to or use of the Website and/or Services following any changes to the Terms will constitute Your acceptance of such changes.  Please feel free to print out a copy of these Terms for Your records.

  2. Assignment. These Terms shall not be assignable by You, either in whole or in part. DFR reserves the right to assign its rights and obligations under these Terms.

  3. Agreement To Arbitrate Disputes; No Class Actions; Waiver Of Jury Trial.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and DFR agree to resolve any claims relating to the Website, the Services or these Terms by final and binding arbitration, except to the extent You have in any manner violated or threatened to violate “DFR”’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances DFR may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein. You and DFR may also litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Except as otherwise expressly provided herein, any dispute, controversy, or claim arising out of or relating to the Website, the Services or these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth herein, the rules set forth in this agreement to arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, You or DFR must do the following things:

(1) Write a demand for arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to Your local JAMS office.

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000 You will be obligated to pay $25 and DFR will pay all other administrative costs and fees. In addition, for claims of less than $1,000, DFR will reimburse You for the $25 fee if the arbitrator rules in Your favor. Arbitration under this agreement shall be held in the United States county where You live or work, Delaware, or any other location we mutually agree to, subject to Delaware law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of You and “DFR”, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and “DFR”.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between You and DFR in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND DFR WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. The preceding sentence does not apply to New Jersey residents. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

  1. Opt-Out of Arbitration. You can decline this agreement to arbitrate by emailing support@dailyfrontrow.com and providing the requested information as follows: (1) Your Name; (2) the URL of this agreement to arbitrate; (3) Your Address; (4) Your Phone Number; and (5) a clear statement that You wish to opt out of this agreement to arbitrate. The opt-out notice must be emailed no later than 30 days after the date You first accept this agreement to arbitrate by using the Website.

  2. General; Law. These Terms shall be governed in all respects by the laws of the State of New York without giving effect to its conflicts of law provisions. For any action where the Arbitration Agreement permits the parties to litigate in court, You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Wilmington, Delaware. If any provision of these Terms is held to be invalid or unenforceable by arbitration or a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of these Terms, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. “DFR”’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

  3. Entire Agreement. These Terms set forth the entire understanding and agreement between DFR and You with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

  4. Additional Terms. Certain Services may be subject to additional or different terms and conditions. By way of example, specific Services and/or portions of the Website related to our Privacy Policy and Customer Service Policy are subject to terms and conditions that may differ from these Terms of Use, and You will have the opportunity to decline to participate in such Services or Website if You do not agree with the differing terms and conditions.

  5. English Language. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.

  6. Survival. In addition to any provision that by its nature or intent is intended to survive the termination of these Terms, the following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 2 (Ownership; Reservation of Rights); (ii) Section 7 (Warranty Disclaimer); (iii) Section 8 (Limitation of Liability); (iv) Section 9 (Indemnity); (v) Section 12 (Assignment); (vi) Section 13 (General); and (vii) Section 16 (Survival).

  7. Relationship to Privacy Policy, Customer Service Policy, and Other Contracts. These Terms must be read in conjunction (i) with our Privacy Policy, (ii) our Customer Service Policy; and (iii) with other agreements into which You may enter concerning the Website (if any). The provisions of our Customer Service Policy and Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Customer Service Policy and/or Privacy Policy, the terms of our respective Customer Service Policy and/or Privacy Policy shall control. Similarly, to the extent these Terms conflict with the terms and conditions of any specific agreement You enter with us, the terms and conditions of such specific agreement will control.

  8. Contact Us. If You have any questions about this Terms of Use, our Website, or Services, please contact us at tangie@dailyfrontrow.com  

  9. Effective Date. The effective date of these Terms of Use is September 15, 2019.

 

  1. PRIVACY POLICY

  2. General Terms. This Privacy Policy (the “Privacy Policy”) applies to our website at https://www.fashionweekdaily.com (the “Website” or “Site”) operated by Daily Front Row, Inc. (“DFR,” “we,” “our”, or “us”), as well as to the services available via the Website and otherwise (including online and offline third-party services) and information available on the Website (collectively, the “Services”). This Privacy Policy describes how we collect, use, and disclose information, governs how we treat this information, and lets any visitor to the Website (collectively, “You,” and/or “Your”) know Your associated rights. Please read this Privacy Policy carefully; once You consent to this Privacy Policy and its terms, it creates legal obligations on You and on “DFR”.

Our Website contains links to other websites for Your convenience and reference. We are not responsible for the privacy practices or the content of those sites.

2.     Navigating this Privacy Policy.  To help You navigate our Privacy Policy, we have divided it into numbered sections and provided a set of definitions in Section 16 (Definitions) to allow easy reference to key concepts.

3.     Your Consent to this Privacy Policy.  Our Privacy Policy applies to any visitor to the Website and/or user of the Services (collectively, “You”). We ask You to show Your consent to this Privacy Policy in different ways.

a.     Consent by Site User. We have structured our Website so that, You are able to come to our Website and review selected information about our Services without providing us with any Personally Identifiable Information. By accessing and using our Website or Services as a visitor, You are acknowledging that You have read and understood this Privacy Policy, Terms of Use, and Customer Service Policy, and agree to be legally bound by them.

b.     Consent by User Acting in a Representative Capacity. If You are agreeing to our Privacy Policy on behalf of a company or other legal entity (“Your Organization”), then (i) You represent and warrant that You have authority to act on behalf of, and to bind Your Organization, and (ii) for all purposes in this Privacy Policy, the term “You” means Your Organization on whose behalf You are acting.

c.     Right to Withdraw Consent. You have the right to withdraw Your consent at any time, in accordance with Section 9 (Your Right to Opt-Out; Right of Access; Object to Processing; Deleting Information).

4.     The Information We Collect.  To provide our Services, and to otherwise conduct our business via the Website, we rely on information provided by, and collected from, our users. This information consists of the following:

a.     Personally Identifiable Information. We collect certain information that identifies You as an individual (collectively, “Personally Identifiable Information”). The Personally Identifiable Information we collect may include the following:

  • Your name;

  • Your phone number;

  • Your email address;

  • Your name (and/or company name, as applicable);

  • Your shipping and billing address;

  • Device identifiers, such as cookies and IP addresses;

  • Device information, such as hardware and software settings;

  • IP addresses and log information, such as Your device’s name, the type and version of Your web browser, and referrer addresses that can function to identify a user device; and

  • Tracking information that we, or a third party, may collect.

b.     Anonymous Information. Our Website also collects, processes, and/or uses information that does not identify You or Your devices, including Personally Identifiable Information that has been made anonymous by: (i) removing identifying fields and aggregating the information with other information so that individual subjects of the information cannot be re-identified, or (ii) anonymizing the information with techniques that remove or modify the identifying data so as to prevent re-identification of the anonymized information (collectively, “Anonymous Information”). Information that meets these criteria might include, for example, demographic information, statistical information (e.g., page views and hit counts), and general tracking information.

c.     Treatment of Combined Information. If we combine Non-Personally Identifiable Information or Anonymous Information with Personally Identifiable Information, we treat the resulting combination as Personally Identifiable Information.

5.     How We Collect this Information.  We collect the above information through the following means and technologies:

a.     Contacting “DFR”. You can contact us with questions or comments – for example, You can contact us to learn more about our products and services. In order to communicate with us, You must provide certain Personally Identifiable Information.

b.     Information Provided to Third Parties. As explained further in Section 7.a (Our Service Providers), we may engage third parties to perform certain services for us or on our behalf, including but not limited to verification, payment processing, shipping, customer service, etc.. Any communication by You on our Website may be managed by such third parties, and we may obtain those communications by the applicable service provider Your information that You provide.

c.     Newsletters. We may offer newsletters and other content about “DFR,” our services and products, and other issues that we believe may be of interest to You. We will use Your Personally Identifiable Information to provide You with this content. You can opt-out of receiving this content, by following the instructions set out in Section 9 (Your Right to Opt-Out; Right of Access; Object to Processing; Deleting Information).

d.     Device Identifiers; Logs; IP Addresses. To determine whether Your device is supported by our Website and Services, we may collect certain information about Your device and network, including Your IP address, Your operating system and browser, Your device model, information about Your use of the Website or Services, as well as the presence of any software that our Website or Services may require to operate with Your device, or other third party software or mobile apps on Your device. We automatically receive and record this information in log files, and this is generally Non-Personally Identifiable Information.

e.     Cookies. A cookie is a small amount of data that is sent to Your browser from a website’s computers and stored on Your computer’s hard drive. Cookies can be used to provide You with a tailored user experience and to make it easier for You to use a website upon a future visit. We may include cookies on our Website and use them to recognize You when You return to our Website. You may choose not to accept cookies. Important: Any adjustments You may make to the settings in Your browser software concerning the acceptance or refusal of cookies may modify Your browsing on the Internet and Your terms of access to certain services requiring use of these cookies.  For example, by refusing certain essential cookies, You may no longer be able to place orders on our website.  If You choose to refuse the registration of cookies on Your terminal or if You delete cookies that are already registered, we decline all responsibility for any consequences relating to the degraded performance of our services resulting from the fact we are unable to register or consult the cookies required for their performance and which You have refused or deleted.

f.      Beacons and Tags. The Website may use certain data collection technologies that rely on (i) beacons; (ii) pixel tags and object hyperlinking tags, and (iii) other means to link an object to an Internet address, a remote software application, a remote database, or other remote means of receiving or processing information. We may use these technologies to tell us what parts of our Website have been visited or to measure the effectiveness of searches that users perform on our Website. These technologies also enable us to send email messages in a format users can efficiently read, to learn whether these email messages have been opened, and to help ensure, for example, that our messages are of interest to our users. These technologies provide us with Anonymous Information, Non-Personally Identifiable Information and, in certain instances, Personally Identifiable Information.

g.     Click-Throughs. We may send email messages or display links that use a “click-through URL” linked to our Website or to another resource. When You click one of these URLs, You pass through our web server before arriving at the destination website page or other resource. Click-throughs may use and collect Anonymous Information and Non-Personally Identifiable Information. We may track this click-through data to help determine interest in particular topics and measure the effectiveness of our user communications.

  1. Links to Third-Party Sites. The Website may also contain links or produce search results that reference links to third party websites (collectively “Linked Sites”), such as those to visit our pages on social media websites. DFR has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites’ privacy practices with respect to information that You provide to the Linked Sites. DFR does not endorse the content of any Linked Site, nor does DFR warrant that a Linked Site will be free of computer viruses or other harmful code that can impact Your computer or other web-access device. By using the Website to search for or link to another site, You agree and understand that such use is at Your own risk. For example, if You submit Personally Identifiable Information to a Linked Site, then the Information that You submit shall be governed by the Linked Site’s privacy policy and terms of use, and not by “DFR”’s Privacy Policy, Customer Service Policy, and Terms of Use.

i.      Other Technologies and Data Sources. We may combine Personally Identifiable Information that You provide to us with other data, including demographic information (such as age, job industry, or job title) for purposes of responding to Your inquiries, and for other purposes specified in this Privacy Policy. If information we combine in this manner includes Your Personally Identifiable Information, we will treat the combined information as Your Personally Identifiable Information for all purposes under this Privacy Policy.

6.     How We Use this Information.  We use the information we collect or process, including Anonymous Information, Non-Personally Identifiable Information, and Personally Identifiable Information, as permitted under Applicable Law, including where the use is based on (i) the consent You provide to us at the point of collection; (ii) performance of our agreement to provide You with the Services; (iii) compliance with our legal obligations; and/or (iv) our Legitimate Interests, as well as a third party’s Legitimate Interests. More specifically, we use the information we collect for some or all of the following:

Our Uses of the Information Bases for Our Use
To provide You with the Services You request and, specifically, to allow us to send You email with information · Performance and management of our agreement with You
To conduct fraud monitoring, prevention, and detection activities · Our Legitimate Interests
To respond to Your inquiries · Performance and management of our agreement with You

· Our Legitimate Interests

To consider Your submittals and other expressions of interest in connection with our career opportunities · Our Legitimate Interests
To customize Your visit to and use of the Website and Services · Our Legitimate Interests
To determine which of our products, services, and content (including, if applicable, our newsletter) might interest You and, upon making this determination, to provide You with the associated information · Your consent

· Our Legitimate Interests

To track access to and use of our Website and Services, and conduct data and other analyses, including anonymization and aggregation of Personally Identifiable Information · Our Legitimate Interests
To perform internal administration, auditing, operation, and troubleshooting for our Website and Services · Our Legitimate Interests
To engage in the activities specified in Section (How We Share This Information) · Our Legitimate Interests

· Compliance with our legal obligations

· Performance and management of our agreement with You

To evaluate and improve our Website, Services, and our communications, and to develop and test new services and content · Our Legitimate Interests
To comply with Applicable Law · Compliance with our legal obligations

 

Note that when determining the bases for our use of Your information, we rely on what we consider to be the most appropriate basis, even if there are multiple bases available in connection with our use. The retention of Your data varies based on use.  If You would like to see our full retention policy, please email us at tangie@dailyfrontrow.com   .

 

7.     How We Share this Information.  We value Your privacy, and we share the information we collect only in the manner set out below.

a.     Our Service Providers. We engage third parties to perform functions on our behalf, and these may include functions such as maintaining the Website, collecting information, responding to and sending email or other messages, and other functions useful to our business. In this capacity, we may provide service providers with Personally Identifiable Information, Non-Personally Identifiable Information, and Anonymous Information as applicable. The following are examples:

                                 i.     We may use service providers to provide customer service (where applicable) or marketing support, such as to process and distribute email. These service providers generally require access to Your Personally Identifiable Information in order to perform these services.

                                ii.     We may use analytics service providers to assist us in understanding and using Non-Personally Identifiable Information and other information that we collect via the Site. A service we use in this regard is Google Analytics, and information concerning how Google uses the information is available at https://policies.google.com/privacy/partners, and opt-out options specific to Google Analytics are available at https://tools.google.com/dlpage/gaoptout.

                              iii.     Our Site includes links to third party websites and other API’s offering services that augment those services offered on our Site.

                               iv.     We may use service providers to anonymize and aggregate Personally Identifiable Information in order to generate Anonymous Information.

                                v.     We may engage service providers to analyze the interests and attributes of our users and, using techniques based on Anonymous Information and Non-Personally Identifiable Information, identify others who might share those interests and attributes. We then use this information to reach out to relevant market segments to provide them information concerning the Website or Services.

If You would like to see our full list of our service providers and their respective data and privacy policies, please make a request at tangie@dailyfrontrow.com  .

b.     Questions of Harm; Legal Process. We may disclose Your Personally Identifiable Information and Non-Personally Identifiable Information to third parties, including law enforcement agencies, attorneys, and private investigator organizations, where it is necessary, or where we have a good faith belief that it is necessary:

                                 i.     To comply with legal process;

                                ii.     To protect and defend our rights and property, including the Website and associated content;

                              iii.     To protect against misuse or unauthorized use of our Website or Services;

                               iv.     To protect the personal safety or property of Website users or the public, including Your personal safety or property (it being understood that we assume no duty to provide, or monitor the need for, such protections); and

                                v.     To cooperate with public and government authorities including, where required, authorities outside Your jurisdiction.

While You are not able to opt out of this use of information, we will take reasonable steps to limit such use, and disclose only the information we reasonably believe is necessary for the above purposes. If we receive legal process calling for the disclosure of Your Personally Identifiable Information, we will attempt to notify You within a reasonable amount of time, unless such notification is not permitted.

c.     Transfer of the Website. We shall be entitled to transfer information that we collect (including Personally Identifiable Information) to a third party in connection with a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition (including a disposition in connection with a bankruptcy or similar proceedings) of all or substantially all assets or stock of the business unit or division responsible for the information under this Privacy Policy; provided the acquiring third party has agreed to safeguard Your Personally Identifiable Information with protections that are compatible with those set out in this Privacy Policy.

d.     Our Affiliates. We may choose to rely on and share the information we collect with our affiliates. By “affiliate” we mean an entity that is closely related to us, such as an entity that controls, is controlled by, or is under common control with, “DFR”, our affiliates will be bound by the terms of this Privacy Policy.

8.     How We Safeguard the Information We Collect.  We recognize the sensitivity of our users’ Personally Identifiable Information and we have put in place security systems designed to prevent unauthorized access to or disclosure of this information. Our security systems include physical, technical, and administrative information security controls, and we take commercially reasonable steps to secure and safeguard such Personally Identifiable Information in accordance with Applicable Law.

a.     Our Retention of Data.  DFR retains Personally Identifiable Information for the period of time necessary to fulfill the purposes for which we obtained the Personally Identifiable Information and consistent with Applicable Law. We use the following criteria to set our retention periods: (i) the duration of our relationship with You; (ii) the existence of a legal obligation as to the retention period; and (iii) the advisability of retaining the information in light of our legal position (for example, in light of applicable statutes of limitations, litigation, or regulatory investigations).

b.     Accuracy and Minimization of Data.  DFR takes reasonable steps (i) to maintain the accuracy of the Personally Identifiable Information we process, and (ii) to limit the Personally Identifiable Information that we process to that which is reasonably necessary for the purposes for which we obtained the information.

c.     Accessing and Updating Your Information.  If You would like to review, correct, or update the Personally Identifiable Information that You have provided to us, or if You would like to request an electronic copy of this Personally Identifiable Information for purposes of transmitting it to another company (to the extent Applicable Law provides You with this right to data portability) You may make such requests by us as provided in 15 (Contact Us).

9.     Your Right to Opt-Out; Right of Access; Object to Processing; Deleting Information.

a.     Unsubscribing to Email. If You no longer wish to receive email messages from us, You can opt out of this Service by either (i) following the “unsubscribe” instructions located near the bottom of each email message, or (ii) contacting us as provided in 15 (Contact Us).

b.     Right of Access.  Subject to certain exceptions, you have the right to have access to and/or correct any personal information our organization holds about your personal data.  If you wish to make a Subject Access Request (“SAR”), please complete the following form. [GUIDO TO INSERT SAR LINK]

c.     Deleting Information. If You request, we will take reasonable steps to remove Your name and email address from our databases, within the time frames (if any) set out in Applicable Law. Please understand, however, that if You request the deletion of Your information, You will no longer be able to receive certain Services. In addition, it may be impractical (or essentially impossible) to remove the requested information completely, due to requirements promulgated by Applicable Law, and/or data backups and records of deletions. As such, certain Personally Identifiable Information may remain in our databases following the deletion of Your account; we will continue to treat the remaining information (if any) in accordance with this Privacy Policy and Applicable Law.

d.     Objections. If You object to our processing of Your Personally Identifiable Information, and a request for us to delete this information is not, in Your view, sufficient, please contact us as provided in Section 15 (Contact Us).

e.     Anonymous Information. We will not delete Anonymous Information from our database, and nothing in this Privacy Policy restricts our use of Anonymous Information.

f.      Your “Right to be Forgotten.” If You are protected by the GDPR with respect to our use of Your information, upon proper request, we will take the steps set out in the GDPR to erase Your Personally Identifiable Information, including information that may be publicly available via our Website.

10.  Advisory Regarding Participation by Children and Teens.  Under U.S. Federal Law (as reflected in the Children’s Online Privacy Protection Act), WE DO NOT COLLECT OR STORE ANY PERSONALLY IDENTIFIABLE INFORMATION FROM INDIVIDUALS THAT WE KNOW ARE UNDER THE AGE OF 13. If You wish further information concerning privacy policies in general, and concerning online social networking and safety, You should visit the following website: http://www.ftc.gov/privacy/index.html.

11.  Notice of Privacy Rights to California Residents.  California law requires certain businesses to respond to requests from California users who ask about business practices related to disclosing Personally Identifiable Information to third parties for direct marketing purposes. The California “Shine the Light” law further requires us to allow California residents to opt out of certain disclosures of Personally Identifiable Information to third parties for their direct marketing purposes.  If You are a California resident and would like a copy of such notice, please submit a written request to at tangie@dailyfrontrow.com .

12.  Do Not Track Notice.  Our Website does not change its behavior when receiving “Do Not Track” signals from browser software.

13.  Complaints.

a.     DFR wants Your feedback. If You have any suggestions on how we can improve our Services or complaints You would like us to address, please contact us as set forth in Section 15 (Contact Us). If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Other states may provide similar avenues for lodging complaints. Please check with Your state’s consumer protection authority.

b.     If You are protected by the GDPR with respect to our use of Your information, You may lodge a complaint with a data protection authority for Your country or region. A list of EU data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

14.  Modifications to this Privacy Policy.  DFR reserve the right to modify and change this Privacy Policy at any time for our business purposes and to comply with changes in Applicable Law. The new Privacy Policy will be posted here and have the date of the most recent change. Your access to or use of the Website and/or Services following any changes to the Privacy Policy will constitute Your acceptance of such changes.  Please feel free to print out a copy of the Privacy Policy for Your records.

15.  Contact Us.  If You have any questions about this Privacy Policy, our Website, or Services, please contact us at tangie@dailyfrontrow.com .

16.  Definitions.  Below are definitions applicable throughout this Privacy Policy. Additional terms are defined in context.

“Anonymous Information” has the meaning set out in Section (Anonymous Information). If You are protected by the GDPR with respect to our use of Your information, the term “Anonymous Information” has the same meaning as information generated by a “pseudonymisation” processes, as that term is defined under the GDPR.

“Applicable Law” means statutes, regulations, and any other laws that apply to the Website or the Services. For example, if You are protected by the GDPR with respect to our use of Your information, the term “Applicable Law” includes the GDPR.

“GDPR” means the European Union General Data Protection Regulation.

“Legitimate Interest” means, for purposes of the GDPR, that there is a good reason for processing Your Personally Identifiable Information, and that the processing is carried out in a way that minimizes impacts (if any) on Your privacy rights and interests. The term “Legitimate interest” also refers to our use of information in ways that You would reasonably expect, based on Your relationship to us. For example, there is a Legitimate Interest in collecting and processing Your Personally Identifiable Information: (i) to safeguard our Website, Services, networks, content, and related information and resources; (ii) to administer and generally conduct our business; and (iii) to prevent fraud.

“Non-Personally Identifiable Information” has meaning set out in Section (Non-Personally Identifiable Information).

“Personally Identifiable Information” has meaning as set out in Section (Personally Identifiable Information). If You are protected by the GDPR with respect to our use of Your information, the term “Personally Identifiable Information” has the same meaning as the term “personal data” under the GDPR.

  1. Relationship to Terms of Use, Customer Service Policy, and Other Contracts. These Privacy Policy terms must be read in conjunction (i) with our TERMS OF USE, (ii) our CUSTOMER SERVICE POLICY; and (iii) with other agreements into which You may enter concerning the Website (if any). The provisions of our CUSTOMER SERVICE POLICY and TERMS OF USE are incorporated herein. To the extent these terms conflict with the terms of our CUSTOMER SERVICE POLICY and/or TERMS OF USE, as it relates to “privacy,” the terms of this Privacy Policy shall control. Similarly, to the extent these terms conflict with the terms and conditions of any specific agreement You enter with us, the terms and conditions of such specific agreement will control.

  2. Effective Date. The effective date of this Privacy Policy is September 15, 2019.

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