READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Welcome to FashionCareerCenter.com. FashionCareerCenter.com and each sub-domain thereof is provided to you by BeeHive Content Works, LLC. BeeHive Content Works, LLC is sometimes referred to herein as "we", "us", "our" or "Fashion." Fashion together with its parents, subsidiaries and affiliates and their respective stockholders, members, directors, officers, employees, agents, advisors, clients, vendors, partners and licensors are collectively referred to herein as the "Fashion Parties" and individually as a "Fashion Party." You (the user) are referred to herein as "you," or "your."

1. ACCEPTANCE OF TERMS OF USE

By using the FashionCareerCenter.com website (the "Site" ), which includes, without limitation, viewing the Site or posting résumés or job openings the Site, you accept and agree to be bound by terms of use set forth below (the "Terms" ). If you do not agree to these Terms, you are prohibited from using the Site.

Fashion may modify or amend these terms from time to time in our sole discretion (a "Modification" ). In the event of a Modification, Fashion will display a notice on the homepage of the Site for a reasonable amount of time, but we will not send you an individual notice of a Modification. If you do not regularly visit the Site, you may miss the opportunity to view the notice of a Modification. Therefore, you are strongly encouraged to periodically view the Terms which are located at the following hyperlink: http://www.fashioncareercenter.com/termsofuse.html. By continuing to use the Site after any Modification, you accept and agree to the Terms as modified bythe Modification. If you are no longer willing to agree to the Terms or agree to the Terms as modified by any Modification, you may stop using the Site, and will be subject to the Terms from that point forward only so far as they affect your use of the Site prior to such termination. Any reference herein to the Terms refers to the Terms as modified by any Modification.

These Terms are the entire agreement between Fashion and you regarding the use of the Site and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral between us and you, except for any other agreement that that may exist between you and the Fashion Parties. To the extent of any conflict between the Terms and any agreement you may have with the Fashion Parties, such other agreement with the Fashion Parties shall control.

2. ACCEPTABLE USE AND CONDUCT

While using the Site in accordance with the Terms, Fashion hereby grants you a limited, non-exclusive, non-transferable, revocable license to use the Site. The Site is intended for individuals seeking education or employment opportunities and for employers or recruiters seeking candidates for employment. You may only use the Site for lawful purposes within the context of Fashion's intended purpose and acceptable use of the Site. You represent and warrant that you shall comply with all applicable laws rules and regulations with respect to your use of the Site. We reserve the right to terminate your license to use the Site or remove any content you post to the Site at any time, for any (or for no) reason.

Failure to adhere to the following conduct guidelines may result in the immediate termination of your license to use the Site. While using the Site you agree that you shall not:

  1. Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
  2. Use the Site for any unlawful purpose;
  3. Express or imply that any statements you make or post on the Site's job board are endorsed by us, without our prior written consent;
  4. Post or transmit:
    1. any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable,
    2. infringes on or misappropriates our or any third party's intellectual property or other rights, including but not limited to the rights associated with a third party's copyrights, trademarks, patents, trade dress, privacy or publicity;
    3. any material, non-public information about companies or any other entity without the authorization to do so;
    4. any trade secret of any third party;
    5. any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
    6. links to your website or any third party's website unless you are an employer or recruiter and you provide such link solely for the purpose of letting a candidate for employment research the company for which a job posting is made;
    7. any job posting involving any franchise, pyramid scheme, "club membership", multilevel marketing, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only, requires recruitment of other members, sub-distributors or sub-agents;
    8. any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
  5. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
  6. Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
  7. "Frame" or "mirror" any part of the Site without our prior written authorization;
  8. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
  9. Harvest or collect information about Site visitors or registered users;
  10. Impersonate another individual or falsify or mislead any user about your affiliation with any company or entity.

3. REGISTRATION AND PASSWORDS

Although certain areas of the Site do not require you to register with the Site, some areas (including the job board section of the Site) require you to register a username and password to set up an account with us. You represent and warrant that you shall provide and maintain true, accurate, complete and current registration information.

You are fully responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. This means that if you tell another person of your username and password and that person uses your account, you are responsible for their actions on the Site even if you did not know or approve of those actions. Similarly, if you store your password carelessly or choose a weak password when you register for an account and another person discovers your password and uses your account, you are responsible for their actions on the Site even if you did not know or approve of those actions. Please ensure that you (1) store your password carefully, (2) choose a strong password using uppercase and lowercase letters in conjunction with numerals and (3) notify us immediately if you believe your password has been used without your authorization. We are not responsible for any loss or damage from your failure to protect your password.

4. OWNERSHIP

The Site and all right, title and interest in and to the Site is the sole property of Fashion, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms, Fashion reserves for itself and its licensors all other right, title and interest. "Fashion Career Center," the FashionCareerCenter.com design logo and certain other names or logos are service marks or trademarks of Fashion, and all related product and service names, design marks and slogans are the service marks or trademarks of Fashion. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Fashion's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

Each time that you post content to the Site, you grant to us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, fully sub-licensable (through multiple tiers) and assignable, royalty-free license to download, store, reproduce, transmit, publicly display, modify, create derivative works from and otherwise freely use such content on the Site (or any successor site) consistent with these Terms. Notwithstanding the foregoing, you continue to own and have the right to sell, encumber, transfer and/or grant additional licenses to your content to any other person or entity, provided that such actions do not otherwise conflict with or infringe upon the rights you have granted to us above.

5. DISCLAIMERS; LIMITATION OF LIABILITY

BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

  1. YOUR USE OF THE SITE IS AT YOUR OWN RISK. EXCEPT AS PROVIDED BY ANY AGREEMENT YOU MAY HAVE WITH THE FASHION PARTIES, WE PROVIDE THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND MAKE NO WARRANTIES TO YOU WHATSOEVER ABOUT THE SITE OR THE CONTENT POSTED BY THE USERS TO THE SITE.
  2. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, SUCH AS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE PRECEDING STATEMENT, WE ALSO DISCLAIM ANY WARRANTY THAT:
    1. THE SITE, AND YOUR USE OF THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY ERRORS WE DISCOVER OR THAT WE ARE ADVISED OF WILL BE CORRECTED;
    2. THE SERVICES PROVIDED BY FASHION ON THE SITE WILL BE AVAILABLE AT ANY TIME OR WILL BE AVAILABLE IN THE FUTURE EITHER IN THE SAME FORM AS THEY WERE AVAILABLE IN THE PAST OR AT ALL;
    3. THE CONTENT POSTED BY THE USERS TO THE SITE WILL BE RELIABLE OR ERROR-FREE;
    4. WE WILL NOT DELETE OR FAIL TO STORE ANY CONTENT POSTED BY YOU;
    5. ANY PRODUCT OR SERVICE YOU PURCHASE OR ANY EMPLOYMENT RELATIONSHIP YOU ENTER INTO IN RELIANCE ON THE CONTENT POSTED BY A USER OF THE SITE WILL BE SATISFACTORY TO YOU;
    6. THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT CONTENT THAT YOU DOWNLOAD FROM THE SITE WILL NOT INTERRUPT, DESTROY OR LIMIT YOUR SOFTWARE, HARDWARE, TELECOMMUNICATIONS EQUIPMENT, NETWORK OR DATA;
    7. YOUR USE OF THE SITE WILL YIELD ANY EXPECTED OR INTENDED RESULTS SUCH AS BEING HIRED AS A JOB APPLICANT TO THE JOB BOARD OR THAT A JOB APPLICANT WILL BE COMPETENT OR QUALIFIED EMPLOYEE OR CONTRACTOR; OR
    8. WE WILL INVESTIGATE THE ACCURACY OR TRUTHFULNESS OF ANY CONTENT POSTED TO THE SITE BY ANY USER.
  3. NO FASHION PARTY SHALL BE LIABLE TO YOU FOR ANY DELAY, FAILURE IN PERFORMANCE OR INTERRUPTION OF THE SITE RESULTING DIRECTLY OR INDIRECTLY FROM THE ELEMENTS, ACTS OF GOD, ACTS OF CIVIL OR MILITARY AUTHORITIES, CIVIL DISTURBANCES, ARMED HOSTILITIES, ACTS OF TERRORISM, INTERNET DISRUPTIONS, STRIKES OR OTHER LABOR DISPUTES, SHORTAGES OF MATERIALS, FIRES, TRANSPORTATION CONTINGENCIES, ORDERS OF COURTS OR GOVERNMENTAL AGENCIES, FAILURE OF THIRD PARTIES TO PERFORM THEIR OBLIGATIONS, OTHER CATASTROPHES OR ANY OTHER OCCURRENCES THAT ARE BEYOND FASHION'S REASONABLE CONTROL.
  4. REGARDLESS OF THE CIRCUMSTANCES, NO FASHION PARTY SHALL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF PROFITS OR GOODWILL, THE COST OF PROCURING SUBSITITUTE GOODS AND SERVICES OR OTHER INTANGIBLE HARM, ARISING OUT OF ANY MATTER RELATING TO THE SITE. THE FOREGOING AGREEMENT SHALL BE EFFECTIVE REGARDLESS OF THE NATURE OF THE CLAIM OR POTENTIAL CLAIM AGAINST THE FASHION PARTY, AND EVEN IF THE FASHION PARTY WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
  5. WITHOUT LIMITING THE FOREGOING IN ANY WAY, AND REGARDLESS OF THE NATURE OF THE CLAIM THAT YOU WERE TO BRING, THE TOTAL AMOUNT OF DAMAGES FOR WHICH ALL OF THE FASHION PARTIES WOULD BE LIABLE TO YOU ARISING OUT OF ANY MATTER RELATING TO THE SITE WILL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00), EVEN IF YOU WERE TO ADVISE US OR ANOTHER FASHION PARTY IN ADVANCE OF THE POSSIBILITY OF GREATER DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE FOREGOING PROVISIONS MAY NOT APPLY TO YOU.

6. THIRD PARTY LINKS

We may provide, and users of the Site might post, links to other websites through the Site. We do not endorse any such websites. You acknowledge and agree that because we have no control over such websites, we are not responsible or liable for the availability or content of such websites, even if we have been made aware that such websites are unavailable or that the content of such websites is harmful, nor are we responsible for any damage that is incurred by any person as a result of using such websites or relying upon the content posted thereon.

7. INDEMNIFICATION

You agree to hold us and our parent companies, subsidiaries and affiliates, and each of their respective directors, officers, employees, agents, partners, licensors, advisors and agents (each, an "Indemnified Party") harmless from any claims, losses, liabilities, damages, demands, investigations, suits, causes of action, judgments, costs or expenses (including court costs and reasonable attorneys' fees, "Claims") arising out of (i) any content that you post to, or obtain through the Site, (ii) your use of the Site; (iii) your violation of these Terms, or (iv) your violation of the legal or contractual rights of any other person or entity.

We will provide you with reasonable notice of any Claim, but our failure to provide you with notice will not relieve you of your of your obligations hereunder except to the extent, if any, that the your rights have been prejudiced or your liability has been increased by our failure. You shall be permitted to compromise and settle or to cause a compromise and settlement of any Claim unless the terms of the compromise and settlement impose any obligation upon an Indemnified Party, in which case you may not settle such Claim without our prior written consent, which may be withheld in our sole, subjective discretion.

8. TERMINATION; SURVIVAL

We may terminate your right to use the Site without prior notice to you for any violation of these Terms, as determined by Fashion in its sole discretion. We may also terminate your right to use the Site at the request of law enforcement or other governmental agencies. We may also terminate your right to use the Site without any violation of these Terms by you if we decide to stop providing the Site generally. Any such decision will be preceded by reasonable notice of not less than 30 days on the homepage of the Site, unless such notice is impracticable under the circumstances. We may suspend your right to use the Site without prior notice for any of the foregoing reasons or as a result of unexpected technical or security issues or problems.

You may cease using the Site at any time for any reason by deleting your account, if you have one, from the Site and refraining from further use of the Site.

Upon any termination of your use of the Site, whether initiated by us or by you, these Terms shall continue to be applicable to your conduct on, and any content you have posted to Site prior to such termination.

9. PRIVACY

The privacy policy ("Privacy Policy") posted on the Site is incorporated into these Terms by this reference. The Privacy Policy governs data collected through Fashion's online operations only. Please note, as set forth in the Privacy Policy, that we may collect certain personal information from users to the Site, including information from users who have registered for certain services on the Site including but not limited to registering for an account on the Site's job board. You understand that by using the Site, you are agreeing to our Privacy Policy and consenting to the collection, use, storage and transfer of information collected in connection with your use of the Site under the terms of our Privacy Policy.

10. GOVERNING LAW; DISPUTES

These Terms shall be governed by the laws of the State of California without regard to its conflicts of law principles. For any disputes arising under or related to these Terms, each party hereby agrees to submit to the exclusive jurisdiction of the federal or state courts located in or having jurisdiction over Santa Clara County, California and waive any rights or objection that such a forum is an inconvenient one. You agree that regardless of any statute to the contrary, any claim or cause of action relating to such dispute must be filed within one year after such claim or cause of action arose or it will be forever barred. YOU AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY SUCH DISPUTE AND THAT SUCH WAIVER SHALL BE COUPLED WITH AN INTEREST AND SHALL BE IRREVOCABLE.

11. CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Fashion infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

Notices and counter-notices with respect to the Site should be sent to Legal Department, BeeHive Content Works, LLC, 1338 South Foothill Drive, Suite 155 Salt Lake City, UT 84108. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

12. MISCELLANEOUS

If a Court were to determine that any provision of these Terms was unenforceable, you agree that such provision will be deemed to be restated to reflect, as nearly as possible, the original intentions of the parties in accordance with applicable law and the remaining provision of these Terms shall continue in full force and effect.

Except with our prior written consent, you may not assign your rights or obligations under these Terms in whole or in part to any other party, whether directly or by operation of law, and any attempt at such an assignment without our prior written consent shall be void and of no legal effect.

Any waiver of these Terms by us will be effective only if it is in writing and signed by Fashion. Notwithstanding anything to the contrary provided herein, no remedy made available to us hereunder is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy provided hereunder or available at law or in equity.

There are no third-party beneficiaries to this Agreement other than the Fashion Parties.