Fashion Biz Breakthrough Coaching

TERMS OF USE

1. BINDING EFFECT

   This is a binding agreement between you and Nicolita Inc. By submitting a request to appear as a guest on Fasttrack Your Fashion Brand (hereinafter FYFB podcast “we”, “our”, “us”), you expressly agree to the terms and conditions detailed herein. FYFB is intended only for individuals aged 18 or older.

2. PRIVACY POLICY

   We believe in being transparent in relation to our privacy practices when collecting information from you which you can find in our Privacy Policy. The FYFB privacy policy is expressly incorporated into these Terms of Use by this reference.

3. REQUESTS TO BE GUESTS

   You may submit a request to appear as a guest on an episode of FYFB during which you will receive advice regarding the subject matter submitted and your business in general as decided by FYFB. You may only submit one request to appear per calendar week. FYFB shall select one entry from all entries received to appear on an FYFB episode with the selection made in the sole discretion of the host of FYFB. Your submission of a request to appear does not guarantee you will be selected.

4. SHARED INFORMATION

   If you are selected to appear on FYFB, you acknowledge and agree that information you’ve submitted will be discussed and expanded upon in an episode that will be available to an audience consisting of the general public, including your potential competitors. Should you have any trade secrets or other confidential information you do not wish shared, you should either not participate in FYFB or alert us prior to the recording of the episode. FYFB shall then, in its sole discretion, determine whether to proceed with the appearance. To this end, you guarantee and warrant your appearance on FYFB and the information you provide thereon will not violate or materially breach any other contractual agreement or obligations you have with a third party.

5. YOUR CONTENT AND INFORMATION

   You grant FYFB a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use the information and materials you submit to FYFB when requesting to be a guest and during your appearance on FYFB (“Information and Materials”) as follows:
   

   (a) to reproduce the Information and Materials in video, audio, and textual form as an FYFB episode;

   (b) to create and reproduce derivative works incorporating all or part of the Information and Materials;

   (c) to distribute copies of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Information and Materials as part of an FYFB episode or a derivative work.

   These rights may be exercised in all media and formats whether now known or hereafter devised and include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. You agree that FYFB may publish or otherwise disclose your name and image in connection with the Information and Materials and hereby waive any right of publicity or privacy claims. By providing Information and Materials to FYFB, you warrant and represent that you own the rights to the Information and Materials or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute it.

6. RECORDING, BROADCAST, PERFORMANCE

   In submitting a request to appear or appearing on FYFB, you hereby consent to the recording, broadcasting, publicly performance, and other distribution of your voice, image, and the content of the episode you appear in including, but not limited to, Information and Materials provided by you as part of an FYFB episode. To this end, you expressly waive any privacy or right of publicity claims. You further acknowledge that FYFB is the sole owner of all rights in and to the episode, and the recording thereof, including the use of Information and Materials you submit under the license detailed herein these Terms of Use, for all purposes; and has the right, among other things, to edit and distribute the episode one or more times by any medium or mode of transmission whatsoever without your permission. You further grant FYFB the right to include a recording of the episode in a compilation of FYFB episodes and to provide text versions of the recording to the FYFB audience.

7. CONSIDERATION

   You will receive no monetary compensation in consideration for entering into this agreement, assigning rights to FYFB, or appearing on an FYFB episode. The value of receiving advice at no cost from Nicole Di Rocco on an FYFB episode and having yourself, your business, and, if applicable, a product or service exposed to the audience of FYFB shall be considered the consideration granted to you for entering into this agreement.

8. OUTCOMES

   You understand and agree that the advice and coaching you receive from FYFB is not guaranteed or warranted to produce a particular income or outcome including, but not limited to, a resolution of any business difficulties you are experiencing or growth in business revenues and profits.

9. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

   When accessing FYFB or submitting comments or requests to appear in an episode, you agree to obey the law and to respect the intellectual property rights of others. Your use of and submissions to FYFB  is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

10. INAPPROPRIATE CONTENT

    You shall not submit the following types of Content to FYFB: any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such material, and, if applicable, to delete any such material from the FYFB servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or any applicable laws.

11. COPYRIGHT INFRINGEMENT

    We have in place certain legally mandated procedures regarding allegations of copyright infringement.

12. NO WARRANTIES. FYFB HEREBY DISCLAIMS ALL WARRANTIES

    We are making FYFB available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, FYFB. To the maximum extent permitted by law, FYFB expressly disclaims any and all warranties, express or implied, regarding FYFB, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. We do not warrant that FYFB will meet your requirements or that the operation of FYFB will be uninterrupted or error-free.

13. LIMITED LIABILITY

    Our liability to you is limited. To the maximum extent permitted by law, in no event shall FYFB be liable for damages of any kind (Including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) Arising out of or in connection with your use of the site, FYFB, or any information and materials offered in an episode of FYFB. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Notwithstanding the above, should you be declared the prevailing party in any legal action against us, you agree the maximum award permitted shall be no more than one thousand united states dollars ($1,000).

14. AFFILIATED SITES

    From time-to-time, third party companies and links to such companies may be mentioned in FYFB episodes and supporting documentation. Because we have no control over the content and performance of these third parties, we make no guarantees about the accuracy, currency, content, or quality of the information provided by these parties, their products, services, and digital properties such as sites and apps. We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.

15. PROHIBITED USES

    We impose certain restrictions on your permissible use of FYFB. You are prohibited from violating or attempting to violate any security features used by FYFB, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of FYFB, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the FYFB platforms, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) or attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by FYFB. Any violation of system or network security may subject you to civil and/or criminal liability.

16. INDEMNITY

    You agree to indemnify FYFB for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless FYFB, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to FYFB or appearance in an episode, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

17. COPYRIGHT

    All contents of FYFB are © 2020 Nicolita Inc. All rights reserved.

18. GOVERNING LAW.

    These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Orange County, California depending on the nature of your legal claims, in all disputes arising out of or related to FYFB.

19. SEVERABILITY; WAIVER.

    If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

20. NO LICENSE

    Nothing contained in these Terms of Use or FYFB should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by FYFB or by any third party.

21. EMAIL COMMUNICATIONS

    When you contact us or submit a request to appear on an FYFB episode, you expressly consent and agree to receive email responses from us. These email communications may be commercial or non-commercial in nature. Non-commercial emails may include, but are not limited to, administrative issues and announcements of changes to these Terms, the Privacy Policy or other site documentation.

22. UNITED STATES USE ONLY

    FYFB is controlled and operated by Nicolita Inc. from its offices in the State of California. The domain of the website is registered in the United States and FYFB is hosted in the United States. FYFB does not envisage offering goods or services to individuals in the European Union as detailed in the General Data Protection Regulation. The intended audience for FYFB consists of individuals in the United States only. We make no representation that our practices comply with the requirements of any other jurisdiction. Your submission of a request to appear on an FYFB episode or visit to the FYFB platform should not be construed as FYFB purposefully availing itself of the benefits or privilege of doing business in any jurisdiction other than the United States.

23. AMENDMENTS

    We reserve the right to amend these Terms of Use at any time. Should we seek to make such an amendment and consider the amendment to be material in nature in our own discretion, we shall publish notice of the change on FYFB and provide thirty (30) days notice of the change. You may then choose to accept the amendment or not during this time period. If you do not accept the amendment, please discontinue your use of FYFB.

If you have any questions about this Terms of Use, please contact us.