Specific conditions for the Social Media Services
The Social Media Services are performed by FITTINGBOX as a technical intermediary party solely.
FITTINGBOX only provides raw data or files under the performance of the Services described in this Order Form. The CLIENT is and shall remain solely responsible for the implementation of the raw data or files provided by FITTINGBOX within a Filter, to make them compatible or operable with the social network(s) listed in this Order Form. Similarly, the CLIENT is and shall remain solely responsible for the implementation and display of the Filter containing the Artwork provided by FITTINGBOX. Under no circumstances FITTINGBOX may be required or forced to replace the CLIENT on such matter; As the case may be, and only if FITTINGBOX has expressively agreed to provide additional support service for such implementation, the CLIENT shall be invoiced at the applicable scale prices of FITTINGBOX, in addition of the Services fees.
All property rights related to the Artwork – either embedded in a Filter or not – including structure, know-how and methods, remain the exclusive property of FITTINGBOX or the Third Party which has granted FITTINGBOX all or part of the related rights. FITTINGBOX reserves the right to control the usage of the Artworks by any means at its convenience.
Subject to the CLIENT’s observing and performing all of its obligations under (i) the performance of this Agreement, (ii) FITTINGBOX’s instructions or directives and (iii) terms and conditions applicable to the social networks selected, FITTINGBOX grants the CLIENT a limited, temporary, non-exclusive, non-assignable, non-transferable, revocable license to use the Artworks provided under the Agreement for the duration of the Agreement and for the social networks exhaustively listed in the Order Form, solely. Any unauthorized use is strictly forbidden and shall be considered constituting a counterfeiting act and the CLIENT shall indemnify FITTINGBOX accordingly for any direct and indirect damage or remedies.
FITTINGBOX does not give any warranty or guaranty of any kind related to the approval process or timing of the Filter – either provided by FITTINGBOX or not – by the selected Social Network or Media. When the Filter is provided by FITTINGBOX, and if the Filter has been rejected by the selected Social Network or Media, FITTINGBOX will make its best effort to correct the processing errors and re-submit the related Filter for a new approval.
In view of the technical uncertainties intrinsic to the Internet, or from any incompatibility stemming from the web browsers, or technologies and/or technical operation inherent to the selected Social Network or Media, FITTINGBOX does not give any warranty or guaranty of any kind that the Artwork – or the Filter as the case may be – will meet the requirements of the CLIENT or will be accessible or run without interruption or without errors. It is also stressed the Artworks – either embedded in a Filter or not – will be displayed by the own virtual try-on engines of each selected Social Network or Media. As FITTINGBOX is not the licensor or the technical provider of such virtual try-on engines, FITTINGBOX does not give any warranty or guaranty of (i) compatibility or (ii) update or upgrade or (iii) non-regression or (iv) defects, non-conformities or bugs affecting or related to such third-party virtual try-on engines. Consequently, FITTINGBOX shall not be deemed responsible for defects of the Artworks provided under the Agreement for the mere fact that such defects exist. Similarly, FITTINGBOX does not give any warranty or guaranty of any kind regarding the compliancy of each selected Social Network or Media with any applicable data privacy laws and regulations, and in particular with the European Regulation 2016/679 of 27 April 2016 (GDPR), the US Health Insurance Portability and Accountability Act of 1996, the California Online Privacy Protection Act of 2004, the California Shine the Light Act of 2005, the Illinois' Biometric Information Privacy Act of 2008, the US Health Information Technology for Economic and Clinical Health of 2009, and with the US CCPA of 2020.
It is stressed that the CLIENT is solely responsible of (i) its activities, (ii) its strategies, including business and communication, (iii) its Selection on any media or support whatsoever, including on Internet.
It is stressed that the CLIENT is solely responsible of the full observance and compliance of the terms and conditions applicable to the Social Network or Media where the Artwork – or the Filter as the case may be – can be displayed. The CLIENT is aware and irrevocably accepts that such terms and conditions may be modified from time to time by the Social Networks or Media, at their sole discretion, without FITTINGBOX incurring liability as a result; FITTINGBOX encourages therefore the CLIENT to regularly refer or consult such terms and conditions.
The CLIENT shall hold FITTINGBOX harmless from any claims, including from Third Parties, and undertakes therefore to defend and indemnify FITTINGBOX for any direct and indirect damage and/or loss which it may suffer and all the expenses it may incur for any claim and/or sanction as a result or in connection with any violation or failure or negligence of the above undertakings. FITTINGBOX shall also be discharged for any liability in case of failure from the CLIENT to any provision here above.
Copyright FITTINGBOX - August 2022
