terms of use

Updated: 29 October 2018
Welcome to itch! We’re glad you’d like to find out more about us, and we hope this can help us get to know one another better.

The products and services on the itch website (www.itch.me) (“itch”) are provided by us, Groundcrew Pte. Ltd. (201536895Z) (“us” or “we”). These terms of use ("Terms") represent legally binding terms and conditions which govern your use of and access to itch, and the products and services we offer through itch ("Services").

So please read these Terms carefully, and contact us at legal@itch.me or refer to our FAQ and Forum if you have any questions. We have tried our best to keep the legalese to the minimum ☺

1. about itch

itch is a fashion-only, socially empowered editorial and platform that allows users who comply with these Terms to showcase themselves, get alternative inspirations from across the world, find collaborations, market directly, amass contacts, as well as the opportunity to be featured on our zine (editorial) through the social interactions of the itch community. Be it you're an fd (fashion designer), fa (fashion affiliate) or fl (fashion lover) we believe everyone plays an equal role of importance and deserves a level playing field for recognition. This way, we will never lack inspirational breakthroughs from recurring trends; enjoy its ceaseless myriad of newfangled styles and wears, and possibly, revel in a constantly evolving fashion future—in human fashion.

itch also features a forum and other facilities that enable you to post messages and other content for other users to view and access. Unless we expressly say so, we do not monitor, interfere with or edit the content that you and other users post in itch. “Content” includes data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you or other users on itch.

We are not involved in any communications between the users of itch, whether they are Fashion Designers, Fashion Affiliates or Fashion Lovers, nor are we responsible for any of their actions on itch, including the content they post on their profiles and billboard, their gallery, their portfolio, their journals, in the forum or elsewhere in itch. Therefore, itch has no control over the quality, safety, originality, morality or legality of any of the content you or other users post or upload on itch.

2. binding agreement

By accessing or using our Services, you agree to be bound by:

  • Binding Agreement

    These Terms and any other rules or policies we may create from time to time (“Policies”), and which represent a binding legal agreement between you (or where you represent a business entity, that business entity) and us;

  • Third Party Terms

    Any terms and conditions of third party service providers and platforms whose website, software or services are accessed through your use of or access to our Services; and

  • Privacy Policy

    Our Privacy Policy, found here, and which is incorporated in these Terms by reference.

3. using our services

  • Age

    Only individuals who are 18 years and older and who can form legally binding contracts may use our Services.

    If you are below 18 years old, you may use our Services only under the supervision of a parent or guardian who is at least 18 years old. We will regard the parent or guardian as the person entering into a legally binding contract with us, and will look to him or her for full responsibility for all activities of the minor on itch and in respect of the Services.

  • Information

    All information you submit when creating and accessing your itch account must be:

    1. accurate, complete, current, and true, and you must ensure they stay that way,

    2. information about you only, and not of someone else. You must use your own name when you sign up for an account with us.

  • International Users

    While access to and use of the Services are maintained and offered by us from our facilities in Singapore, they may be accessible to you even if you live outside Singapore. However, we do not guarantee that your access to or use of itch, the rest of our Services or any of the user-generated content on itch, is in compliance with the laws of your country. If you reside outside Singapore, it is solely your responsibility to make sure your access to and use of the Services or any user-generated content is legal in the country in which you live.

  • Use by and for Individuals Only

    Our Services are to be used only by and for individuals. Companies, businesses and any organisations which are owners, licensees or representatives of brands or fashion labels are not permitted to access and use our Services or to register for an account. You must not seek to transfer your account or any alleged rights in it to any other individual or organisation, whether for commercial profit or any other reason, without our express prior written consent.

  • Representatives

    You may register an account (i) on your own behalf as a Fashion Designer, Fashion Affiliate, or Fashion Lover, or (ii) through a personal assistant, administrative assistant or other representative who acts on your behalf (a “representative”), and only if you additionally meet the eligibility criteria for the Fashion Designer, Fashion Affiliate, or Fashion Lover account as stated in these Terms.

    Where a user is the representative of a Fashion Designer, Fashion Affiliate, or Fashion Lover, we will treat the Fashion Designer, Fashion Affiliate, and Fashion Lover as the person who has entered into a legally binding contract with us under these Terms, and will look to him or her to be fully responsible for all the activities of the representative.

  • Impersonation

    As itch is also designed to help promote fashion professionals in the fashion industry, we feel very strongly about any impersonation of someone else or the taking of credit for someone else’s creations or work. We therefore require that you use your [own and real name] in your profile.

  • Safety

    We cannot guarantee the true identity of a user or that a user is who he/she claims he/she is, even while we encourage you to communicate directly with other users on itch as itch is an online community for all fashion creatives as well as enthusiasts to connect with one another. We therefore urge users to use caution and good judgment in their communications with other users, and you acknowledge that you are solely responsible for your own safety and the consequences of any commercial and personal dealings you enter into with another user on itch. You may wish to consider using a third-party service that provides user verification.

  • Misuse

    You must not misuse itch or any of our other Services by or for doing anything criminal, dishonest, malicious, or unlawful, or any of the following:

    1. committing or encouraging a criminal offence;

    2. using our Services to do anything or communicate with other users in a manner which is bullying, intimidating, harmful, threatening, insulting, abusive, tortious, defamatory, libelous, pornographic, lewd, profane, obscene, hateful or otherwise objectionable;

    3. transmitting or distributing into itch or our Services or other users viruses, Trojan horses, worms, logic bombs or any material that is intended to damage or limit the functionality of our Services or that of other users’ computers such as denial of service attacks;

    4. hacking into any aspect of our Services or corrupting any data;

    5. harassing, stalking or causing alarm or distress to another user;

    6. sending any unsolicited material in bulk to other users, where such material is for the purpose of offering to supply or advertising or promoting goods or services or a supplier of goods or services, offering, advertising or promoting land or an interest in land or an investment or business opportunity or a provider of land or an investment or business opportunity;

    7. attempting to affect the performance or functionality of any computer facilities of or accessed throughout itch;

    8. attempting to collect or download any information about or regarding us, our Services, our content or other users of our Services or other users’ content through automated means such as bots, spiders, scripts, robots or scrapers or otherwise;

    9. using (or assisting or enabling a person to use) deception or dishonesty to obtain property belonging to another person;

    10. engaging in any unlawful multi-level marketing, such as a pyramid scheme; and

    11. taking any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure.

  • Access to the Services

    We cannot, and do not, guarantee continuous, uninterrupted access to itch or the Services, as the operation of itch may be interfered with due to numerous factors outside of our control.

  • Termination by You

    You may stop using any of our Services and deactivate your account at any time.

  • Hyperlinks

    For your convenience, we may include hyperlinks to other websites or content on the internet that are owned or operated by third parties. These linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website, and are not endorsed or verified by us and your access to or use of such linked websites or content is entirely at your own risk.

  • Help Us

    Please help us make itch a place where we, you and your friends would like it to be, by reporting any misuse of itch or objectionable conduct to us by clicking on the flag button or contacting us at legal@itch.me.

4. itch accounts

  • Types of Accounts

    To use our Services, you must first register an account with us. There are three categories of accounts you can register with us: 1. FD ("Fashion Designer"), 2. FA ("Fashion Affiliate"), and 3. FL ("Fashion Lover").

    1. FD account:

      A Fashion Designer account may only be registered and used by individuals who are strictly fashion designers. To honour the art of fashion design and uphold the identities of legitimate fashion designers, we have the sole and absolute discretion as to whether or not you meet our eligibility criteria for registering for a Fashion Designer account, and our decision is final.

    2. FA account:

      A Fashion Affiliate account may only be registered and used by individuals who are:

      • - fashion models
      • - fashion photographers
      • - fashion videographers
      • - fashion makeup artists
      • - fashion hair stylists
      • - fashion stylists
      • - fashion nail artists
      • - fashion creative directors

      To uphold the identities of legitimate fashion affiliates that are: fashion models, fashion photographers, fashion videographers, fashion makeup artists, fashion hair stylists, fashion stylists, fashion nail artists, fashion creative directors, we have the sole and absolute discretion as to whether or not you meet our eligibility criteria for registering for a Fashion Affiliate account, and our decision is final.

    3. FL account:

      A Fashion Lover account may be registered and used by any individual who registers with us for a Fashion Lover account, and is meant for people such as fashion merchandisers, fashion bloggers or fashion enthusiasts who would like to connect directly with Fashion Designers, Fashion Affiliates and other Fashion Lovers on itch.

  • Inactive or Unconfirmed Accounts

    When you apply to register an account with us, we require you to confirm the application in the manner stipulated by us. We also encourage you to frequently log into itch and use our Services. Where you fail to confirm your account or are an inactive user, we have the right to cancel your account.

  • Multiple Accounts

    You must not register for more than one account under each of the categories of accounts. For example, you cannot register for two Fashion Designer accounts. You can register for multiple accounts from each of the three categories of accounts on itch, as long as you meet the eligibility criteria for each of those accounts. For example, you may register for an account as a Fashion Designer and also an account as a Fashion Affiliate.

  • Cancellation or Rejection of Registrations:

    We have the right to refuse to offer access to or use of any Service or itch to you, or to approve your application to register an account, and to suspend or terminate your user account even if it was previously registered, and to change the eligibility criteria for registration of the different types of accounts at any time, for any reason and without notice to you, and also for any the following reasons:

    1. you register a fake user account or impersonate someone else;
    2. you register more than one account of any of the types of accounts available on itch (for e.g. you register two Fashion Designer accounts);
    3. you upload or post content on your profile which you did not create (or if you are a Representative, which the Fashion Designer or Fashion Affiliate you represent, did not create);
    4. in registering an account, you provide information which is not accurate, complete, current, and true;
    5. you are not of the minimum age required by the law of your country for use and access to our Services and to itch;
    6. you do not meet the eligibility criteria required for the type of account which you have applied to register with us; and
    7. we are of the opinion that you have breached any of the terms and conditions in these Terms.

5. content

  • Your Content

    While we do not claim any ownership rights in any content (including audio recordings, data, photos, videos, artwork, texts, links, and other materials) that you post on itch, we do require certain licences to your content to operate and enable the Services.

  • Our Use of Your Content

    You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable licence to create derivative works out of or modify (for the purpose of better showcasing your content), display, distribute, reproduce, or use any of the content you publish or upload on itch or through any Service, for any purpose including:

    1. marketing, advertising and promoting our Services to you or other users;
    2. featuring you on our Zine (editorial) and promoting you and your content;
    3. developing and operating itch, and providing you and other users with our Services.
  • Protecting Rights

    We respect other people’s intellectual property, contractual, confidentiality, privacy and other rights, and expect you do the same. You must therefore not post any content or take any action on itch or through the Services that infringes someone else's intellectual property, contractual, confidentiality, privacy and other rights or is otherwise illegal. You must therefore only post or upload content that you own or for which you have all relevant rights and permissions for.

    You agree that we are not responsible or liable for any content, and you therefore acknowledge that you use our Service at your own risk.

  • Reporting Infringements

    We are not responsible for the content posted or uploaded by you or any other users of itch and our Services.

    Nonetheless, where you come across content posted by other users which you own or have exclusive rights for, please report this to us immediately by clicking on the flag button or contacting us at legal@itch.me, and provide us with the following:

    1. a description of the copyrighted work or trade mark which you believe has been infringed (“Infringing Material”);
    2. the location (URL) where the infringing material resides on itch or a description of the location;
    3. your telephone number and physical address so that we can better get in touch with you; and
    4. such other information as we reasonably require from you,

    and we will investigate and consider actions which include removing such content and suspending or terminating the account or use of our Services for users who repeatedly infringe other users’ or persons’ rights. If we remove your content for infringing someone’s rights, and you believe we removed it by mistake, we will give you the opportunity to appeal.

  • Content Retention

    On the termination or deactivation of your account, or if you remove any of your content from itch, we have the right to retain your content for a commercially reasonable period of time for audit, archival or backup, purposes. Kindly refer to our Privacy Policy found here for more information.

6. our intellectual property rights

  • Ownership of itch Materials

    itch and the other Services and any itch Marks, text, write-ups, software, content, features, designs, artwork, and compilations (including the "look", "feel", "appearance", "graphic functions", colour combinations, sounds, and layouts of itch (“itch Materials”) that we make available to you as part of the Services, are protected by intellectual property rights which are owned or licensed to us. “itch Marks” means “itch”, the itch logo, the domain name www.itch.me, and any other trade mark, logo, trade dress, domain names or evidence of ownership belonging to Groundcrew Pte Ltd.

    You acknowledge that using our Services and accessing itch, does not mean you own any of the itch Materials or any of the intellectual property rights in them, and you must not reproduce, modify, display, sell, or distribute the itch Materials or use any of the itch Materials in any other way for public or commercial purpose, without our express written permission.

  • Prohibited Actions

    You must not contest or deny the validity of our right, title or interest to or any licence of the itch Trade Marks, and you must not encourage or assist others directly or indirectly to do so. You must not use the itch Trade Marks in any manner that would diminish or harm their value or reputation and you must not use or register any domain name, trade mark, business entity or trading name that contains any words or marks that are identical to or similar to any of the itch Trade Marks.

  • Software

    If we make certain software (including standalone software products, mobile applications or browser plugins) available to you as part of the Service, such software may be on the terms of a separate licence or use agreement which you must agree to for the use of the software. If no such separate license agreement is made available, then we hereby grant you a personal, non-exclusive, non-transferrable, and non-sub-licensable license to use such software only for the purpose of letting you use the Services in accordance with these Terms. You must not copy, modify, distribute, sell, or license any part of the Services or the software, nor can you reverse engineer or decompile the software or attempt to extract source code from it. The software may or may not automatically download and install updates from us, which are designed to improve and enhance the Services and may be by way of bug fixes, new software modules, and new versions. You agree to receive such updates (and consent to us delivering these updates to you without your knowledge) as part of your use of the Services.

  • Unsolicited Ideas

    While we welcome feedback from users regarding the Services, please do not send us any unsolicited ideas, suggestions, or proposals as to how to improve or further develop the Services or itch other than those we specifically request. This is to avoid future misunderstandings where new functionalities and features developed by us might be similar or even identical to your idea.

    If you nonetheless send us an unsolicited suggestion, idea, or proposal, such submission will not be considered your confidential or proprietary information, and we are entitled to unrestricted use of any part of the submission for any purpose, commercial or otherwise, without compensation to you.

7. limitation of liability

  • As Is

    The Services are provided to you “as is”, and “as available”, and without any warranty of any kind, whether express or implied (including any implied warranty of merchantability or satisfactory quality, fitness for a particular purpose, compliance with any description, or any implied warranty arising from course of performance, course of dealing, usage of trade or otherwise, all of which are expressly disclaimed).

  • Non-liability

    We, and our parent company, subsidiaries, and affiliates, and their officers, directors, agents, contractors, and employees are not and will not be liable for any damages, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conduct or of anyone else in connection with the use of itch, our Services, or these Terms, including lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.

  • Sole Remedy

    You acknowledge and agree that your only remedy and right with respect to any dissatisfaction or issue with our Services is to request for termination of your account or discontinuation of any use of the Services.

8. indemnity

You agree to reimburse and absolve us and our parent company, subsidiaries, affiliates, officers, directors, agents, contractors, and employees, from any responsibility for or from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of these Terms or the documents or laws they incorporate by reference, or your violation of any law or the rights of a third party.

9. breach

  • Full Discretion

    We have full discretion to determine whether a breach of these Terms has occurred during your access to and use of itch and any other part of the Services.

  • Breach

    Where we determine that such a breach has occurred, that you have engaged in any unlawful, fraudulent or unethical conduct, or that you have misused any of the Services (whether as mentioned under clause 3 above or otherwise) or where we determine that complaints by users against you are substantiated and of serious misconduct, without affecting any other remedies we have under these Terms or at law, we have the right to take such action as we deem appropriate at any time, with or without prior notice to you, including all or any of the following:

    1. issue a warning to you;
    2. temporarily or permanently refuse to provide any or all of the Services to you;
    3. suspend or terminate your account with itch;
    4. temporarily or indefinitely suspend your account privileges;
    5. take technical and legal actions to prevent you from accessing itch and to re-register for an account;
    6. warn other users of your actions
    7. institute legal proceedings against you;
    8. disclose such information related to your breach to law enforcement authorities as we may feel is necessary; and
    9. take a combination of any of the actions in this clause 9.

    If we believe that you are impersonating someone or stealing someone else’s credit, we may transfer your account to the person you are impersonating, apart from taking any of the other actions above.

  • Survival

    Clauses 5 (Content), 6 (Our Intellectual Property Rights), 7 (Limitation of Liability), 8 (Indemnity), 9 (Breach), and 10 (General) shall survive any termination or expiration of the agreement between you and us.

10. general

  • Amendments

    We have the right to from time to time amend these Terms, the Privacy Policy and the Policies, by posting the modified or revised version on itch. The revised Terms, Privacy Policy and revised or new Policies takes effect immediately once we post it on itch, and you agree to be bound by all such modifications or revisions or new Policies. If a revision, in our sole discretion, is material we will notify you at the email address you provided to us when registering for your account. If you do not agree to the new Terms, Privacy Policy or the Policies, please immediately stop using our Services.

  • Cumulative Remedies

    Our rights and remedies under these Terms of Use do not affect and are in addition to any other rights or remedies we may have in law or in equity.

  • Transferability

    These Terms, and any rights and licences granted under it, may not be transferred or assigned by you, but may be assigned by us without restriction.

  • Entire Agreement

    These Terms (including the Privacy Policy and the Policies), form the entire agreement between us in relation to your access to and use of the Services.

  • Reservation of Rights

    We reserve all rights not expressly granted to you under these Terms.

  • Severability

    If any provision of these Terms is held unenforceable, it will be removed or modified as little as possible, and the rest of these Terms will remain in full force and effect.

  • No Waiver

    No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provisions or other provisions or any of our rights.

  • Governing Law and Jurisdiction

    These Terms are to be interpreted by the laws of Singapore, and you agree to submit to the non-exclusive jurisdiction of the courts of Singapore for all disputes arising out of them.