IMPORTANT-READ CAREFULLY. This is a legal agreement (“Agreement”) between you and StyledOn.com, LLC (“StyledOn,” “we” or “us”) governing your use of this website (the “Site”) and the content, software, products and services available through the Site (collectively, the “Services”). The Services are not available to persons under 13 years of age. By accessing the Site or using the Services, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, you must refrain from accessing the Site or using the Services.
- Welcome StyledOn! The Site is an interactive online community curated by its members, who share a passion for style, design, and décor. As a member, you can share your original work, link to content or images that inspire you, and communicate with other users about their inspirations and yours.
- License; Scope of Use. Subject to the terms and conditions of this Agreement, StyledOn hereby grants you a personal, non-exclusive, non-transferable, non-sublicenseable license to access the Site solely for your personal use, as necessary to use and enjoy the benefits of the Services, in the manner permitted by this Agreement. You agree at all times to comply with the Site’s Acceptable Use Policy available at http://www.StyledOn.com/aup/. You understand that all information such as text, computer software, music, audio files or other sounds, photographs, videos or other images, data, information, RSS or other automated feeds (collectively “Content”) to which you may have access in or through the Services are the sole responsibility of the person from which such Content originated. Content may be protected by intellectual property rights of StyledOn or third parties. We use automated processes to collect and present Content that has been created by third parties, inlcuding Site users. StyledOn makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability such Content.
- Restrictions. You agree that you will not (and that you will not permit anyone else to): (a) resell, distribute, broadcast or network the Services or any portion thereof; (b) access the Services by any means other than the interface provided by StyledOn; (c) access the Services by automated means (including by scripts, web crawlers, scraping or data extraction); (d) use the Services in any manner that violates applicable law (including laws related to export control) or that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Site, Services, or any network or networks connected to the Services or security systems; or (e) use the Site or the Services in a manner that violates the terms of any agreement you have made with a third party, including the terms and conditions of any third-party website. You must provide all equipment and software necessary to connect to the Site, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You agree that you will not (and that you will not permit anyone else to) download, copy, modify, make derivative works of, resell, trade, distribute, or make any commercial use of any Content made available to you via the Site or the Services, by any means or in any form, without the prior written consent of StyledOn.
- Your Submissions. You agree that you are solely responsible for all Content you submit, post or display on or though the Services, whether in your account registration or profile or elsewhere on the Site. You should carefully consider such submissions and how their availability to the community of Site users might impact you. By submitting, posting or displaying Content, you grant to StyledOn a perpetual, irrevocable, non-exclusive, worldwide, sub-licensable, fully paid-up and royalty-free license, under all applicable intellectual property and other proprietary rights, to reproduce, cache, index, excerpt, adapt, modify, translate, publish, publicly perform, publicly display and distribute any such Content for the purpose of providing the Services on the Site and on other sites (including third-party sites) affiliated with the Services. You represent and warrant that you have the full right, power, and authority to grant the rights and consents granted herein and that the Content you submit, post or display on or through the Services: (a) does not infringe or misappropriate any intellectual property (including, without limitation, trademarks and copyrights), confidentiality, publicity or privacy rights of any third party in any jurisdiction, (b) is complete, up to date, accurate and truthful and not defamatory, fraudulent, deceptive or misleading, (c) does not contain any material or element that is unlawful, abusive, hateful, harassing, threatening, profane or pornographic, (d) complies with all applicable laws and regulations, including those regarding unfair competition and false or misleading advertising; (e) does not contain any virus, worm, trojan horse, time bomb or similar contaminating, harmful or destructive feature; (f) does not advertise or promote any unlawful product, service, or activity, or the unlawful sale of any product or service or otherwise encourage or provide instructions for a criminal offense; and (g) complies with StyledOn policies applicable to the Services, as posted on the www.StyledOn.com, including StyledOn’s Acceptable Use Policy. Although StyledOn is not responsible for any Content you submit, post or display, StyledOn may delete any Content of which StyledOn becomes aware, at any time without notice to you. Where Services are provided for a fee, you agree to pay the applicable fees plus all related taxes by submitting accurate payment information for a supported payment method for which you possess all appropriate rights.
- Additional Features. From time to time at its sole discretion, StyledOn may offer contests, promotions, surveys, or other calls for user participation or add new or modified services, modules, aspects, or features (collectively “Features”). To use such Features, you must agree to any new or amended terms presented to you in connection with such Features, if any. If there is a conflict or contradiction between the provisions of this Agreement and the terms, conditions, policies or notices applicable to a Feature, such other terms, conditions, policies or notices shall prevail in respect of your use of the relevant Feature. You agree that your access to the Site via mobile phone or other device may alter the appearance, navigability or functionality of the Site. If you elect to receive notifications or other data from StyledOn by text, SMS, MMS, or other similar electronic means, please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply. In the event you change or deactivate your mobile telephone number, you will promptly update your account information on the Site to ensure that your messages are not sent to the person who acquires your old number.
- Proprietary Rights. StyledOn and/or its suppliers, as applicable, retain ownership of all proprietary rights in and to the Services, the Content and the Site, including all trade names, trademarks and service marks associated or displayed with the Services. Nothing in this Agreement gives you a right to use any of StyledOn’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. You will not remove, deface or obscure any of StyledOn’s or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on or associated with the Services or the Site. Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services, unless this is expressly permitted or required by law. You further agree that the Services may contain information which is designated confidential by StyledOn and that you shall not disclose such information without StyledOn’s prior written consent.
- Termination. You may terminate this Agreement at any time, for any reason or no reason by providing notice to StyledOn which shall be effective upon StyledOn processing such notice. You acknowledge and agree that StyledOn, at its sole discretion, may stop (permanently or temporarily) providing the Services or any portion thereof to you or to users generally, or block or prevent future access to and use of the Site, without prior notice to you. You agree that STYLEDON will not be liable to you or any third party as a result of such discontinuation. Sections 3, 5 and 7 through 13, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, your account will be deactivated and you must cease any further use of the Site and the Services.
DMCA. It is StyledOn’s policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. If you believe your work appears on the Site in a manner that violates your intellectual property rights, please send a notice to StyledOn’s copyright agent containing the information required by 17 U.S.C. § 512(c)(3), available at http://www.copyright.gov/title17/92chap5.html.
# Links and Linking. The Site contains hyperlinks to third party websites and may contain inline links that direct your browser to receive Content directly from third-party sites. The linked sites are not under the control of StyledOn, and we are not responsible for the Content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. StyledOn is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by StyledOn of the site or any information contained therein. Similarly, we are not responsible for links to the Site that may be contained on third-party sites. The linked sites and their Content are not governed by StyledOn’s terms and policies; therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of each applicable third-party site, and you agree that you use such sites at your own risk.
- No Warranties. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND STYLEDON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. STYLEDON MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. STYLEDON MAKES NO WARRANTY THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES, ANY CONTENT OBTAINED THROUGH THE SERVICES, AND ANY COMMUNICATIONS WITH OTHER INDIVIDUALS THROUGH THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STYLEDON BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THIS AGREEMENT, THE SITE, THE SERVICES, ANY CONTENT SUPPLIED HEREUNDER, OR ANY INTERACTIONS YOU MAY HAVE WITH OTHER USERS OF THE SITE OR THE SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF STYLEDON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, STYLEDON’S MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF: (i) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES IN THE PREVIOUS 12 MONTHS; OR (ii) $100. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
- Miscellaneous. StyledOn may change the terms of this Agreement at any time by posting modified terms on the Site, and such revised terms will be effective upon such posting. Consequently, you should consult this Agreement regularly. This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of New York and not by the laws of any other jurisdiction. The parties mutually consent and submit to the jurisdiction of the federal and state courts located in New York County in the State of New York, and agree that any action, suit or proceeding concerning this Agreement may be brought in the federal or state courts of such county and that they will not raise, in connection therewith, any defense or objection based on lack of personal jurisdiction, improper venue, inconvenience of forum or the like. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision or any other provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect. You may not assign or transfer this Agreement or any rights hereunder without the prior written consent of StyledOn. All notices or other correspondence to StyledOn under this Agreement must be sent to the StyledOn contact address provided on the Site, or other address as provided by StyledOn for such purpose. You acknowledge and agree that we may send you information and notices regarding the Service by email, and that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter.