1. ACCEPTANCE OF TERMS
Thank you for visiting Styleite.com. Styleite provides its services to you contingent upon the following “Terms of Service”, regarding legal privileges and obligations. Styleite offers users a social network connecting people through clothing by allowing the tagging of specific items of clothing in personal photos. Please read the following “Terms of Service”. By clicking “I agree,” accessing, browsing, and utilizing Styleite’s service, you signify that you have read, understand, and agree to the following terms. In doing this, you knowingly and voluntarily waive any protection that may exist under principles of common law in relation to the release set forth in the “Terms of Service” section. If you do not agree, then please do not use Styleite’s services. Changes to the “Terms of Service” page may occur periodically; it is your responsibility to check and review the Terms regularly.
By agreeing to this binding contract, you represent that you are of legal age and not a person barred from receiving services under United States’ law, or other relevant jurisdiction. This service is not available to users under the age of thirteen (13). By using this service, you agree to being at least thirteen years of age or older, as well as to abide by the terms and conditions of the agreement. This service is not intended for users under the age of thirteen (13), and any users under the age of thirteen are prohibited in submitting personal information to us; Service Provider does not knowingly collect personally identifiable information from users under the age of thirteen. By agreeing to these terms, you represent that you are thirteen years or older, and that you agree to all of the terms.
3. REGISTRATION OBLIGATIONS
You agree to:
provide true, current, accurate, and complete information about yourself as is prompted by registration forms on the site (“Registration Data”).
maintain and update the Registration Data, as well as any other information you may provide, so that it is current, accurate, and complete. If Styleite suspects any inaccurate information, we reserve the right to suspend or terminate your account and refuse all future use.
maintain the security of your password and identification
be fully responsible and liable for all use of your account and for any activity that takes place with your account.
Styleite reserves the right to refuse or terminate service, including membership, for any reason.
When creating an account with Styleite, you will create a personal password. As you retain responsibility for all information regarding your account, you should keep your password private and confidential; you are responsible for all activities that occur under your password or account. In order to ensure your privacy, you agree to:
(a) contact Styleite if any unauthorized use of your password or account occurs
(b) exit from your account at the end of each session
Styleite is not liable for any damage deriving from your failure to comply with its policies.
5. PROPRIETARY RIGHTS AND MEMBER CONTENT
You understand that all “Content” (data, text, photographs, messages, software, sound, music, graphics, video, tags, or other materials), whether publicly displayed or privately transmitted, is the liability of the person from whom such Content originated. This means that solely you are responsible for all Content uploaded, posted, emailed, transmitted or otherwise made available via the Service. You understand that as a member, you may be exposed to questionable Content. As Styleite does not guarantee the accuracy or integrity of this Content, Styleite is not liable for any offensive, indecent, or objectionable material, as well as any errors in, loss or damage to Content made available to Styleite.
You acknowledge and agree that Content in sponsor advertisements or any other information presented to you is protected by trademarks, copyrights, service marks, patents, or other proprietary rights and laws. Site Content may not be modified, distributed, copied, reproduced, downloaded, displayed, sold, transmitted, or republished in any form or by any means without the Company’s written permission. This does not apply to your own, legally posted user content. You may not upload or republish Site Content on an Internet, Intranet, Extranet site or any other database. Any use of the Site Content other than as specifically authorized without the prior permission of the Company is prohibited and will terminate the license granted. Unauthorized use could violate applicable laws including copyright and trademark laws and applicable communications, regulations, and statutes. This license is revocable at any time, without notice or cause.
6. USER CONTENT
Except for advertising Content, all Service and Site content are available for personal use. You are responsible for the photos, profiles, notes, text, information, listings, messages, and any other content you publish. You may not post any information, share, or transmit any information that you did not create or that you do not have permission to post. No materials submitted through your account will violate the rights of a third party, including trademark, copyright, privacy, publicity, or other personal propriety rights; material may not contain unlawful substance. Styleite may, but is not obligated to, review the site and delete or remove (without notice) Site Content or User Content with its own discretion and for any reason or no reason. You represent that you are the identifiable person in all submitted photos.
You agree not to do any of the following in connection with the Service:
a. publish content that us unlawful, harmful, infringing, abusive, libelous, fraudulent, invasive of privacy, defamatory, vulgar, obscene, hateful, or racially or ethnically lewd;
b. misrepresent yourself, your age, or your affiliation with any person or entity. You may not use or attempt to use another’s account without authorization from the Company;
c. harm minors, or intimidate, “stalk” or otherwise harass another;
d. impersonate any person or entity, including (but not limited to) any Styleite official, leader, guide or host;
e. forge or manipulate identifiers to disguise the origin of Content transmitted. You may not register for more than one user account, register for a user account on behalf of another individual other than yourself, or register for a user account on behalf of any group or entity;
f. collect or store personal information about other users, including email addresses or other contact information from the Service or the Site by electronic or other means for the purpose of distributing unsolicited information;
g. use the Service to solicit others for commercial purposes without prior written authorization from Styleite;
h. make available any Content that infringes on patent, trademark, copyright, trade secret, or other property rights of any party. You may not make public any private information of a third party, including addresses, phone numbers, email address, social security numbers, and credit card numbers;
i. use the service in any unlawful manner that could damage, impair, overburden, or disable the site. You may not disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other user’s ability to engage in real time exchanges;
j. use any automated means to access the Service for any purpose without Styleite’s written permission to bypass our robot exclusion files or other measures we take to prevent or restrict access to the Service;
k. violate any applicable local, state, national, or international law, including (but not limited to) regulations communicated by the U.S. Securities and Exchange Commission, or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. access the Service from territories where the contents are illegal or prohibited. Choosing to access the Service from other locations is your responsibility; do so at your own initiative and be responsible for compliance with all local rules concerning internet, data, email, privacy, or other terms;
m. provide support or resources to any organization(s) designated by the United States government as a foreign terrorist organization;
n. make available any unsolicited or unauthorized advertising, promotional materials, “spam,” “pyramid schemes,” “junk mail,” “chain letters,” or any other form of solicitation;
o. interfere with the Service or servers or networks connected to the Service, or disobey any policies or regulations of networks connected to the Service;
p. post or make available content that would encourage or provide instructions for a criminal offence, violate the rights of any party, or create violate any local, state, national, or international law
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
a. Other Users. Correspondence or participation in activities with other users are between you and said user. You agree that Styleite is not responsible for the availability, quality, or performance of services promised by other users. We are not liable for any Content, advertising, advices, opinions, products, or other materials that you may receive through such contacts; Styleite is not responsible for loss or damage of any sort due to the activities of such users on the Service.
b. Other Web Sites. Styleite does not endorse any Linked Sites or the information, material, products, or services contained within. Styleite does not express warranties in regard to the information, products, or services that are contained on or accessible through linked sites. You are liable for accessing these sites; access the information solely at your own risk.
c. Advertisers. Correspondence with advertisers found on or through the Service is solely between you and the advertiser. Styleite will not be held responsible for any loss or damage incurred as a result of such dealings with advertisers on or in connection with the Service.
8. Member Content
Styleite may not pre-screen Content, but it reserves the right to pre-screen, refuse, or remove any content that is made available through the Service. You acknowledge that Styleite may access and preserve your account information and Content if required to do so by law to comply with the Terms of Service, legal processes, requests for customer service, claims that Content violates the rights of third parties, and protection of the rights of Styleite, its users, and the public. Any information that violates the Terms of Service may be removed by Styleite with or without warning. You must be responsible for all information and bear the risks associated with the Content. You acknowledge that you may not rely on any Content created or submitted by Styleite. You understand that technical processing and transmission of the Service may involve transmission over various networks as well as changes to adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components permitting digital materials to be protected; the use of these materials is subject to rules set by Styleite and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all rules of your local jurisdiction regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Service (including your Styleite ID), use of the Service, or access to the Service.
11. MODIFICATIONS TO SERVICE
Styleite reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. This may include charging or ceasing to charge subscription fees to some or all users for some or all services. You agree that Styleite shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service or of any fees associated with it.
Styleite does not permit copyright infringing activities on the Service and reserves the right to terminate access to the Service and remove all Content submitted by any user who is found to be a repeat infringer. You agree that Styleite may, without cause or prior notice, and without liability to you or any third party, terminate your account and any associated email address. Any suspected fraudulent or illegal activity may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. Cause for such termination shall include, but not be limited to:
(a) a substantial period of inactivity,
(b) a request by you (self-initiated account terminations),
(c) discontinuance or material modification to the Service (or any part thereof),
(d) technical or security issues or concerns,
(e) violations of the Terms of Service or other agreements and guidelines,
(f) requests by law enforcement or other government agencies,
(g) nonpayment of any fees owed by you in connection with the Services,
(h) engagement by you in fraudulent or illegal activities,
(i) no cause at all.
Termination of your Styleite account includes:
a. removal of access to all offerings within the Service,
b. deletion of your password and all related information associated with your account (or any part thereof),
c. barring of further use of the Service. Further, you agree that all terminations for such cause shall be made at Styleite’s discretion and that Styleite will not be liable to you or any third party for termination of your account.
13. GENERAL PRACTICES REGARDING USE AND STORAGE OF INFORMATION
You acknowledge that Styleite may establish general practices and limits concerning use of its Service, including, without limitation, the maximum number of days that message board postings or other uploaded Content will be retained, the maximum disk space that will be allotted on Styleite’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Styleite has no responsibility or liability for deletion or failure to store any messages, other communications or other Content maintained or transmitted by the Service. You acknowledge that Styleite reserves the right to log off or disable accounts that are inactive for any extended period of time. You further acknowledge that Styleite reserves the right to modify these general practices and limits from time to time.
14. INTERSTATE NATURE OF COMMUNICATIONS
When you register with Styleite, you acknowledge that in using the Services to send electronic communications, you will be causing communications to be sent through Styleite’s computer networks. As a result, and also as a result of Styleite’s network and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to the Terms of Service, you acknowledge that use of the Service results in interstate data transmissions.
15. CONTENT MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Styleite does not claim ownership of Content submitted or made available for the Service. However, in order to display materials you provide on the Service and elsewhere, we need your permission. As such, by uploading, posting, publishing or otherwise transmitting Content to any online forum or other feature of the Service, or by submitting any Content or feedback (including, without limitation, improvements, suggestions, results, modifications, ideas, translations, discoveries, complaints, and observations) to the Service by any means, you grant Styleite a non-exclusive, worldwide, sub-licensable, royalty-free, fully paid, right and license to use, perform publicly, reproduce, publish, adapt, create derivative works of, modify, display publicly, and transmit such Submissions, including any and all publicity rights therein, in any form, medium, or technology now known or later developed, provided that:
(a) with respect to Submissions you make available for inclusion on publicly accessible areas of the Service. Styleite’s license shall terminate at the time you remove or Styleite removes such Content from public areas of the Service, but any sublicenses previously granted by Styleite to third parties shall remain;
(b) with respect to Submissions you make available for inclusion solely in areas of the Service which are not publicly accessible such licenses will be limited to use for the purpose for which the Content was provided;
(c) with respect to Submissions of text, the license shall be permanent and binding;
“Publicly accessible”, or “public” areas of the Service are those areas of Styleite network properties that are designated by Styleite to be available to the general public. However, publicly accessible areas of the Service would not include portions of Styleite sections that are limited to members, Styleite services intended for private communication such as Styleite Messenger, or areas off of the Styleite network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Styleite.
You agree to indemnify and hold harmless Styleite and its subsidiaries, agents, partners, affiliates, officers, employees, licensees and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, or otherwise make available through the Service, your use or misuse of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another member or user. Styleite reserves the right to assume the exclusive defense and control of any subject for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
17. STYLEITE’S PROPRIETARY RIGHTS
You acknowledge and agree that Content contained in advertisements or any information presented to you through the Service or by advertisers is protected by trademarks, copyrights, patents, service marks, or other proprietary rights and laws. You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Styleite or advertisers, you agree not to lease, loan, sell, modify, rent, distribute or create derivative works based on the Service or the Materials, in whole or in part.
Styleite grants you a personal, non-transferable and non-exclusive right and license to use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, assign, sublicense, code, reverse engineer, reverse assemble or otherwise attempt to discover any source, sell, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Materials in any manner or form, and not to use modified versions of the Software, including for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Styleite for use in accessing the Service.
18. USER DISAGREEMENTS
You alone are responsible for your personal involvement with other users. Styleite reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release Styleite, and all affiliations with Styleite, from claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a resident in California, you waive Civil Code Section 1542, claiming: “A general release does not extent to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
19. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above may not apply to you.
20. NO THIRD-PARTY BENEFICIARIES
You agree that there shall be no third-party beneficiaries to this agreement.
21. TRADEMARK INFORMATION
The Styleite name and Styleite logo are trademarks or registered trademarks of Styleite in the United States and other jurisdictions. You may not use or display in any manner the Styleite logo or name without Styleite’s prior written permission.
22. DISCLAIMER OF WARRANTIES
You understand and agree that:
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ANY DOWNLOADABLE CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STYLEITE, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT OF PROPRIETARY RIGHTS.
STYLEITE AND ITS AGENTS, PARTNERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, OFFICERS, AND LICENSORS MAKE NO WARRANTY THAT THE SERVICE, INCLUDING ANY RELATED DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE AND ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL:
a. meet your requirements;
b. be uninterrupted, error-free, secure, or timely;
c. meet your quality or other expectations;
d. yield results that are in any way accurate or reliable;
e. not correct any errors in the Service
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STYLEITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.
WHILE USING THE SERVICE, A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS ON A COMPUTER SCREEN. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS IN USERS WHO HAVE NO PRIOR HISTORY OF SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: LOSS OF AWARENESS, DISORIENTATION, ALTERED VISION, EYE OR MUSCLE TWITCHES, DIZZINESS, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
22. MODIFICATIONS AND NOTICE
Styleite reserves the right to modify, add, change, or remove portions of the Terms of Service at any time. Please periodically check the Terms of Service for changes. For any material changes, the amended Terms of Service will become effective upon the earlier of (a) your knowledge of the modifications, and (b) thirty (30) days after Styleite provides you notice thereof. For all other changes, the amended Terms of Service become effective immediately. Your continued use of the Service after the revised Terms of Service become effective constitutes your binding acceptance of all modified Terms of Service.
a. To You. Styleite may provide you with notices, including those regarding changes to the Terms of Service, including by but not limited to postings on the Service, email, United States mail, MMS, text message, SMS, or other reasonable means now known or hereinafter developed.
b. To Styleite. Legal notices shall be served on Styleite via United States mail at 584 Broadway, Suite 510, New York, NY 10012
c. Effective Date. Notice sent by electronic means, including by posting to the Service, will be deemed given 24 hours after it is sent, unless the sending party is notified that the communication failed or was invalid. Notice sent by United States mail will be deemed given three days after the date of mailing.
23. APPLICABLE LAWS AND DISPUTE RESOLUTION.
We operate the Service from our offices in New York, and we make no representations that information and materials included in the Site or Services are appropriate or available for use in other locations. Accessing the site from an illegal location is strictly prohibited.
If a dispute arises between you and Styleite, you and Styleite agree to resolve any claim which may arise from or relate to this Agreement or our Site or Services solely in accordance with the provisions set forth below or as we and you otherwise agree in writing.
(a) CLAIMS: you and Styleite agree that any cause of action arising out of these terms or the Styleite service must commence with one (1) year after the cause of action ensues. Otherwise, such cause of action is prohibited permanently.
(b) LAW AND FORUM FOR DISPUTES: This agreement is governed in all respects by the laws of the State of New York without reference to conflict of law provisions. You agree that any dispute you may have with Styleite will be resolved by a court located in the city of Manhattan, unless otherwise agreed by the parties or as described in the arbitration paragraph. You agree to submit to the jurisdiction of the courts located within the State of New York for the purpose of litigating all claims and disputes.
(c) ARBITRATION OPTION: For any claim (excluding claims for injunctive or equitable relief) where the total amount of the award sought is less than $10,000 the party requesting relief may choose to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In this event, they will initiate such arbitration through an established alternative dispute resolution provider, mutually agreed upon by the parties. The alternative dispute resolution provider and the parties shall abide by the following rules:
(i) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction
(ii) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration
(iii) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties
(d) IMPROPERLY FILED CLAIMS: All claims brought against Styleite must be resolved in accordance with this section, and any claims filed contrary to the section shall be deemed improperly filed. In case of an improperly filed claim, Styleite may recover reasonable attorneys’ fees and costs up to $1000, provided that Styleite has notified you in writing of the faulty claim, and you have failed to withdraw the claim immediately.
24. LIMITATION OF LIABILITY
a. IN NO EVENT WILL STYLEITE OR ITS CONTRACTORS, EMPLOYEES, AFFILIATES, LICENSEE, LICENSORS, AGENTS, OR THIRD–PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL HARM, DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
b. YOU UNDERSTAND AND AGREE THAT STYLEITE AND ITS OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STYLEITE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES), RESULTING FROM:
(i) THE USE OF OR THE INABILITY TO USE THE SERVICE;
(ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
(iv) THE COST OF OBTAINMENT OF GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED AND/OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
c. THESE LIMITATIONS WILL ALSO APPLY TO DAMAGES INCURRED BY REASON OF ANY SERVICES PROVIDED OR PRODUCTS SOLD BY THIRD PARTIES OTHER THAN STYELITE AND RECEIVED THROUGH ADVERTISING ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICE.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Styleite respects the intellectual property of others, and we ask our users to do the same. Styleite reserves the right to disable and/or terminate the accounts of users who are found to infringe upon the rights of others. If you are a copyright holder and believe that any content available through the Service infringes on your rights, or your intellectual property rights have been violated, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
(i) Identification of the copyrighted work claimed to have been infringed by a single notification, a representative list of such works at that site.
(ii) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(iii) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(iv) Identification of the material that is claimed to infringe and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to allow the service provider to locate the material.
(v) A statement that the complaining party holds reasonable belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Styleite’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
584 Broadway, Suite 510
New York, NY 10012
26. GENERAL INFORMATION
a. No Right of Survivorship and Non-Transferability: You agree that your account with Styleite is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon the receipt of a death certificate, your account may be terminated and all contents therein permanently deleted.
b. Statute of Limitations: You agree that regardless of any statute or law, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
c. Headers and Titles: The section titles in the Terms of Service are for convenience only and have no contractual or legal effect.
d. Entire Agreement: The Terms of Service, including any documents incorporated by reference herein, constitutes the entire agreement between you and Styleite and governs your use of the Service, superseding any former agreements between you and Styleite with respect to the Service and Terms of Service. You may be subject to supplementary terms and conditions that may apply when you use or purchase certain other Styleite services, affiliate services, third-party content or third-party software.
e. Assignment: You may not assign or transfer the Terms of Service or your rights, in whole or in part, by operation of law or otherwise, without our previous written consent. We may assign these Terms of Service at any time with or without notice.
f. Waiver and Severability of Terms: The failure of Styleite to enforce any rights or provisions of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of proficient jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as demonstrated in the provision, and the other provisions of the Terms of Service remain in effect.
g. Survival: Sections will survive any termination of these Terms.