Styloot

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Terms of Service

Terms of use

Last Updated Date: Feb 12 2012

Welcome to Styloot!

Styloot, Inc. (“Styloot “, “our”, “us” or “we”) provides Styloot, an online service that allows users to search for, discover, create, view and shop for fashion items (the “Services”) through our website, accessible at www.styloot.com (the “Site”), and our application for mobile devices (the “Application”).

Please read carefully the following terms and conditions ("Terms") and our Privacy Policy (). These Terms govern your access to and use of the Site, Application and Services and all Site Content (defined below), and constitute a binding legal agreement between you and Styloot.

Key Terms related to Content

"Content" means text, graphics, images, music, software, audio, video, information or other materials.

"Styloot Content" means all Content that Styloot makes available through the Site, Application or Service, including any Content licensed from a third party, but excluding Member Content.

"Member" means a person that completes Styloot’s account registration process, as described under "Account Registration" below.

"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

"Site Content" means Member Content and Styloot Content.

“Shop” means the virtual shop from which users can follow links to the third party vendors carrying those items.

Certain areas of the Site and Application (and your access to or use of certain Services or Site Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, Site Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services or Site Content.

How Styloot works

We make multiple services available on this site including, but not limited to - aggregating various merchants that sell items of fashion, watches, clothes, jewelry, clothing, shoes, sunglasses and handbags to create a virtual shop. Customers can search for or discover in our virtual catalog/shop items through a visual search, or byy photographs posted by them or by browsing member content or Styloot content. Customers can click-through from our site to the sites of the merchants to buy the products and other like services.

We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

You acknowledge and agree that, by accessing or using the site, application or services or by posting any member content on the site, application or through the services, you are indicating that you have read, understand and agree to be bound by these terms, whether or not you have registered with the site and application. if you do not agree to these terms, then you have no right to access or use the site, application, services or site content.

Modification

Styloot reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Application or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or through the Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and the Services.

Eligibility

The Site, Application and Services are intended solely for persons who are 13 or older. Any access to or use of the Site, Application or Services by anyone under 13 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 13 or older.

Account Registration

In order to access certain features of the Site, Application and Services and to post any Member Content on the Site, Application or through the Services, you must register to create an account ("Account"). You must register with Styloot through your account with certain third party social networking services, including, but not limited to, Facebook and Twitter (collectively, "SNS"). When you register through your SNS account, you will be asked to login to the Services using your SNS account credentials. By creating an Account via your account with an SNS, you are allowing Styloot to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. If you are not currently registered as a Member and you click to login with an SNS, you will first be asked to enter your SNS credentials and then be given the option to register and join Styloot. Members can automatically post recent activity back to the applicable SNS, and Members also have the option to disable the connection between their Styloot Account and SNS account at any time by accessing the SNS account and disconnecting access to the Services.

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Styloot reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Styloot of any unauthorized use of your Account.

Ownership

The Site, Application, Services and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Styloot and its licensors exclusively own all right, title and interest in and to the Site, Application, Services and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services or Site Content.

Application License

If you decide to use the Application, subject to your compliance with the terms and conditions of these Terms, Styloot grants you a limited non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use such Application on a mobile device that you own or control, solely for your personal and non-commercial purposes. Styloot reserves all rights in the Application not expressly granted to you by these Terms. If you download the Application from the iTunes store, you agree that you will only use the Application as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

Styloot Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Styloot grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Styloot Content solely for your personal and non-commercial purposes. Subject to your compliance with the terms and conditions of these Terms, Styloot grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content solely for your personal and internal business purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application, Services, or Site Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Styloot or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content through the Site, Application or Services, you hereby grant to Styloot a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Application or Services. Styloot does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Styloot the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Styloot’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

Intellectual Property Information

Copyright © July01, 2011 Styloot Inc (Owner of Styloot.com) All Rights Reserved.

The following are registered trademarks, trademarks or service marks of Styloot Inc (Owner of Styloot.com) or its Affiliates: Styloot.com, Styloot.com Logo, Find your Style caption. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Styloot Inc (Owner of Styloot.com) or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Styloot Inc (Owner of Styloot.com) or its Affiliates.

Conduct on site

You agree not to do any of the following:

- Post, upload, publish, submit, provide access to or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.

- Use, display, mirror or frame the Site or Application, or any individual element within the Site or Application, the Styloot name, any Styloot trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;

- Access, tamper with, or use non-public areas of the Site or Application, our computer systems, or the technical delivery systems of our providers;

- Attempt to probe, scan, or test the vulnerability of any Styloot system or network or breach any security or authentication measures;

- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Styloot or any of our providers or any other third party (including another user) to protect the Site, Application or Site Content;

- Attempt to access or search the Site, Application, Site Content or download Site Content from the Site or Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Styloot or other generally available third party web browsers;

- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

- Use any meta tags or other hidden text or metadata utilizing a Styloot or Styloot trademark, logo URL or product name without Styloot’s express written consent;

- Use the Site, Application or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application, or Site Content to send altered, deceptive or false source-identifying information;

- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Site Content.

- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Application;

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Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission;

- Impersonate or misrepresent your affiliation with any person or entity;

- Violate any applicable law or regulation; or

- Encourage or enable any other individual to do any of the foregoing.

Styloot will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Styloot may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Styloot has no obligation to monitor your access to or use of the Site, Application, Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Styloot reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Styloot, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Disclaimers

The site, application, services and site content are provided "as is", without warranty of any kind, either express or implied. without limiting the foregoing, Styloot explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Styloot makes no warranty that the site, application, services or site content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Styloot makes no warranty regarding the quality of any products, service or site content obtained through the site, application or services or the accuracy, timeliness, truthfulness, completeness or reliability of any site content obtained through the site, application or services.

Advice or information, whether oral or written, obtained from Styloot or through the site, services, content or member content, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services. you understand that Styloot does not screen or inquire into the background of any users of the site, application or services, nor does Styloot make any attempt to verify the statements of users of the site, application or services. Styloot makes no representations or warranties as to the conduct of users of the site, application, or services or their compatibility with any current or future users of the site, application or services. you agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, particularly if you decide to meet offline or in person.

Indemnity

You agree to defend, indemnify, and hold Styloot, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Application, Services or Site Content, (ii) your Member Content, or (iii) your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and site content remains with you. neither Styloot nor any other party involved in creating, producing, or delivering the site, application, services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the site, application, services, site content , or from any communications, interactions or meetings with other users of the site, application or services or other persons with whom you communicate or interact as a result of your use of the site, application or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Styloot has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Styloot’ aggregate liability arising out of or in connection with these terms or from the use of or inability to use the site, application, services or site content exceed one hundred dollars ($100). the limitations of damages set forth above are fundamental elements of the basis of the bargain between Styloot and you. some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Styloot Application from iTunes

The following applies to any Application accessed through or downloaded from the Apple iTunes Store ("iTunes Sourced App"):

- You acknowledge and agree that (i) these Terms are concluded between you and Styloot only, and not Apple, and (ii) Styloot, not Apple, is solely responsible for the iTunes Store Sourced App and content thereof. Your use of the iTunes Store Sourced App must comply with the App Store Terms of Service.

- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Application with respect to the iTunes Store Sourced App.

- In the event of any failure of the iTunes Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the iTunes Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes Store Sourced App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Styloot.

- You and Styloot acknowledge that, as between Styloot and Apple, Apple is not responsible for addressing any claims by you or any third party relating to the iTunes Store Sourced App or your possession and use of the iTunes Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

- You and Styloot acknowledge that, in the event of any third party claim that the iTunes Store Sourced App or your possession and use of that iTunes Store Sourced App infringes that third party’s intellectual property rights, as between Styloot and Apple, Styloot, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

- You and Styloot acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the iTunes Store Sourced App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the iTunes Store Sourced App against you as a third party beneficiary thereof.

Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the iTunes Store Sourced App.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Governing Law

This site (excluding any linked sites) is controlled by us from our offices within the Delaware, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Delaware, by accessing this site both of us agree that the statutes and laws of the State of Delaware, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Delaware with respect to such matters.

Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at hello@styloot.com, if by email, or at Styloot Inc (Owner of Styloot.com) Athens Terrace, Cambridge, MA 02138 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.