StyleVise, Inc. Terms of Use
Introduction
The StyleVise.com website is a local online beauty resource with social networking capabilities. Creating a StyleVise account is free. As a visitor to the site, you do not need to create an account in order to browse questions, answers, public profiles or read the StyleVise blog. However, to use certain parts of our websites or take advantage of certain StyleVise services, you may be required to complete a registration form and provide the requested information about you.
The StyleVise service is offered by StyleVise, Inc. (“StyleVise”) and includes the StyleVise.com website (the “Website”) and any other features, functions or content we offer in connection with the Web site (collectively, the “Service”).
These terms of use (“Terms of Use”) constitute a binding agreement between StyleVise and you governing your use of the Service. By using the Service, you agree to be bound by all of the terms and conditions of the Terms of Use, regardless of whether you use the Service to post any of your own materials or to view materials posted by other people.
StyleVise reserves the right to modify the Terms of Use at any time. Your continued use of the Service after StyleVise modifies the Terms of Use will mean you agree to the Terms of Use as modified. If you do not agree to any modification, you must stop using the Service immediately. You should return to this page on a regular basis to view any modification to the Terms of Use.
Basic Conduct
- You hereby certify that you are at least 13 years of age. You must be at least 13 years of age to register with the Website.
- You must not provide a false birthday or age.
- For purposes of identification, you must provide StyleVise with accurate, complete, and updated information required by the registration to the Service - a valid email address and date of birth. Please see our Privacy Policy, which is incorporated in this Agreement by reference, for further information concerning the personal information collected and received on StyleVise.
- You must not impersonate any person or entity, including, but not limited to, a StyleVise official, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You are responsible for any activity that occurs under your username.
- You are responsible for keeping your password secure. When you join StyleVise, you are asked to choose a password. You are responsible for maintaining the confidentiality of your password. You agree not to disclose your password to any third party. You will hold StyleVise harmless for any damage arising from a third party accessing the Service using a password you disclosed.
- You must not abuse, stalk, harass, threaten, impersonate or intimidate other StyleVise users.
- You must not harm minors in any way.
- You may not use the StyleVise Website for any illegal or unauthorized purpose.
- You are solely responsible for your conduct and any data, text, information, usernames, graphics, photos, profiles, links (“Content”) that you submit, post, and display on the StyleVise Website. You understand that all Content posted to the Web site or otherwise transmitted via the Service is the sole responsibility of the individual who originally posted the Content, and that your sole recourse for any damage you may suffer as a result of such content shall be to such individual. You agree that StyleVise will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service, and you hereby release StyleVise there from. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
- You must not modify, adapt or hack the StyleVise Website or modify another website, for any purpose, to include, but not limited to falsely implying that it is associated with StyleVise.
- You must not create or submit unwanted email to any StyleVise members (“Spam”).
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of StyleVise, violate any laws in your jurisdiction (including but not limited to copyright laws).
Published Content
When you publish your Content on the Service, you grant StyleVise a temporary license to “rebroadcast” it. We need this license to be able to show your Content to other members and visitors.
By publishing Content, you grant StyleVise a worldwide, royalty-free, and non-exclusive license to reproduce, modify, distribute, transmit, publicly perform and publicly display the Content (as well as permit others - including without limitation StyleVise’s co-brand, content and syndication partners - to do the same) solely for the following purposes:
- Displaying, distributing and promoting StyleVise
- Promoting and marketing StyleVise’s products and services and general operation of the StyleVise Service
- Promoting and marketing the products and services of StyleVise’s partners and affiliates
- Promoting and marketing products and services related to your Content.
This license exists only for as long as the Content remains published on StyleVise and only for as long you remain a StyleVise member, except that you grant StyleVise a continuing perpetual license and right to maintain a copy of your StyleVise account and Content for archival purposes. This archival copy is not posted publicly on the StyleVise system; it is maintained solely so that StyleVise may recover content and restore accounts (in case of errors or system failure) or cooperate with law enforcement in order to make the StyleVise service safer. Except for this license for archival use, in the event that you remove the Content from Your StyleVise Site or in the event that your membership is terminated, this license shall expire either immediately or upon termination of any promotional or marketing activities ongoing at the time.
Violation of any of these agreements will result in the termination of your StyleVise.com account. While StyleVise prohibits such conduct and content on its site, you understand and agree that StyleVise cannot be responsible for the Content posted on its Website and you nonetheless may be exposed to such materials and that you use the StyleVise.com service at your own risk.
General Conditions
- StyleVise reserves the right to take appropriate legal action against anyone who uses the Service in violation of the Terms of Use. Whenever StyleVise learns of any use of the Service in violation of or that may be in violation of any applicable law, StyleVise may report this to law enforcement authorities and otherwise cooperate with such authorities in their investigation.
- We reserve the right to modify or terminate the StyleVise.com service for any reason, without notice at any time.
- We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via StyleVise's internal messaging service. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
Copyright
All content created by StyleVise, its partners, or its suppliers and included on the Service, such as text, logos, graphics, images, javascript code, HTML code, and other software, is the property of StyleVise, Inc. (or its partners or suppliers).
Indemnity
You agree to indemnify and hold StyleVise, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, damage, claim or demand, including reasonable attorney fees, arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another, whether you are a registered user or not. You are solely responsible for your actions when using the Service, including, but not limited to, costs incurred for Internet access.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STYLEVISE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) STYLEVISE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE OR ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) AND THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STYLEVISE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STYLEVISE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STYLEVISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
APPLICABLE LAW AND
VENUE
The laws of the State of Montana will govern the Terms of Use, without
giving effect to any principles of conflicts of laws. Use of the
Website indicates agreement that proper venue is in Gallatin County,
Bozeman, Montana.
ATTORNEY FEES
In any action brought to enforce this Terms of Use, reasonable attorney
fees shall be awarded to the prevailing party.