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Terms of Use StyleOwner


STYLEOWNER'S PUBLIC TERMS OF USE


These terms and conditions govern your access to and use of the StyleOwner website.


This is an agreement ("Agreement") between you and StyleOwner, Inc. ("StyleOwner", "we", "our" or "us"), a Delaware corporation whose principal place of business is located at 450 Seventh Avenue, Suite 209, New York, NY 10123. Your access and use of the Website is further subject to any other written agreement between you and StyleOwner, the terms of which are incorporated herein by reference and which control in the event of a conflict. This Agreement may be changed from time to time without StyleOwner providing notice to you, and any such changes will be effective immediately upon posting. Your further use of the Website shall indicate your consent to such changes. You should periodically check the Website for the most current Agreement terms and conditions. You may contact StyleOwner by e-mail at privacy@StyleOwner.com with questions about the terms and conditions of this Agreement.



ELIGIBILITY TO USE THE WEBSITE


You represent and warrant that you (i) are fourteen (14) years of age or older; and (ii) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party. If you are under the age of 18, you may make purchases only with the involvement of a parent or guardian. All purchases must be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Website, to the extent permitted by law.


REGISTRATION


 


If you choose to provide any information or fill out any forms on the Website, you agree to (i) provide true, accurate, current and complete information; and (ii) maintain and promptly update the information you provide to StyleOwner in order to keep your profile true, accurate, current and complete.


 


 


LIMITED LICENSE AND RESTRICTIONS ON USE


 


StyleOwner grants you a revocable, non-exclusive, non-transferable, limited right to access and use the Website for your personal use to seek employment for yourself, provided that you comply fully with this Agreement, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. At any time and for any reason StyleOwner may revoke your right to use all or any portion of the Website. You shall not:


- modify, delete, copy, reproduce, repackage, publish, broadcast, license, transmit, distribute, display, perform, redeliver, frame, create derivative works from, participate in the transfer or sale of, post on the web, or exploit the Website, or any portions thereof, including, without limitation, any text, images, articles, photographs, illustrations, audio, video clips, graphics, interfaces, information, data, tools, products, and other content or other materials on, generated by or obtained from the Website (together, "Content"), without our express written permission;


- violate or attempt to violate the security of the Website in any way through any means or device including, without limitation, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of this Agreement;


- decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website; or


- remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Website.


 


 


CONTRIBUTED CONTENT AND RESTRICTIONS ON POSTING


 


In connection with your use of this Website, you may have occasion to upload or otherwise contribute ideas, comments, editorials, writings, communications, drawings, images, data or other types of content ("Contributed Content") to the Website.


 


You grant to StyleOwner a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any Contributed Content that you post on or through the Website, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. You waive all rights you may have to inspect and/or approve of any use by StyleOwner of any Contributed Content. You waive all rights to any claim against StyleOwner for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Contributed Content. You agree and understand that StyleOwner is under no obligation to use any Contributed Content in any way whatsoever.


 


Contributed Content is not guaranteed by StyleOwner as to accuracy, completeness, or usefulness, and StyleOwner does not endorse any Contributed Content. It is the responsibility of the Website users to evaluate the accuracy, completeness or usefulness of any Contributed Content.


 


You agree not to upload, post or otherwise make available on the Website, whether Contributed Content or otherwise:


- any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree and acknowledge that you have the burden of determining whether any material is or is not protected by copyright;


- any material that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, hateful or otherwise injurious to third parties (such as any content that would violate the privacy or publicity rights of others);


- any material that would mislead as to the origin of your Contributed Content, such as by impersonating any person or entity, living or dead;


- false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters;


- advertisements or solicitations of business; or


- trade secrets (unless you own them or have the owner's permission to post them).


 


By submitting Contributed Content, you warrant that the owner of such Contributed Content has expressly granted to StyleOwner a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Contributed Content and any ideas or original materials contained in such communications, in all media now known or hereafter developed. You also permit any other user of the Website to access, view, store or reproduce the Contributed Content for that user's personal use.


 


StyleOwner has the right, but not the obligation, to monitor any content posted on our Website to determine compliance with our Terms of Service and/or to satisfy any law, regulation or government request.


 


StyleOwner has the right, in its sole discretion, to edit, refuse to post or remove any Contributed Content submitted to or posted on the Website including, but not limited to, content that is unlawful, threatening, libelous, defamatory, obscene, pornographic, graphic, or otherwise objectionable.


 


PASSWORD AND USER IDS


 


To log onto the Website, you need to select a password and user ID, and you may be supplied with other methods required to access the Website and/or your account, such as an activation code ("Access Methods"). You are solely responsible for the confidentiality and security of your Access Methods. You are responsible for all activities that occur under your Access Methods and/or account and may not share your login details with others. StyleOwner is not obligated to inquire as to the authority or propriety of any use of, or action taken under, your Access Methods and/or account, or any other security breaches you become aware of. You must immediately notify StyleOwner of any actual or suspected loss, theft or unauthorized use of your Access Methods. StyleOwner will not be responsible for any loss to you that arises from any use of your account or your Access Methods or from your failure to comply with these provisions.


 


OWNERSHIP; INTELLECTUAL PROPERTY POLICY; INFRINGEMENT NOTICE


 


StyleOwner owns, controls, licenses or has the right to use and provide the Webite and all Content on the Website. The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. StyleOwner owns the copyright in the entire Website, including, a copyright in the selection, coordination, arrangement and enhancement of the Website. You agree to abide by any and all copyright notices, information or restrictions displayed on the Website.


 


The Website may also contain trademarks, service marks, brand names, certification marks, collective marks, d/b/a's, Internet domain names, logos, symbols, trade dress, assumed names fictitious names, trade names, and other indicia of origins (collectively, ?Marks?) that are owned by StyleOwner or by the Brands, and you may not use any such marks without StyleOwner's or the Brands' written permission. You shall not purchase search engine keywords that use any StyleOwner Marks or Marks of any Brands, or any derivations thereof.


 


Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, StyleOwner designates the agent described below to receive notifications of claimed copyright infringement by mail:


 


The designated copyright agent can also be reached by telephone at 888-STYLE-6 and by e-mail at copyright@styleowner.com


Please include the following in your notice:


- the physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


- a description or identification of the copyrighted work you claim has been infringed;


- a description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it;


- your address, telephone number, and e-mail address;


- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and


- a statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.


 


Repeated violations of others' copyrights may result in a loss of privileges.


 


 


HOW TO ORDER MERCHANDISE THROUGH THE SITE


 


After placing an order, you will receive an email from StyleOwner acknowledging that StyleOwner has received your order. You may also receive email confirmation from the Brand (generally, "Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to a Brand to buy a product. All orders are subject to acceptance by a Brand, and each applicable Brand will confirm such acceptance to you by sending you an email confirming the shipment of your order (?Shipping Confirmation?). A contract with applicable Brands will only be formed when you are sent the Shipping Confirmation from each such Brand. Such contract will relate only to those products whose shipment the applicable Brand(s) has confirmed in the Shipping Confirmation. Neither StyleOwner or a Brand will be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. Each of StyleOwner and an applicable Brand reserves the right to cancel your order at any time before such Brand has accepted it and a Brand may rescind its acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in a Brand's or its third party fulfillment provider's inventory.


 


 


PRICES AND AVAILABILITY OF PRODUCTS


 


Prices and availability of products on the Website are subject to change without notice. Errors will be corrected when discovered. The Website contains a large number of products and it is always possible that, despite StyleOwner?s best efforts, some of the products listed on the Website may be incorrectly priced. If a product?s actual price is higher than the price stated on the Website, StyleOwner will normally, at StyleOwner's discretion, either contact you for instructions before completing the order and delivering the product, or it will reject your order and notify you of such rejection. StyleOwner is under no obligation to provide the product to you at the incorrect (lower) price, even if StyleOwner has sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.


 


On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. Under such circumstances, you agree that StyleOwner may cancel your order after you have received an Order Confirmation without penalty.


 


On very rare occasions, you may receive a Shipping Confirmation from StyleOwner, but the product is no longer available in the Brand's inventory. You agree that StyleOwner may rescind StyleOwner acceptance and cancel your order without penalty if the Brand is unable to ship the product you ordered due to unavailability.


 


 


SHIPPING


 


Upon receipt of the Shipping Confirmation from a Brand or Brands, pursuant to the contract between you and the Brand or Brands, shipping or fulfillment of all orders placed on the Website shall be solely governed by the shipping term of the Brand or Brands. The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, the Brands will endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, Brands commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, any notification to you that your order has shipped marks the time when shipping of an individual item has commenced; it does not mean that all items in the order or from all Brands have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. Subject to the terms of the Brand or Brands, and as further detailed in your Shipping Confirmation from the Brand or Brands, you agree that your credit card or debit card may be charged on the date of inventory reservation for the order, not necessarily upon shipping of the order.


 


 


RISK OF LOSS


 


All items purchased via the Website are made pursuant to the terms of purchase of the item's respective Brand. Typically, these terms are contained in the Shipping Confirmation. Accordingly, the risk of loss and title for items purchased pass to you upon tender of the item by the Brand to the carrier, or as otherwise provided in the Shipping Confirmation from the Brand to you.


 


 


CONFLICT


 


In the event of a conflict between any of this Agreement and those terms and conditions disclosed on the Brand's site or in the contract between you and the Brand, the ones disclosed by the Brand will apply and control.


 


ALLOCATION OF LIABILITY


 


You acknowledge and agree that StyleOwner is offering the opportunity to provide items for sale via this Website for the benefit of the various Brands, as agent for such Brands, and that this Agreement governs only access to and use of the Website and the relationship between StyleOwner and you, and any orders placed with Brands will be governed by such applicable agreements as may exist between the applicable Brand and you. Accordingly, with respect to satisfaction of obligations and liabilities arising under or pursuant to orders placed with Brands, you shall only have recourse with the applicable Brand and shall not have recourse, whether by setoff or otherwise, in respect of such obligations or liabilities to or against StyleOwner. For the avoidance of any doubt, you acknowledge that once you receive Shipping Confirmation from a Brand or Brands, a contract has been formed between you and the Brand or Brands alone; StyleOwner shall not be a party to such contract, and StyleOwner shall have no liability with respect to any contract formed between you and a Brand or Brands. Your sole recourse shall remain with the Brand or Brands.


 


LINKS


 


StyleOwner is not responsible for information on any third party web Website that is referred in, or accessible or connected by hyperlink to, the Website. If you access any third party web Website through the Website or otherwise, you do so at your own risk. Hyperlinks to or from the Website do not constitute third party endorsement of, sponsorship by or affiliation with StyleOwner.


 


PRIVACY POLICY


 


Personal nonpublic information that StyleOwner gather from you is governed by StyleOwner's Privacy Policy. You expressly consent to the terms and conditions of the Privacy Policy.


 


 


CHANGES TO WEBSITE


 


StyleOwner may change all or any portion of the Website at any time without notice to you.


 


UNAVAILABILITY OF THE WEBSITE


 


StyleOwner is not liable for any technological problems regarding the Website and any impact that it may have. All or any portion of the Website may not be available and may not function properly at any time. StyleOwner makes reasonable efforts to avoid technological problems, but at any time the Website may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. StyleOwner make reasonable efforts to ensure that the Website is secure, but StyleOwner do not guarantee the security of the Website. StyleOwner is not liable for any defects, delays or errors in or resulting from your use of the Website.


 


WARRANTY DISCLAIMERS


 


STYLEOWNER DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE THAT THE LAW ALLOWS IT TO DISCLAIM. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, STYLEOWNER DO NOT WARRANT THE SECURITY, AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE WEBSITE OR ANY PART OF THE CONTENT.


LIABILITY AND INDEMNITY


STYLEOWNER'S LIABILITY WITH RESPECT TO THE WEBSITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL STYLEOWNER OR ANY OF OUR AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF THIS AGREEMENT, THE WEBSITE, OR THE INABILITY TO USE THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF STYLEOWNER, OR AN AUTHORIZED REPRESENTATIVE, HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


YOU WILL BE RESPONSIBLE FOR ANY LIABILITY TO STYLEOWNER THAT ARISES OUT OF YOUR BREACH OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STYLEOWNER AND ITS AFFILIATES, AGENTS, EMPLOYEES AND THIRD PARTY SOURCES AGAINST ANY AND ALL SUITS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) THAT ARISE FROM OR RELATE TO: YOUR USE OF THE WEBSITE, YOUR BREACH OF THIS AGREEMENT, YOUR VIOLATION OF ANY APPLICABLE LAW, STATUTE, ORDINANCE, REGULATION OR OF ANY THIRD PARTY'S RIGHTS, CLAIMS ASSERTED BY OR BETWEEN YOU AND ANY BRAND OR BRANDS, OR CLAIMS ASSERTED BY THIRD PARTIES WHICH, IF PROVEN, WOULD PLACE YOU IN BREACH OF THIS AGREEMENT.


 


 


APPLICABLE LAW


 


This Agreement is governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate State or Federal court located in New York County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts.


 


SEVERABILITY


 


If any provision of this Agreement are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this Agreement shall remain in full force and effect.


 


 


ASSIGNMENT


 


StyleOwner may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations under this Agreement. Any purported assignment of this Agreement in violation of its terms is void.


 


 


FORCE MAJEURE


 


StyleOwner shall not be deemed to be in breach of this Agreement and shall have no liability hereunder if its obligations are delayed or prevented by any reason of any act of God, war, fire, floods, earthquakes, natural disaster, accident, riots, acts of government, civil disturbance, terrorist act, shortage of materials or supplies, failure of any transportation or communication system, non-performance of any of your third party providers (including, without limitation, the failure or performance of internet service providers) or any cause beyond its reasonable control.


 


 


YOUR CONSENT FOR NOTICES


 


You agree that StyleOwner has the right to send you certain information in connection with the Website. StyleOwner may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Website. You may have the right to withdraw this consent under applicable law, but if you do, StyleOwner may cancel your rights to the Website. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Website, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Website.


 


 


AVAILABILITY OUTSIDE OF THE UNITED STATES


 


The Content or the Contributed Content may not be available for use outside of the United States. StyleOwner makes no representation that any Content or any Contributed Content is appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Website from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

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