These Terms govern how claims you and Stylicist have against each other can be brought and will require you to submit claims you have against Stylicist to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services or purchase any of the offered products.
We may revise these Terms from time to time, and will always post the most current version on our website. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address, which you may do when you create an account, and you may update it by modifying the information when logged in to your account. For existing users of the Services, any changes to these Terms will be effective five (5) calendar days following our posting of the changes on our Services. These changes will be effective immediately for new users of the Services. Continued use of the Services, including purchasing products from us, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Stylicist is a wardrobe organizer, outfit recommender, and an apparel marketplace, offering a convenient option for managing wardrobe, shopping, and selling or donating quality new and secondhand clothing, shoes, and accessories. Please email us at email@example.com for additional detailed information on how our Services work.
Stylicist S.L. is owner of website ("Website") www.stylicist.com and the mobile application ‘Stylicist’ (“App”). The Website contains data, text, logos, graphics, photographs, graphs, sounds, images, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, all of which are arranged and compiled (all of the above "Information" or “Content”) is either owned or licensed by the Company. The Website and App contains both public and restricted areas. Only persons who have registered as members or users or agents with the Company and who have been issued a user identification and password have a license to access the restricted areas. Areas of the Website and App that are accessible by non-members are called "Public Area". Your use of this Website and APP and access to the Information is expressly conditioned upon your agreement that all such access and use shall be governed by the terms set forth in this Agreement. Accordingly, you hereby acknowledge and agree as follows:
You are hereby granted a non-transferable, non-sublicenseable, limited, revocable, right and license to access and make use of the Website and App for your own exclusive benefit and solely for the purposes intended by the Website and App ("License"). The scope of your License right and use of the Website's and App’s facilities is determined by the membership level for which you have registered. If it is intended that the Website, App, and Information contained therein be used by users (whether persons or entity) other than you, you will require a separate License for each such said user.
In order to use our Services, you must register an account with Stylicist directly or through a third party service (a "TPS") such as, but not limited to, Facebook, Google, Instagram, Amazon, or Twitter. By enabling TPS access, you are allowing us to pass your login information to these service providers for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TPS account. You can revoke our access to any TPS at any time by disconnecting your TPS account via your Stylicist account.
Please remember that the manner in which a TPS uses, stores and discloses your information is governed solely by the policies of such TPS and Stylicist shall have no liability or responsibility for the privacy practices or other actions of any TPS that may be enabled within the Service.
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for Company or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on Company. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org
Stylicist does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under the legal age of majority in your jurisdiction (usually 18), you may use the Services only with involvement of a parent or guardian. By using the Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Services. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age.
You also represent and warrant that you (a) have not previously been suspended or removed from the Service; (b) do not have more than one account; and (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Stylicist reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created under these Terms or your use of the Services.
ACCESS TO THE SERVICES.
Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the Website, and which are selected by you through the process provided on the Website, solely for your own use, and not for the use or benefit of any third party. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
The Website and Services are offered by Company from its facilities in Spain. Company makes no representations that the Website or Services are appropriate or available for use in other locations. Users who access or use the Website or Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
WEBSITE AND APP CONTENT
The Website is protected by copyright as a collective work and/or compilation, pursuant to Spanish and foreign copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Website for download, for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice. You shall not link to the Website without Company’s prior written consent.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services.
Appearance of products on the website does not guarantee store inventory availability. Inventory can change very quickly throughout the day. While we make every attempt to ensure that prices are listed accurately, we assume no responsibility for accuracy of price information. To verify availability and pricing, please call the retailer directly. If you find pricing or availability errors, please email us at email@example.com
You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that Company does not endorse or guarantee any user blogs or other Content and you may not state or imply any such endorsement or guarantee. Company shall have no obligation to monitor any user generated content, however, Company and its agents reserve the right to monitor user generated content and blogs from time to time and may remove or block any content on the Website or through the Services, including disabling access to content that you have downloaded through the Services.
YOUR WARRANTY – COMMUNICATIONS AND OTHER CONTENT
By using the Services, you may submit various forms of media content and written communications as well as suggestions, ideas, comments, questions, or other information (collectively, "Submissions"); You warrant, represent and agree that you will not contribute any Content (including, without limitation, anything in connection with your account or blog(s)) or otherwise use the Website or the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, libelous, or otherwise objectionable; (iv) misrepresents the source or identity of any content; (v) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code, or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Company. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Stylicist reserves the right to remove or edit such Submission, but does not regularly review posted Submissions. You acknowledge and agree that any Submissions provided by you to us are non-confidential and shall become the sole property of Stylicist. Stylicist shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If Stylicist does include Your Content, or any part thereof, you are deemed to have granted Stylicist a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, and fully assignable and sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from Your Content, and distribute and display Your Content throughout the world on any media.
You undertake that Your Content does not infringe on any third party's intellectual property rights (including without limitation, such party's patents, copyright, trademarks, trade secrets and/or any such other similar rights), or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You will indemnify Stylicist, its shareholders, officers and/or employees and consultants for all claims and/or action made or brought by a third party resulting from Company use of Your Content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Stylicist for all claims resulting from content you supply. Stylicist has the right but not the obligation to monitor and edit or remove any activity or content. Stylicist takes no responsibility and assumes no liability for any content posted by you or any third party. Stylicist, in any event, reserves the right (but not the obligation) to remove or edit Your Content, at its discretion and without requirement of any notice to you.
Stylicist reserves the right to, but no obligation to, and may from time to time, monitor any and all data transmitted or received through the Website or App. Stylicist, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which the Stylicist, deems inappropriate or that violates any term or condition of this Agreement. During monitoring, data may be examined, recorded, copied, and used by Stylicist. Use of the Website or App by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.
Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing comments and/or content on the Website and Services:
- If a comment is made using your identity or screen name it will be deemed to have been posted by you.
- Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
- Do not make false or misleading statements.
- Do not offer to sell or buy any product or service, or post links to third party websites, unless expressly authorized to do so by Company in connection with a feature on the Website.
- Do not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
- Do not post information that you know to be confidential or sensitive or otherwise in violation of any law, statute, rule, ordinance or regulation.
- Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.
You are responsible for all of your activity in connection with the Services and accessing the Website or App. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user. Use of the Website, App, or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Website, or any processes that run or are activated while the you are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Service infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website is strictly prohibited. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity on the Website.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Website or App; what Content you access via the Website or App (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Website or App. The Website or App may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Website or App, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website or App. Company makes no representations or warranties regarding the accuracy of size, quality, colors or textures displayed anywhere on the Website, or regarding suggestions or recommendations of services or products offered or purchased through the Website or App (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services), or that the Website or any Content will be uninterrupted or error-free. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Company or others unless otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In using the Website or App you hereby authorize Stylicist to collect personally identifying information and other data about you. You agree that Stylicist can use your personal identifying information, including but not limited to, your IP address, your e-mail address and the scope of business, as well as details regarding a specific transaction which you may be interested in, for statistical, editorial, transactional, promotional, or marketing purposes, unless you expressly request that your information not be used in such manner. Notwithstanding the foregoing, in any event that you register to the Website using your credit card, you hereby unequivocally authorize Stylicist to use and furnish your applicable information to the applicable credit card company. Furthermore, in the event that during your registration process you enter a "Coupon No." or “Invitation code”, which you have received from a Stylicist agent and/or a third party acting on its behalf, you hereby unequivocally authorize Stylicist to inform such agent of your registration. Stylicist may place a "cookie" in the browser files of your computer.
TRANSACTIONS AND PRICING
There is no fee to join Stylicist or minimum monthly commitment for basic Services. However, in order to access Restricted Area (depending on the account) or to make a purchase using the Services, you must have a valid payment method on file with us and we will make applicable fees monthly from the payment method mentioned in the account. Company reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Company reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Website. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges. You are responsible for paying all fees and applicable taxes associated with our Services. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging other payment methods on file with us, retaining collection agencies and for accounts over 180 days past due, deducting the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make additional purchases, Stylicist will store and update (e.g. upon expiration) your payment method on file.
The strikethrough or “Original” price shown next to any listed item represents the estimated original retail price of a comparable item of the same quality, construction and material offered elsewhere in new condition. If more than one strikethrough price is shown, the highest-priced strikethrough price next to the item represents the estimated original retail price referenced above and the lower-priced strikethrough price represents the original listed price on Stylicist. While we acknowledge that pricing is not an exact science, we strive to provide fair and accurate pricing information. If the comparison price is an important factor in your purchasing decision, we recommend that you do your own comparison shopping.
Unfortunately, at times pricing or typographical errors may occur. Stylicist cannot confirm the price of an item until after you order the item. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, we reserve the right, at our sole discretion, to refuse or cancel any orders placed for that item. Prices and availability are subject to change without notice.
To the fullest extent permitted by law, we reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at our sole discretion.
For additional information on transactions and pricing, please email us at firstname.lastname@example.org
While we attempt to be as accurate as possible, Stylicist does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor's display of any color or style will be accurate. If a product offered by Stylicist is not as described, your sole remedy is to return it in unused condition.
For additional information on our products, please contact us at email@example.com
Return and Refund Policy
Stylicist doesn’t sell any products owned directly by them; we are a platform for fashion brands and retailers to market their products or for users to sell their used/new clothes second hand. In either case, Stylicist cannot guarantee the authenticity, pricing, quality, and delivery of the items. All Return and Refund policies are dictated by each individual user or fashion brand. Kindly ensure to read their policies before purchasing anything on Stylicist.
Stylicist may offer you the option to elect to donate all or a portion of the contents of your wardrobe. By electing to donate, you authorize Stylicist and/or its affiliates to receive your donation on behalf of the charity partner. At its discretion, Stylicist and/or its affiliates may elect to purchase all or a portion of the contents of your Wardrobe from the charity partner whereupon the proceeds of such transaction will be transferred to the charity partner.
For additional information on donations, please email us at firstname.lastname@example.org
Intellectual Property Rights
You acknowledge and agree that the Services may contain images and descriptions of fashion items and other content (collectively, "Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Stylicist you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology underlying the Services (including the Software distributed in connection therewith) is the property of Stylicist, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). Any rights not expressly granted herein are reserved by Stylicist.
Stylicist is a registered company in Spain. These and any other Stylicist product or service names or slogans displayed through the Services are Intellectual Property of Stylicist. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Stylicist is the service mark, logo, slogan, trademark and/or trade dress of Stylicist you may not copy, imitate or use it, in whole or in part, without our prior written consent. Other company, product, and service names and logos used and displayed through the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Stylicist and may not be used without permission. Any use of such marks, or any others displayed on through the Services, will inure solely to the benefit of their respective owners.
Stylicist respects the intellectual property of others. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please contact us at email@example.com
When contacting for an Alleged Infringement, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
When you use our Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By creating an account, you agree that you may receive communications from us, such as newsletters, promotions, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the "Unsubscribe" link in the footer of the actual email.
With respect to your use of the Services and Website, you agree that you will not:
- a. impersonate any person or entity;
- b. stalk, threaten, or otherwise harass any person, or carry any weapons;
- c. violate any law, statute, rule, permit, ordinance or regulation;
- d. interfere with or disrupt the Services;
- e. post information through, or interact with, the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- f. use the Services in any way that infringes any third party's rights, including but not limited to: privacy rights, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- h. "frame" or "mirror" any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
- i. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services;
- j. rent, lease, lend, sell, redistribute, license, sublicense or access to any portion of the Services;
- k. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
- l. link directly or indirectly to any other web sites;
- m. transfer or sell your account, password and/or identification to any other party;
- n. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation,
- o. cause any third party to engage in the restricted activities above;
- p. use the Website and Services for any unlawful purposes;
- q. sell, resell, sublicense, distribute, transfer, copy, reproduce, publicly display, duplicate, or download (other than page caching), the Website or Services, or any part thereof;
- r. collect information (including without limitation, any product listings, descriptions, photos, images, or prices), as listed on the Website or included in the Services [unless as permitted by Section "Communications and Other Content"];
- s. adapt, modify and/or make any derivative modifications to the Website or the Information, or any part thereof;
- t. download or copy any account and/or information from the Website or Services, or any part thereof, for the benefit of another person, entity, vendor and/or merchant;
- u. use any meta tags or any other "hidden text" utilizing Stylicist name or trademarks or any third party's name or trademarks without the express written consent of Stylicist or the applicable third party.
- v. publish and/or use unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, language, text, photos, graphics or howsoever otherwise publications, on the Website;
- w. collude against another person in restraint of trade and competition;
- x. create a hyperlink to the Website, or any page of the Website, without Stylicist's express written consent; or
- y. imply affiliation with or endorsement or sponsorship by Stylicist, or cause confusion, mistake, or deception in connection therewith.
Release and Indemnity
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend 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." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold Stylicist and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (the " Stylicist Parties"), harmless, from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your misuse of the Services; (b) any Submissions you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) your violation of these Terms; and (d) your violation of any rights of another (e) or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. You agree to promptly notify the Stylicist Parties of any third party claims, cooperate with the Stylicist Parties in defending such claims and pay all fees, costs [including non statutory costs] and expenses associated with defending such claims (including but not limited to attorneys' fees). You further agree that the Stylicist Parties shall have control of the defense or settlement of any third party claims.
Limitation of Liability and Disclaimer
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY STYLICIST ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. STYLICIST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STYLICIST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. STYLICIST DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, STYLICIST'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM STYLICIST ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
STYLICIST IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY SERVICE (INCLUDING WITHOUT LIMITATION THE WARDROBE, OUTFIts, AND COMBINATIONS), OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING.
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement. YOU AGREE THAT COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND/OR REPRESENTATIVES, SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, APP, AND INFORMATION FOR ANY REASON WHATSOEVER.
THIRD PARTY WEBSITES
By using the Website or App, you expressly relieve Company from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
Dispute Resolution; Binding Arbitration; Class Action Waiver
Informal Dispute Resolution
In the event you wish to initiate an action, we strongly encourage you to first contact us directly to seek a resolution by sending an email at firstname.lastname@example.org
If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:
- 1. to Stylicist S.L. at: Stylicist Attn: Legal Department, Rambla del Brazil 57, 4/2, Barcelona, Spain 08028, or
- 2. to you at: your last-used billing address or the billing and/or shipping address in your online profile.
You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, A DISPUTE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION in Barcelona, Spain. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their Disputes by an independent arbitrator, rather than by a judge and jury. In an arbitration, only the arbitrator hears the evidence presented by both sides and makes a decision that is final and binding on the parties. The arbitrator may award damages and provide other relief as provided by law. By agreeing to arbitrate any Disputes with us, you agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute, You and Stylicist expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You may begin an arbitration proceeding by sending a letter requesting arbitration to Stylicist S.L.: Attn: General Counsel, Rambla del Brazil 57, 4/2, Barcelona, Spain 08028. Stylicist will reimburse those fees for claims totaling less than $5,000. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
In lieu of arbitration, either you or Stylicist may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
Waiver of Right to Bring Class Actions and Representative Claims
All arbitrations shall proceed on an individual basis, not on a class action or other consolidated basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not be joined with, or otherwise affect, any other Dispute. You agree that you may bring claims against Stylicist in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Spanish Laws. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
With the exception of the Arbitration Agreement, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by either you or Stylicist. You agree that Stylicist, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services at any time. Any suspected fraudulent, abusive, explicit, vulgar, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Stylicist may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Stylicist may immediately block, deactivate or delete your account and/or bar any further access to the Service. Further, you agree that Stylicist shall not be liable to you or any third-party for any termination of your access to the Service.
Stylicist may terminate this Agreement and the License rights immediately without notice for any of the following reasons:: (a) if you fail to make any payment when due; (b) for any unauthorized access or use by you; (c) if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (d) if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the Website; (e) if you transmit or receive any Information using the Website (or cause the same) in violation of this Agreement (Stylicist, at its sole discretion, shall determine whether any information transmitted or received violates this provision); or (f) if you violate any of the other terms and conditions of the Agreement. Termination or cancellation of this Agreement shall not affect any right or relief to which the Stylicist may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Stylicist.
Stylicist reserves the right to modify the terms and conditions of this Agreement. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Website or App. Stylicist may also add, withdraw or modify Services or Information within the Website at any time in its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under this Agreement on the day Stylicist places them on the Website or App. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
These Terms shall be governed by the Spanish laws without regard to choice of law principles. These Terms are for the benefit of, and will be enforceable by, the parties only and are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. You agree that these Terms and all incorporated agreements may be automatically assigned by Stylicist, in our sole discretion.
Except as explicitly stated otherwise, any notices to STYLICIST shall be given by certified mail, postage prepaid and return receipt requested to Stylicist S.L., Rambla del Brazil, 57, 4/2, Barcelona, Spain 08028. Any notices to you shall be provided to you through the Services or given to you at the email address or physical address you provide to Stylicist during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party's failure to act with respect to a breach by the other party does not constitute a waiver of the party's right to act with respect to subsequent or similar breaches.
If there is any conflict between the Agreement and any help text, manuals, or other documents, the Agreement shall govern, whether such other documents are prior to or subsequent to this Agreement, or are signed or acknowledged by any member of the Company parties.
If Stylicist takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, and is awarded damages or other relief at law or in equity in the action, Stylicist shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, attorney's fees incurred and any costs, including non-statutory costs, of any litigation, or proceeding.
To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Services or Website contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued.
If you have any questions regarding the Services, please visit our Support Center or Contact Us or email us at email@example.com