Terms
StyleMob™ is an Internet
service (the “Services”) that allows users to create community around
street fashion. StyleMob is owned and operated by Glam Media, Inc. (“Glam Media”).
By accessing or using any of the Services associated with or provided
through StyleMob, you expressly agree to be bound by the following terms
and conditions of these Terms of Services. Glam Media may modify these
Terms of Services at any time, and such modification will be effective
immediately upon either posting of the modified Terms of Services or
notifying you by other means.
1. StyleMob™ - Use
of Services
(a) Use
of the Services is limited to non-commercial, personal and private use
only. Any use for commercial gain is expressly prohibited.
(b) You
agree to be solely responsible for any authorized or unauthorized access
to your account by any person. You represent and warrant to Glam Media
that: (i) you are over the age of thirteen (13), have the power and
authority to comply with the terms of these Terms of Services and to
perform your obligations under the terms of these Terms of Service;
(ii) you will comply with all terms and conditions of these Terms of
Service; and (iii) you have provided and will provide accurate and complete
registration information.
(c) Each
time you upload a file on StyleMob, you represent and warrant that you
own or otherwise control the rights or have the necessary consents to
do so, and you grant every other StyleMob user the right to download
and use such file.
(d) You
expressly agree that you are solely responsible for any and all acts
and omissions that occur under your account or password, and you agree
not to engage in unacceptable use of the Service, which includes, without
limitation, use of the Services to: (i) interfere, disrupt or attempt
to gain unauthorized access to other accounts on the Services or any
other computer network; (ii) disseminate, store or transmit viruses,
trojan horses or other malicious code or program; or (iii) engage in
any other activity deemed by Glam Media to be in conflict with the spirit
of these Terms of Services.
(e) You
acknowledge and agree that from time to time the Services may be inaccessible
or inoperable for any reason, including, without limitation: (i) equipment
malfunctions; (ii) periodic maintenance procedures or repairs which
Glam Media may undertake from time to time; or (iii) causes beyond the
control of Glam Media or which are not reasonably foreseeable by Glam Media.
(f) You
may engage in conferences and chats, download and upload files and otherwise
use the Services as permitted by these Terms of Service and applicable
law. Files that you upload, public messages that you send and your activity
in conferences and chats are subject to review, modification and deletion
without notice by the forum manager responsible for the StyleMob area
where you're uploading or other activity takes place (or by an individual
designated by such forum manager for such purpose). Files uploaded to
a BBS may be subject to posted limitations on usage, reproduction and/or
dissemination, and you are responsible for adhering to such limitations
if you download them.
(g) You
are responsible for your communications and your use of the Services.
As such, you may not, under any circumstances, do any of the following:
(i) post or transmit any message which is libelous or defamatory; (ii)
post or transmit any message, data, image or program which is obscene
or pornographic; (iii) post or transmit any message, data, image or
program that would violate the property rights of others, including
unauthorized copyrighted text, images or programs, trade secrets or
other confidential proprietary information, and trademarks or service
marks used in an infringing fashion; (iv) use the Services to
threaten, harass, stalk, abuse, or otherwise violate the legal rights
(including rights of privacy and publicity) of others; (v) upload or
download files that contain software or other material protected by
intellectual property laws, rights of privacy or publicity, or any other
applicable law unless you own or control the rights to such files or
have received all necessary consents; (vi) upload files that contain
a virus or corrupted data; (vii) delete any author attributions, legal
notices or proprietary designations or labels in a file that you upload
through the Services; (viii) falsify the source or origin of software
or other material contained in a file that you upload to StyleMob; (ix)
falsely purport to be an employee or agent of StyleMob or Glam Media;
(x) cause repeated disruptive incidents; (xi) act, or fail to act, in
your use of Services, in a manner that is contrary to applicable law
or regulation; or (xii) engage in any other activity deemed by the Glam Media
to be in conflict with the spirit or intent of this Agreement.
(a) Your
access to and use of the Services is licensed and not sold. Provided
that you agree to be bound by the terms and conditions of these Terms
of Service, Glam Media agrees to provide you with a personal, non-transferable
and non-exclusive license to access and use the Services for non-commercial
purposes.
(b) The
entire contents of StyleMob (including all contents contained therein)
are copyrighted as a collective work under the laws of United States
and other copyright laws. Glam Media holds the copyright in the collective
work. The collective work includes works that are the property of the
information providers which are also protected by copyright and other
intellectual property laws. You may display and, subject to any expressly
stated restrictions or limitations relating to specific material, download
portions of the material from the different areas of StyleMob solely
for your own non-commercial use, unless otherwise permitted (e.g., in
the case of electronic coupons, etc). Any redistribution retransmission
or publication of any copyrighted material is strictly prohibited without
the express written consent of the copyright owner. You agree not to
change or delete any proprietary notices from materials downloaded from
StyleMob. You may not use any Glam Media logo or any other proprietary
graphic or trademark without Glam Media's express written permission.
(c) By submitting images
and other communications to public areas of StyleMob (“User Submissions”),
you hereby grant Glam Media a worldwide (because the Internet and the
Services are global in reach), non-exclusive (meaning you are free to
license your Content to anyone else in addition to StyleMob), royalty-free
(meaning that Glam Media is not required to pay you for the use on the
StyleMob of the User Submission that you post), sublicenseable (so that
Glam Media is able to use its affiliates and subcontractors such as Internet
content delivery networks to provide the Services) and transferable
license to use, reproduce, distribute, prepare derivative works of,
display, and perform the User Submissions in connection with the StyleMob
Website and Glam Media's (and its successor's) business, including without
limitation for promoting StyleMob or the Services and redistributing
part or all of the User Submissions (and derivative works thereof) in
any media formats and through any media channels. You also hereby grant
each user of the StyleMob Website a non-exclusive license to access
your User Submissions through the Services, and to use, reproduce, distribute,
prepare derivative works of, display and perform such User Submissions
as permitted through the functionality of the Services and under these
Terms of Service. The foregoing license granted by you terminates once
you remove or delete a User Submission from the StyleMob. For clarity,
you retain all of your ownership rights in your User Submissions, including any design ideas expressed therein.
(d) By submitting ideas, comments, suggestions, documents, and/or proposals ("User Comments") to StyleMob through the Services, you agree that Glam Media shall be entitled to use or disclose (or choose not to use or disclose), without any restriction or limitation, such User Comments for any purpose, in any way, in any media worldwide. You acknowledge and agree that: (a) your User Comments do not contain confidential or proprietary information; (b) Glam Media is not under any obligation of confidentiality, express or implied, with respect to the User Comments; (c) Glam Media may have under consideration or in development something similar to the User Comments already; and (d) you are not entitled to any compensation or reimbursement of any kind from Glam Media under any circumstances.
You agree and acknowledge
that you have no expectation of privacy with respect to the Internet
in general. For more information on Glam Media's privacy policy,
please visit www.stylemob.com/static.php?page=privacy.
4. Content
Glam Media reserves complete
and sole discretion with respect to the operation of StyleMob. Glam Media
may, among other things, withdraw, suspend or discontinue any functionality
or feature of StyleMob. Glam Media may, in its complete and sole
discretion, review uploaded files, conferences, BBSs, forums, and chats
and authorize restrictions on access thereto.
You are encouraged to
use discretion while browsing the Internet using links initiated at
StyleMob. StyleMob links may lead unintentionally to sites containing
information that some people may find inappropriate or offensive. It
may also lead to sites which contain inaccurate information, false or
misleading advertising, or information which violates copyright, libel
or defamation laws. Glam Media and information providers make no representations
concerning any effort to review all or any of the content of sites listed
in StyleMob or provided through the Services.
You acknowledge that
your participation in on-line communications occurs in real time and
is not edited, censored, or otherwise controlled by Glam Media.
Glam Media cannot and does not screen content provided by you through
the Services. Notwithstanding the foregoing, Glam Media reserves the right
to monitor content on StyleMob and to remove content, which Glam Media,
in its sole discretion, determines to be harmful, offensive, or otherwise
in violation of these Terms of Service.
Statements made in websites,
newsgroups, message boards, email, forums, conferences and chats reflect
only the views of their authors. Forum managers, forum hosts, content
providers, information providers or merchants appearing on StyleMob
are not authorized Glam Media spokespersons, and their views do not necessarily
reflect those of Glam Media.
Glam Media, in our sole
discretion, reserves the right (a) to terminate any users account, with
or without notice, for any or no reason; (b) to remove or disable access
to all or any portion of the Services or StyleMob; (c) to suspend any
user's access to or use of all or any portion of the Service; and
(d) to remove any content from Glam Media's servers at any time, with
or without notice, for any or no reason.
6. Notice And Procedure For Making
Claims Of Copyright Or Intellectual Property Infringement
Glam Media respects the
intellectual property of others, and we ask our users to do the same.
Glam Media may, in appropriate circumstances and at its discretion, disable
and/or terminate the accounts of users who may be repeat infringers.
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please refer to our
Copyright Policy
for further information and instructions.
GLAM MEDIA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.
Furthermore, Glam Media
disclaims (a) any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or availability or operability
of information or materials displayed on StyleMob or any of its subpages;
(b) any and all responsibility for the conduct of any user of the Services
or any visitor of StyleMob; (c) any and all responsibility for the deletion,
failure to store, misdelivery, or untimely delivery of any information
or material; and (d) disclaims any and all responsibility for any harm
resulting from downloading or accessing any information or material
on the Internet through the Service, StyleMob or any of its subpages.
SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLAM MEDIA
MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE,
ERROR-FREE, ACCURATE, RELIABLE OR WILL IN ANYWAY MEET YOUR REQUIREMENTS
OR EXPECTATIONS.
8.
Limitation of Liability; Indemnification
UNDER NO CIRCUMSTANCES
WILL GLAM MEDIA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICE,
THE USE OF STYLEMOB, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION,
YOUR USE OR INABILITY TO USE THE SERVICES; ANY CHANGES TO OR INACCESSIBILITY
OR TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS
TO OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY MATERIAL OR DATA SENT
OR RECEIVED OR NOT SENT OR NOT RECEIVED; ANY TRANSACTION OR AGREEMENT
ENTERED INTO THROUGH THE SERVICES; OR ANY DATA OR MATERIAL FROM A THIRD
PERSON ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS
ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT GLAM MEDIA
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION
OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF AND RELIANCE ON GLAM MEDIA, THE SERVICES, OR STYLEMOB, NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST
EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES,
YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR
USE OF THE SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT
APPLY TO YOU.
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY GLAM MEDIA, ITS STOCKHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION,
CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT,
DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY'S
FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM
OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR STYLEMOB.
These Terms of Services
are effective as of the time you first access StyleMob and shall continue
in full force and effect until terminated as set forth herein.
Subject to Section 5, you may terminate your access of StyleMob or your
use of the Services at any time. In the event you have registered
for an account to use the Service, once you terminate your membership,
you shall have no further rights or privileges to use the Services.
The terms of Sections 2, 4, 7, 8, 9 and 10 shall survive any termination
or expiration of these Terms of Services.
10. Miscellaneous
These Terms of Services
shall be governed by and construed in accordance with the laws of the
State of California. You agree that any legal action or proceeding between
Glam Media and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a court of competent
jurisdiction sitting in San Francisco County, California, United States.
No waiver of any term, provision or condition of these Terms of Service,
whether by conduct or otherwise, in any one or more instances, shall
be deemed to be, or shall constitute, a waiver of any other term, provision
or condition hereof, whether or not similar, nor shall such waiver constitute
a continuing waiver of any such term, provision or condition hereof.
No waiver shall be binding unless executed in writing by the party making
the waiver. These Terms of Services constitutes the complete and exclusive
statement of the agreement between the parties with respect to the Services
and supersedes any and all prior or contemporaneous communications,
representations, statements and understandings, whether oral or written,
between the parties concerning the Services. If any action in law or
in equity is necessary to enforce the terms of these Terms of Service,
the prevailing party will be entitled to reasonable fees of attorneys,
accountants, and other professionals, and costs and expenses in addition
to any other relief to which such prevailing party may be entitled.
The provisions of these Terms of Services are severable, and in the
event any provision hereof is determined to be invalid or unenforceable,
such invalidity or unenforceability shall not in any way affect the
validity or enforceability of the remaining provisions hereof. No provisions
of these Terms of Services are intended, nor will be interpreted, to
provide or create any third party beneficiary rights or any other rights
of any kind in any user, client, customer, affiliate, or any party hereto
or any other person unless specifically provided otherwise herein, and
except as so provided, all provisions hereof will be personal solely
between the parties to these Terms of Service; except that Section 8
is intended to benefit Glam Media and its stockholders, officers, directors,
employees, and agents. Glam Media may assign its rights and duties under
these Terms of Services to any party at any time without notice to you.
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