StyleCart Inc. Terms of Service

Acceptance of Terms

The website at the domain StyleandShare.com (the “StyleandShare Website”, or “Website”) is owned and operated by StyleCart Inc. (hereafter “StyleCart”, “we”, “our”, or “us”). “You” or “your” means an adult user of the Website acting independently or as parent or guardian for any minor whom you allow to access the Service and for whom you will be held strictly responsible.

You can review the most current version of the Terms at any time at: http://www.StyleandShare.com/Terms.html. StyleCart may also offer other services that are governed by different Terms of Service. In such a case, the Terms of Service applicable to those services shall be posted at the applicable World Wide Web site.

BY USING AND/OR VISITING THIS WEBSITE, INCLUDING ALL CONTENT AVAILABLE THROUGH THE STYLEANDSHARE.COM DOMAIN NAME, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service” or “Terms”) AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY. If you do not agree to any of these terms, then please do not use the StyleandShare Website.

The StyleandShare Service

StyleandShare currently provides users with access to a collection of resources comprising shopping services, and other internet services (the “Service”). You understand and agree that the Service is provided “AS-IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings. You are responsible for obtaining access to the Service and you must provide and are responsible for all equipment or third party fees (such as Internet Service Provider fees) necessary to access the Service.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Your Registration Obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any required Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

StyleandShare Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.StyleandShare.com/privacy.html.

Member Account, Password, and Registration

You may receive a password and account designation upon completing the registration process required for certain Services. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. We do not control the Content posted by users via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intentionally or unintentionally violate any applicable local, state, national or international law; or collect or store personal data about other users.

You acknowledge that we may or may not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. 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 acknowledge, consent and agree that StyleCart may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of StyleCart, its users and the public.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Content Submitted or Made Available for Inclusion on the Service

With respect to Content you submit using the Service, or make available for inclusion on publicly accessible areas of the Service (for example, layouts of items in carts), you make no claim of ownership. Furthermore we have the perpetual and irrevocable rights to use, distribute, sell, license, sublicense, reproduce, modify, create derivative work of, adapt, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

Indemnity

You agree to indemnify and hold StyleCart, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

General Practices Regarding Use and Storage

You acknowledge that we may establish general practices and limits concerning use of the Service, including, by way of example only, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any Content, data or other Content maintained or transmitted by the Service. You acknowledge that we reserve the right to remove accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.

Modifications to Service

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that StyleCart shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

You agree that we may, under certain circumstances and without prior notice, immediately terminate your StyleandShare account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.

Dealings with Third Parties

Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Service (for example, merchants with which the Service is affiliated), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.

Our Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. All Site software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Materials”) are the property of StyleCart Inc. and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. You further acknowledge and agree that Content contained in information from affililiates, sponsors, or other third parties and presented to you through the Service or sponsors, affiliates, or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by StyleCart, you agree not to copy, modify, rent, lease, loan, sell, reproduce, republish, upload, post, transmit, distribute or create derivative works based on the Service, Software or Materials, in whole or in part.

StyleCart grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer via remote access through the World Wide Web; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by StyleCart for use in accessing the Service.

Disclaimer of Warranties

You expressly understand and agree that: Your use of the Service is provided on an “as is” and “as available” basis. StyleCart expressly disclaims all warranties of any kind, whether express or implies, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. StyleCart makes no warranty that (i) the Service will meet your requirements, (ii) 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) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or (v) any errors in the Software will be corrected.

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 that results from the download of any such material. No advice or information, whether oral or written, obtained by you from StyleCart or through or from the Service shall create any warranty not expressly stated in the Terms.

Limitation of Liability

You expressly understand and agree that StyleCart shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, date or other intangible losses (even if StyleCart 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.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections “Disclaimer of Warranties” and “Limitation of Liability” may not apply to you.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Terms, there shall be no third party beneficiaries to this Agreement.

Notice

We may provide you with notices, including those regarding changes to the Terms, by either email or postings on the applicable Web page where you access or use the Services. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

We respect the intellectual property of others, and we ask our users to do the same. StyleCart may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe the intellectual property rights of others. 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 notify us by email: info@StyleCart.com

General Information

Entire Agreement. The Terms constitute the entire agreement between you and StyleCart and govern your use of the Service, superceding any prior agreements between you and StyleCart. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other StyleCart services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms and the relationship between you and StyleCart shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

Waiver and Severability of Terms. The failure of StyleCart to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms are for convenience only and have no legal or contractual effect. VIOLATIONS.

Please report any violations of the Terms to info@StyleCart.com

Copyright 2007 StyleCart Inc.