StyleSaint is a living, breathing shrine dedicated to the creative geniuses behind its pages of images, quotes, art and photography. This site was built with pure intentions and genuine love for what you create. We have a dedicated team working to properly credit and tag each image in an effort to recognize the creator and grow their awareness. If at any time you feel that we have misused your content, simply send an email to SaintAllison@stylesaint.com and I'll immediately correct the problem. Thank you for making the world a more beautiful place.
Changes to Site and Terms
StyleSaint may add to, change or remove any part of the Site, including, without limitation, the Widget (as defined below) and/or any Site Content, at any time without prior notice to you. StyleSaint also reserves the right to modify these Terms at any time. When we make changes to the Terms, we will revise the “Last updated” date at the top of the Terms and we will notify you of the changes by posting such changes on the Site or by sending you an email. We encourage you to review these Terms whenever you visit the Site. By continuing to access and use the Site after any such changes have been posted, you are indicating your acceptance of such changes, even if you have not reviewed the changes.
YOU MUST BE AT LEAST 13 YEARS OF AGE OR OLDER TO USE THE SITE, WIDGET, SITE CONTENT AND TO PURCHASE PRODUCTS OR USE SERVICES OFFERED THROUGH THE SITE, WHICH ARE NOT INTENDED FOR CHILDREN UNDER 13. IN ACCORDANCE WITH THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998, IF WE DISCOVER THAT A CHILD UNDER THE AGE OF 13 HAS PROVIDED US WITH PERSONALLY IDENTIFYING INFORMATION, WE WILL REMOVE IT FROM OUR SYSTEMS IMMEDIATELY.
By accessing or using the Site, Widget, Site Content or purchasing any products or using any services offered through the Site, you represent, acknowledge and agree that you are over the age of 13, and you further represent and warrant that: (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of this Site does not violate any applicable law, rule or regulation. Your account may be terminated without warning if we believe that you are under the age of 13 and using the Site, Widget, Site Content and/or purchasing any products or using the services offered through the Site.
Password Restricted Areas of this Site
You can view all of the Site Content without creating an account, however, in order to access some features of the Site, including to install and use the Widget (as defined below), post any User Content (as defined below) on the Site and follow other users of the Site, you will have to create an account. You may never use another Site user's account without such user’s permission. When creating your account, you agree to provide accurate and complete information. You are solely responsible for any activity that occurs under your account, and you are responsible for maintaining the confidentiality of your account password(s). You agree to notify StyleSaint immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account and the losses of StyleSaint or others due to such unauthorized use. StyleSaint will not be liable for your losses caused by any unauthorized use of your account. You agree that you will not misrepresent yourself or represent your self as another user of the Site, the Widget and/or the services offered through the Site.
Licenses and Intellectual Property Rights
StyleSaint provides tools and services on and through the Site that allow users of the Site to create, design and layout personal pages (“StyleBooks”) that comprise a collection of StyleSaint Content (as defined below) and your and other Site users’ User Content (as defined below).
Certain information and features provided on and through the Site, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos and interactive features that are not User Content (as defined below) (the “StyleSaint Content") are the copyrighted and/or trademarked work of StyleSaint or StyleSaint’s contributors and third party partners. StyleSaint Content on the Site is provided to you “AS IS.” StyleSaint hereby grants you a limited, personal, revocable, non-exclusive and non-transferable license, without the right to sublicense, to: (i) use the Site and the services on this Site solely for your personal, noncommercial use and (ii) access, view, display, download and print any StyleSaint Content to create your StyleBook solely for your personal, non-commercial use only and (iii) link to, use, copy, publicly display, publicly perform and distribute the StyleSaint content only as incorporated into your StyleBook and solely for with your personal, noncommercial use, on condition that you include or, if applicable, do not remove: (1) the original creator’s or content owner’s attribution, legal or other proprietary notices, designations or labels of the origin or source of the applicable StyleSaint Content and (2) the URL link to the original source of the applicable StyleSaint Content. Except as expressly set forth herein, you may not use, copy, adapt, modify, prepare derivative works based upon, distribute, transmit, broadcast, perform, display, sell, license or otherwise exploit any part of the Site or the StyleSaint Content for any purposes whatsoever without StyleSaint's prior written consent.
StyleSaint makes the “Tear It” social bookmarking tool available on the Site so that you may upload User Content to the Site (the “Widget”). Subject to your compliance with these Terms, StyleSaint grants you a limited, personal, non-exclusive, non-transferable, world-wide license to install and use the Widget solely for your personal, noncommercial use and solely for the purpose of uploading User Content to the Site.
You may not copy, modify, adapt any code, reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code of the Widget or any source code that comprises the Site’s software, nor insert any code or product to manipulate the Site or the Widget in any way that affects any Site user’s experience. The limited licenses granted herein terminate automatically, without notice to you, if you breach any of these Terms. Upon termination of the limited licenses, you agree to immediately: (i) cease using the Site and the Widget and (ii) to destroy any downloaded or printed StyleSaint Content and/or remove any links to the StyleSaint Content, including, without limitation, your StyleBook. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, the Widget or any StyleSaint Content.
StyleSaint is a trademark of StyleSaint in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary notices incorporated in or accompanying the Site, Widget StyleSaint Content (including any downloaded or printed versions thereof) or any services provided through the Site.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of StyleSaint, Copyright © 2013 StyleSaint, Inc. All rights not expressly granted herein are reserved by StyleSaint. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
You acknowledge that you are responsible for the text, files, images, photos, videos, sounds, works of authorship or other content uploaded, submitted, posted, created or otherwise made available by you on the Site, including without limitation, through the use of the Widget or on any bulletin boards or blogs on or linked to the Site (“User Content”) and the hosting and publishing of such User Content on the Site and any Third Party Sites (as defined below). You understand that whether or not such User Content is published, StyleSaint does not guarantee any confidentiality with respect to any User Content. You agree that any User Content provided and/or created by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Please note that, generally, User Content will be accessible by other users on the Site and may be incorporated and used into portions of other user’s personal pages on the Site and Third Party Sites (as defined below). Please be sure that any information you post on any area of the Site is information that you are comfortable with sharing with others. StyleSaint has complete discretion whether to accept or reject your User Content.
You shall be solely responsible for your own User Content and the consequences of posting or publishing all of your User Content. You represent and warrant that: (i) you own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize StyleSaint to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use thereof as contemplated by the Site and these Terms; (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or StyleSaint’s Use of the User Content (or any portion thereof) on or through the Site, Widget and/or in connection with the products or the services offered through the Site will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
YOU RETAIN ALL OF YOUR OWNERSHIP OF COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY USER CONTENT OR OTHER INFORMATION YOU SUBMIT TO STYLESAINT (EXCLUDING FEEDBACK (AS DEFINED BELOW). However, by submitting the User Content to StyleSaint, you hereby grant StyleSaint a worldwide, irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free, transferable license (with the right to sublicense) to link to, use, copy, publicly perform, publicly display, distribute, adapt, modify and prepare derivative works of and otherwise exploit the User Content in connection with the Site, Widget and products or services offered through the Site and StyleSaint's (and its successors’) business, including without limitation to grant access to the Site to third parties to view, modify, edit, alter and create derivative works of your User Content. You agree that StyleSaint may exercise the license granted by you without notice, payment or attribution, provided that, unless otherwise mutually agreed by you and StyleSaint, StyleSaint agrees to include or, if applicable, not to remove: (1) the original creator’s or content owner’s attribution, legal or other proprietary notices, designations or labels of the origin or source of the applicable User Content and (2) the URL link to the original source of the applicable User Content.
You also hereby grant each user of the Site or other viewer of the User Content a worldwide, irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free, transferable right to link to, use, copy, publicly perform, publicly display and distribute your User Content (or any portion thereof) for such user’s personal, non-commercial use, including, without limitation, incorporating portions of your User Content into their personal StyleBooks on the Site, on condition such user includes or, if applicable, does not remove: (1) the original creator’s or content owner’s attribution, legal or other proprietary notices, designations or labels of the origin or source of the applicable User Content and (2) the URL link to the original source of the applicable User Content. In addition, StyleSaint may also incorporate third party content, including advertising and sponsorships, on, in and/or around you personal page and/or User Content.
When submitting User Content to or otherwise using this Site, the Widget, Site Content and/or the services offered through the Site, you agree not to, without limitation:
- Copy other users’ Stylebooks or other User Content without giving the creator of the applicable content proper attribution in accordance with, and as required by, the attribution requirements set forth in these Terms.
- Falsify or delete any creator’s or content owner’s attributions, legal or other proprietary notices, designations or labels of the origin or source of the applicable content or any original source URL links associated with the applicable content.
- Upload personal photos of other people without their consent.
- Upload photos of you unless you are okay with them being publicly viewed and used by other users of the Site, including, without limitation, as part of such user’s personal StyleBooks.
- Impersonate or misrepresent your affiliation with any person or entity.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post, upload, publish, submit, provide access to or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law, rule or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Use any robot, spider, robot, crawler, data minding tool, scraper or other like automated engine, software, tool, agent, device or mechanism to access or search the Site or any content on the Site or download any content from the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Alter the opinions or comments posted by others on this Site.
- Use, display, mirror or frame the Site, or any individual element within the Site, the StyleSaint name, any StyleSaint trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.
- Access, tamper with, or use non-public areas of the Site or the Widget, our computer systems, or the technical delivery systems of our providers.
- Collect or harvest any personally identifiable information, including, without limitation, account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit for commercial purposes any users of the Site with respect to their User Content. User-posted commercial advertisements, affiliate links and other forms of solicitation or profiteering may be removed from your account without notice and result in the termination of your account.
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Widget, or content on the Site to send altered, deceptive or false source-identifying information.
- Attempt to probe, scan, or test the vulnerability of any StyleSaint’s system or network or breach any security or authentication measures.
- Avoid, bypass, remove, deactivate, impair, disable or otherwise circumvent any technological measure implemented by StyleSaint or any of our providers or any other third party (including another user) to protect the Site, Widget or any content on the Site or features thereof that prevent or restrict use or copying the Site, Widget or any content on the Site or enforce limitations on use of the Site.
- Use any meta tags or other hidden text or metadata utilizing a StyleSaint trademark, logo URL or product name without StyleSaint’s express written consent.
- Use the Site, Widget or any content on the Site for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms.
This list of prohibitions provides examples and is not complete or exclusive. StyleSaint reserves the right to (a) terminate your access to your account, your ability to post to this Site or the services offered through the Site and (b) refuse, delete or remove any User Content; with or without cause and with or without notice, for any reason or no reason, or for any action that StyleSaint determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services offered through the Site. StyleSaint may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at StyleSaint’s discretion, StyleSaint will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
These prohibitions do not require StyleSaint to monitor, police or remove any User Content or other information submitted by you or any other user of the Site.
You understand that when using the Site, you will be exposed to User Content from a variety of sources, and that StyleSaint is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against StyleSaint with respect thereto.
Links to Third Party Sites
The Site may contain links to third party Sites that are not owned or controlled by StyleSaint (“Third Party Sites”) and certain functionality of the Site may allow you to transmit and distribute Site Content to such Third Party Sites, including, without limitation, Facebook, Twitter and Tumblr. StyleSaint is not affiliated with such Third Party Sites and has no control over, and assumes no responsibility for, the content or business practices of any Third Party Sites. The Third Party Site may have different privacy policies and terms and conditions than StyleSaint. YOU AGREE THAT STYLESAINT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply StyleSaint’s endorsement or recommendation. StyleSaint is providing these links to you as a convenience, and StyleSaint does not verify, make any representations or take responsibility for such linked Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Sites. You hereby expressly release StyleSaint from any and all liability arising from your use of any Third Party Sites. Your dealings and communications through the Site with any party other than StyleSaint are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. Accordingly, we encourage you to be aware when you have left the Site and to read the respective terms and conditions and privacy policies of each Third Party Site that you visit.
If you send or transmit any communications, comments, questions, suggestions, or related materials to StyleSaint, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to our Site, Site Content, Widget or any products or services offered through the Site, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and StyleSaint is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that StyleSaint is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Third Party Content
Certain information and content that is not User Content may be provided by third party licensors to StyleSaint (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. STYLESAINT DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Copyright and Trademark Policy
StyleSaint respects the intellectual property rights of others, and we ask you to do the same. StyleSaint may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide StyleSaint’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit StyleSaint to locate the material.
- Information reasonably sufficient to permit StyleSaint to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- 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 and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- StyleSaint’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
228 Main St. #14
Venice, CA 90291
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
StyleSaint reserves the right to cancel any purchase, even if it has been previously confirmed by us in writing and/or your credit card has been charged, as a result of incorrect or mistaken pricing or product description or insufficient inventory or as a result of any other error or omission. If we do cancel a purchase, you will receive a full refund or credit as appropriate and you acknowledge and agree that a refund or credit is your sole remedy. If you have any questions about the shipping and return of products that you have purchased, click here.
YOU AGREE THAT YOUR USE OF THE SITE, WIDGET, SITE CONTENT AND ANY PURCHASE OF PRODUCTS OR USE OF SERVICES OFFERED THROUGH THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STYLESAINT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE SITE, WIDGET, SITE CONTENT AND ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE AND YOUR USE OF ANY OF THE FOREGOING. STYLESAINT MAKES NO WARRANTY THAT THE SITE, WIDGET, SITE CONTENT OR SERVICES OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. STYLESAINT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE, WIDGET OR THE SERVICES OFFERED THROUGH THE SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE, WIDGET OR SERVICES OFFERED THROUGH THE SITE. STYLESAINT ASSUMES NO LIABILITY FOR ANY (I) MISTAKES, INACCURACIES, ERRORS OR OMISSIONS OF OR IN THE SITE, WIDGET, SITE CONTENT AND ANY SERVICES OFFERED THROUGH THE SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT THEREOF, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, WIDGET, SITE CONTENT AND ANY SERVICES OFFERED THROUGH THE SITE AND/OR (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE USE OF THE SITE, WIDGET, SITE CONTENT AND ANY SERVICES OFFERED THROUGH THE SITE. STYLESAINT DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY SITE CONTENT AND/OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR FEATURED IN ANY ADVERTISING, AND STYLESAINT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STYLESAINT OR THROUGH THE SITE, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE, SITE CONTENT OR ANOTHER USER OF THE SITE, WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, WIDGET, SITE CONTENT OR SERVICES OFFERED THROUGH THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, WIDGET, SITE CONTENT OR SERVICES OFFERED THROUGH THE SITE. YOU UNDERSTAND THAT STYLESAINT DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, WIDGET, SITE CONTENT OR SERVICES OFFERED THROUGH THE SITE, NOR DOES STYLESAINT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, WIDGET, SITE CONTENT OR SERVICES OFFERED THROUGH THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, WIDGET, SITE CONTENT OR SERVICES OFFERED THROUGH THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, WIDGET, SITE CONTENT OR SERVICES OFFERED THROUGH THE SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, WIDGET, SITE CONTENT AND ANY PURCHASE OF PRODUCTS OR USE OF SERVICES OFFERED THROUGH THE SITE REMAINS WITH YOU. NEITHER STYLESAINT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, WIDGET, SITE CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF CONTENT, LOSS OF BUSINESS OPPORTUNITY OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WIDGET, SITE CONTENT AND SERVICES OFFERED THROUGH THE SITE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, WIDGET, SITE CONTENT AND SERVICES OFFERED THROUGH THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, WIDGET, SITE CONTENT AND SERVICES OFFERED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STYLESAINT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL STYLESAINT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WIDGET, SITE CONTENT AND ANY PURCHASE OF PRODUCTS OR USE OF THE SERVICES OFFERED THROUGH THE SITE EXCEED ONE HUNDRED DOLLARS (US$100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STYLESAINT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless StyleSaint, its affiliates, and their respective officers, directors, employees, agents and licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site, the Widget, the Site Content and your purchase of products or use of the services offered through the Site; (ii) your violation of these Terms; (iii) your violation of any third party right, including, without limitation, any copyright, property, publicity or privacy right; or (iv) any claim that any of your User Content caused damage to a third party. These indemnification obligations will survive the termination of these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Any assignment or transfer in derogation of the foregoing is void. These Terms, and any rights and licenses granted hereunder may be assigned by StyleSaint without restriction. These Terms will bind and inure to the benefit of each party’s successors and permitted assigns.
Local Laws; Export Control
StyleSaint controls and operates this Site from its headquarters in the United States of America and the Site Content, and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, StyleSaint may terminate and/or suspend your access to this Site without notice. StyleSaint prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by StyleSaint, may result in immediate termination of your access to this Site. StyleSaint has the right to terminate any password-restricted account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflict of laws provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the state and federal courts located in Los Angeles, California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified and the remainder of these Terms will not be affected. StyleSaint’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and StyleSaint and supersede all prior or contemporaneous negotiations, discussions or agreements between you and StyleSaint about this Site, the Widget, the Site Content and any products or services offered through this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.