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.
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.
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.
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.