Date of Last Revision: February 4, 2019
WELCOME TO STYLUST!
ACCESS AND USE OF THE SERVICE
Services and Membership Description: The Service is designed to enable conversational and social commerce via messaging platforms and mobile devices with photo orders submitted via one text message on messaging platforms, text orders submitted via mobile telecommunications networks, and/or via one tag on social platforms (e.g. tag @stylust in a comment on Instagram). Once you create an account via our Site, you become a “Member.” By becoming a Member, you agree to and specifically consent to receive text messages from Stylust; Stylust will contact you via text to provide the full spectrum of the social commerce Service experience, including but not limited to texts that communicate the product results, pricing estimates, product links, order confirmations, shipping confirmations, return information, cart reminders, trend alerts, birthday offers, holiday specials, Service reminders, policy updates, and other texts generated by Stylust related to the Service and the offering of the Service. For more details about the Service, please see www.stylust.com/how-it-works/. There are no long-term ordering commitments. There are no fees for becoming a Member or maintaining your Membership. You may cancel your Membership at any time by contacting customer support at firstname.lastname@example.org. Stylust reserves the rights to terminate your membership, to refuse any and all current or future use of the Site or the Service, and not to do business with any Member or anyone else, each as Stylust deems appropriate in its sole discretion for any reason.
Age Policy: If you are under 18 years of age, you are not authorized to use the Service, with or without registering.
Registered Account, Password and Security: You are responsible for maintaining the confidentiality of your account, including your password, user name, and other security information, if any, and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify Stylust of any unauthorized use of your account, password, user name or security information or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Stylust will not be liable for any loss or damage arising from your failure to comply with this Section. You should use particular caution when accessing your account form a public or shared computer so that others are not able to view or record your password or other personal information.
Modifications to Service: Stylust reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Stylust will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. In addition, we will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
General Practices Regarding Use and Storage: You acknowledge that Stylust may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Stylust’s servers on your behalf. You agree that Stylust has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Stylust reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Stylust reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including receiving text messages from Stylust, sending text messages to Stylust, and the ability to browse the Service and the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, message and data rates, text rates, and other fees may apply. In addition, accessing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
CONDITIONS OF USE
User Conduct: You are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Below are examples of the kind of content and/or use that is illegal or prohibited by Stylust. Stylust reserves the right to investigate and take appropriate legal action against anyone who, in Stylust’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- 1. email or otherwise upload or send any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Stylust, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Stylust or its users to any harm or liability of any type;
- 2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- 3. violate any applicable local, state, national or international law, or any regulations having the force of law;
- 4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- 5. solicit personal information from anyone;
- 6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- 7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- 8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- 9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
TERMS OF SALE AND ORDERS
Prices, Fees and Billing: More information on charges, fees and payments is provided above. To become a Member, you will be required to provide Stylust with information regarding your credit card or other payment instrument. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for any purchases made through the Service, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
VIP Member Service: If a Member agrees to become a VIP Member (“VIP Member”), such Member agrees to pay Stylust $8 per month (“VIP Fee”), which shall be charged to their credit card on file on the first day of every month, with the first installment to be paid prorata from the date joined through the end of the first month. As a VIP Member, you hereby agree to such initial and subsequent charges. VIP Members receive free 2-day shipping on all orders placed through Stylust, except upon extraordinary circumstances beyond the control of Stylust, the postal service, or other carrier or delivery service. VIP Members can opt into the VIP Service by replying YES via text to Stylust when asked if they want to become a VIP Member.
Cancellation of VIP Member Service: The VIP Service is cancellable at any time by emailing email@example.com with the words “Please cancel VIP Membership” in the subject line and body of the email. Upon receipt of such email cancellation, the VIP Member will not pay the VIP Fee for any additional months thereafter.
Return Policy; Shipping: We will notify you prior to your order of any items which are non-returnable or are marked as final sales. If returns are available from the particular vendor, you may return any item you receive through the Service in accordance with the instructions detailed by the particular vendor from whom you purchased the item(s), if any. Such instructions are typically found on the receipt in the box or on the vendor’s website. Items must be returned in their original unworn condition and include all original tags and packaging. Members should use pre-paid shipping labels when provided or, in situations where there is no pre-paid shipping label, members will need to coordinate and pay for return shipping. Typically, original shipping and handling costs are not refundable and returns must be made within a certain number of days from shipment or delivery. If you have any questions regarding returns, please email us for help at firstname.lastname@example.org. However, Stylust is not responsible for returns and has no control over the vendors’ return policies. All items you receive through the Service will be shipped directly from the vendor to you by a third-party carrier, and all title and risk of loss pass to you upon such vendor’s transfer of the products to the third-party carrier. We are not responsible for any delays, loss or damage in packing or shipping.
Special Notice for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, upload or use for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use only.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks: You acknowledge and agree that the Services and its entire contents, functionality (including but not limited to all information, technology, software, source code, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“Service Content”), are owned by Stylust, its licensors, or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other proprietary rights and laws. Except as expressly authorized in writing by Stylust, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, publicly display, publicly perform, republish, reproduce, reverse engineer, reverse assemble, assign, sublicense, 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 will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Stylust.
THIRD PARTY WEBSITES
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Stylust has no control over such sites and resources and Stylust is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Stylust will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Stylust is not liable for any loss or claim that you may have against any such third party.
SOCIAL NETWORKING SERVICES
In addition, Stylust is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Stylust is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Stylust enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation. We may disable all or any features for Social Networking Services at any time without notice in our discretion.
INDEMNITY AND RELEASE
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE THAT STYLUST PROVIDES A SERVICE THAT INVOLVES SOURCING AND OBTAINING PRODUCTS ON YOUR BEHALF, BUT STYLUST IS NOT THE MANUFACTURER, SELLER OR VENDOR OF SUCH PRODUCTS. AS SUCH, STYLUST PROVIDES NO WARRANTIES AS TO THE PRODUCTS, ALL OF WHICH ARE PROVIDED SOLELY BY SUCH THIRD PARTY MANUFACTURER, SELLER OR VENDOR.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STYLUST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, STYLUST 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 CLOTHES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (V) THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT STYLUST WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STYLUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, 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. IN NO EVENT WILL STYLUST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID STYLUST IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. In the unlikely event that our customer care team is unable to resolve a complaint you may have (or if Stylust has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, or small claims court instead of in courts of general jurisdiction in accordance with the procedures below.
YOU ARE HEREBY AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Stylust and you agree to arbitrate all disputes, claims or controversies between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- o claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- o claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
- o claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
A party who intends to seek arbitration must first send to the other, by email, a written Notice of Dispute (“Notice”). The Notice to Stylust should be addressed to firstname.lastname@example.org , and any notice to you will be sent to the email address you have provided, as to which it is your responsibility to keep updated (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Stylust and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Stylust may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Stylust or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Stylust is entitled.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND STYLUST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Stylust agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Notwithstanding the foregoing, you or we may elect to pursue a claim in small-claims court rather than arbitration if the party requesting such election provides the other with written notice of their intention do so within 60 days of the claim. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Stylust will have no liability or responsibility with respect thereto. Stylust reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Stylust may be contacted in writing at email@example.com.
QUESTIONS? CONCERNS? SUGGESTIONS?