Terms of Use

Date of Last Revision: March 6, 2017

Welcome to Stylust!

Stylust, Inc. (“Stylust,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.stylust.com (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Use (as amended from time to time, the “Terms of Use”). By using the Services or accessing the Site, you accept and agree to be bound and abide by these Terms of Use. If applicable, the option may be made available to you to click to accept or agree to the Terms of Use as well. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the change(s) on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, in each case applying to all access to and use of the Services thereafter. Notwithstanding the foregoing, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Use, and you are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www.stylust.com/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Use.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW IN THESE TERMS OF USE.

Access and Use of the Service

Services and Membership Description: The Service is designed to enable one-tag shopping on Instagram for members. Once you create an account via our Site, you will become a “Member.” For more details about the Service, please see www.stylust.com/how -it-works/. There are no order minimums or 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 info@stylust.com. 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.

Your Registration Obligations: You may be required to register with Stylust in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.

If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

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 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, data 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.

As part of the Services, we will text you the pricing, as well as taxes and shipping costs, of the item(s) for which you requested information, and your text reply of “Yes,” “Y,” or a similar affirmative response is an acceptance of the order, and thereby authorizes Stylust to charge your payment instrument for the full price of the item(s), applicable taxes, and shipping charges to the shipping address we have on file for you. If there are multiple shipping options, we will text you that information as well, and you will be required to choose your desired option when you respond. You agree to pay Stylust for items ordered through Stylust and charges incurred in accordance with these Terms of Use. If you dispute any charges you must let Stylust know within ten (10) days after the date that Stylust bills you. We reserve the right to institute fees for any portion of the Service, but if we do, we will provide advance notice of the change. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes and shipping costs associated with items ordered via the Service.

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 info@stylust.com. 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.

The Stylust name and logos are trademarks and service marks of Stylust (collectively the “Stylust Trademarks”). Other Stylust, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Stylust. Nothing in this Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Stylust Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Stylust Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Stylust be liable in any way for any content or materials of any third parties (including users), 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 such content. You acknowledge that Stylust does not pre-screen content, but that Stylust and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Stylust and its designees will have the right to remove any content that violates these Terms of Use or is deemed by Stylust, in its sole discretion, to be 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.

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

You may be able to enable or log in to the Service via various online third party services, such as social media and social networking services like Instagram (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services would provide us with access to certain information that you have provided to such Social Networking Services, and we would use, store and disclose such information in accordance with this Privacy Policy. For more information about the implications of activating these Social Networking Services and Stylust’s use, storage and disclosure of information related to you and your use of such services within Stylust (including your friend lists and the like), please see our Privacy Policy at https://www.stylust.com/privacy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Stylust shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

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

You agree to release, indemnify and hold Stylust and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions of any kind arising out of or relating to your violation of these Terms of Use or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

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).

CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

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 info@stylust.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.

Arbitration Agreement

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:

  • 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;
  • claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Terms of Use.

References to “Stylust”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. This Terms of Use evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms of Use.

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 info@stylust.com , 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 arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Terms of Use, and will be administered by the AAA. The AAA Rules are available online at www.adr.org/arb_med, or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this Terms of Use. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. The seat or place of arbitration shall be Tampa, Florida, United States. If you or we prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees under the standards for fee shifting provided by law. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

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 any provision in this Terms of Use to the contrary, we agree that if Stylust makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Stylust Web Site, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

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. 

Termination

You agree that Stylust, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Stylust believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Stylust may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Stylust may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Stylust will not be liable to you or any third-party for any termination of your access to the Service.

User Disputes

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.

General

These Terms of Use constitute the entire agreement between you and Stylust and govern your use of the Service, superseding any prior agreements between you and Stylust with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Use will be governed by the laws of the Florida, United States without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Stylust agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Tampa, Florida, United States. The failure of Stylust to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect. 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 these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail, at the addresses provided by you, of which it is your responsibility to keep updated. The Service may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At Stylust, we respect the privacy of our users. For details please see our Privacy Policy located at www.stylust.com/privacy. By using the Service, you consent to our collection and use of personal data as outlined therein. 

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 info@stylust.com.

Questions? Concerns? Suggestions?

Please contact us at info@stylust.com to report any violations of these Terms of Use or to pose any questions regarding this Terms of Use or the Service.