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Terms of Use

Overview

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY StyleGuise. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://MARKETPLACE.STYLEGUISE.NET (THE "SITE") AND ALL SERVICES PROVIDED BY StyleGuise ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

If you have any questions, please refer to the Help section of the Site.

1. StyleGuise is a Venue

StyleGuise acts as a venue to allow users who comply with StyleGuise's policies to offer, sell and buy certain goods within a fixed-price format. StyleGuise is not directly involved in the transaction between buyers and sellers. As a result, StyleGuise has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. StyleGuise does not pre-screen users or the content or information provided by users. StyleGuise cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, StyleGuise does not transfer legal ownership of items from the seller to the buyer.

StyleGuise cannot guarantee the true identity, age, and nationality of a user. StyleGuise encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that StyleGuise is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on StyleGuise. You use the StyleGuise service at your own risk.

2. Membership Eligibility

Age: StyleGuise's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. StyleGuise may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use StyleGuise's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by StyleGuise's policies as stated in the Agreement and the StyleGuise policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by StyleGuise.

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by StyleGuise from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify StyleGuise of any unauthorized use of your password or any breach of security. You also agree that StyleGuise cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than StyleGuise without StyleGuise's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on StyleGuise you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Account Transfer: You may not transfer or sell your StyleGuise account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: StyleGuise's services are not available to temporarily or indefinitely suspended StyleGuise members. StyleGuise reserves the right, in StyleGuise's sole discretion, to cancel unconfirmed or inactive accounts. StyleGuise reserves the right to refuse service to anyone, for any reason, at any time.

3. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with StyleGuise's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your StyleGuise shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their StyleGuise shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with StyleGuise's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. StyleGuise reserves the right to request that a seller modify a shop policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding StyleGuise transaction fees, misrepresent the item's location, or use another user's account without permission.

4. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to StyleGuise and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on StyleGuise.

Restricted Activities: Your Content and your use of StyleGuise shall not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
  6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including StyleGuise staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  7. Be obscene or contain child pornography
  8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  9. Host images not part of a listing
  10. Modify, adapt or hack StyleGuise or modify another website so as to falsely imply that it is associated with StyleGuise;
  11. Appear to create liability for StyleGuise or cause StyleGuise to lose (in whole or in part) the services of StyleGuise's ISPs or other suppliers
  12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on StyleGuise.
  13. Furthermore, you may not list any item on StyleGuise (or consummate any transaction that was initiated using StyleGuise's service) that, by paying to StyleGuise the listing fee or the final value fee, could cause StyleGuise to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

5. Content

License: StyleGuise does not claim ownership rights in your Content. You grant StyleGuise a license solely to enable StyleGuise to use any information or Content you supply StyleGuise with, so that StyleGuise is not violating any rights you might have in that Content. You grant StyleGuise a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow StyleGuise to store or re-format your Content on StyleGuise and display your Content on StyleGuise in any way as StyleGuise chooses..

As part of a transaction, you may obtain personal information, including email address and shipping information, from another StyleGuise user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for StyleGuise-related communications. StyleGuise has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any StyleGuise user to your email or physical mail list.

Re-Posting Content: By posting Content on StyleGuise, it is possible for an outside website or a third party to re-post that Content. You agree to hold StyleGuise harmless for any dispute concerning this use. If you choose to display your own StyleGuise-hosted image on another website, the image must provide a link back to its listing page on StyleGuise.

Idea Submissions: StyleGuise considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and StyleGuise shall not be liable for the disclosure or use of such Material. If, at StyleGuise's request, any member sends Material to improve the site (for example through the Forums or to customer support), StyleGuise will also consider that Material to be non-confidential and non-proprietary and StyleGuise will not be liable for use or disclosure of the Material. Any communication by you to StyleGuise is subject to this Agreement. You hereby grant and agree to grant StyleGuise, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

6. Information Control

StyleGuise does not control the Content provided by users that is made available on StyleGuise. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using StyleGuise, you agree to accept such risks and that StyleGuise (and StyleGuise's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on StyleGuise. Please use caution, common sense, and practice safe buying and selling when using StyleGuise.

Other Resources: StyleGuise is not responsible for the availability of outside websites or resources linked to or referenced on the Site. StyleGuise does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that StyleGuise shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Meetings

Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with StyleGuise's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. StyleGuise is not involved with user generated groups, the groups' requirements, or the Meetings.

StyleGuise does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that StyleGuise does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Groups or User Fees: Some user-generated groups on StyleGuise may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. StyleGuise IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO StyleGuise; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY StyleGuise, AND StyleGuise HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT StyleGuise IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, StyleGuise USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.

9. StyleGuise's Intellectual Property

StyleGuise, and other StyleGuise graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of StyleGuise in the U.S. and/or other countries. StyleGuise's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

10. Access and Interference

StyleGuise may contain robot exclusion headers which contain internal rules for software usage. Much of the information on StyleGuise is updated on a real-time basis and is proprietary or is licensed to StyleGuise by StyleGuise's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access StyleGuise for any purpose whatsoever, except to the extent expressly permitted by and in compliance with StyleGuise's Terms of Use or otherwise without StyleGuise's prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in StyleGuise's sole discretion, an unreasonable or disproportionately large load on StyleGuise's infrastructure
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or otherwise without the prior express written permission of StyleGuise and the appropriate third party, as applicable
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  4. Bypass StyleGuise's robot exclusion headers or other measures StyleGuise may use to prevent or restrict access to StyleGuise

11. Breach

Without limiting any other remedies, StyleGuise may, without notice, and without refunding any fees, delay or immediately remove Content, warn StyleGuise's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

StyleGuise suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; StyleGuise is unable to verify or authenticate any of your personal information or Content; or StyleGuise believes that a user is acting inconsistently with the letter or spirit of StyleGuise's policies, has engaged in improper or fraudulent activity in connection with StyleGuise or the actions may cause legal liability or financial loss to StyleGuise's users or to StyleGuise.

12. Privacy

Except as provided in StyleGuise's Privacy Policy StyleGuise will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. StyleGuise stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

13. No Warranty

StyleGuise, StyleGuise'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND StyleGuise'S SUPPLIERS PROVIDE StyleGuise'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. StyleGuise, StyleGuise'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND StyleGuise'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM StyleGuise SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

14. Liability Limit

IN NO EVENT SHALL StyleGuise, AND (AS APPLICABLE) StyleGuise'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR StyleGuise'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, StyleGuise'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

StyleGuise'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF StyleGuise'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO StyleGuise IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD StyleGuise AND (AS APPLICABLE) StyleGuise'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

16. No Guarantee

StyleGuise does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside StyleGuise's control.

17. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any StyleGuise service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on StyleGuise's net income).

18. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

19. No Agency

You and StyleGuise are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20. StyleGuise Service

StyleGuise reserves the right to modify or terminate the StyleGuise service for any reason, without notice, at any time. StyleGuise reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If StyleGuise makes a material change StyleGuise will notify you here, by email, by means of a notice on our home page, or other places StyleGuise deems appropriate. What constitutes a "material change" will be determined at StyleGuise's sole discretion, in good faith, and using common sense and reasonable judgment.

21. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.

22. StyleGuise Forums

Please remember that we are not responsible for any messages posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message.

The messages express the views of the author of the message, not necessarily the views of this bulletin board. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary.

You agree, through your use of this service, that you will not use this bulletin board to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law.

You agree not to post any copyrighted material unless the copyright is owned by you or by this bulletin board.

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