Last Modified: May 10, 2019
This Styleguise Platform is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Styleguise Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Styleguise Platform.
Scope of Styleguise Services
The Styleguise Platform is a communications platform which enables connections between Clients and Stylists. “Clients” are individuals seeking to obtain personal styling services (the “Styling Services”) from Stylists, and are therefore clients of Stylists; and “Stylists” are individuals and/or businesses seeking to perform Services for Clients. Clients and Stylists together are hereinafter referred to as “Users.” If you agree on the terms of a Styling Service with another User by formally booking an appointment, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
STYLISTS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF THE COMPANY. THE COMPANY DOES NOT PERFORM STYLING SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM STYLING SERVICES. USERS HEREBY ACKNOWLEDGE THAT THE COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A STYLIST’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE SERVICES PERFORMED AND THE STYLING SERVICES IN ANY MANNER WHATSOEVER.
The Styleguise Platform only enables connections between Users for the fulfillment of Styling Services. The Company is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Styling Services, Stylists, Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Styling Services requested or services provided by, or the communications of or between, Users identified through the Styleguise Platform, whether in public, private, or offline interactions or otherwise howsoever.
2. User Vetting and User Representations and Warranties
In Company’s sole discretion, Users may be subject to a vetting process before they can register for and during their use of the Styleguise Platform, including but not limited to a verification of identity, and using third party services as appropriate (“Identity Checks”). Although Company may perform Identity Checks, Company is not required to do so and cannot confirm that each User is who they claim to be. Company cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the Styleguise Platform.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. We will not be liable for any exchange of personal information among Users, nor will we be liable for any transactions outside of the Styleguise Platform. We will not be liable for any false or misleading statements made by Users of the Styleguise Platform. NEITHER THE COMPANY NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “STYLEGUISE AND AFFILIATES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE STYLEGUISE PLATFORM AND YOU HEREBY RELEASE THE COMPANY AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE STYLEGUISE PLATFORM.
User Representations and Warranties
You represent and warrant that: (1) you are 18 years of age or older, are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
You further represent and warrant that you will not use information learned from the Styleguise Platform or during the performance of Styling Services to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other User or Company staff. You hereby warrant and represent that you will not attempt to circumvent the payments system or service fees provided herein in any way including, but not limited to, processing payments outside of the Styleguise Platform, providing inaccurate information, or otherwise invoicing in a fraudulent manner. You further represent and warrant that you will not register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number.
You hereby warrant and represent that, other than as fully and promptly disclosed to Company as set forth below, you do not have any motivation, status, or interest which Company may reasonably wish to know about in connection with the Styleguise Platform, including without limitation, if you are using or will or intend to use the Styleguise Platform for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to Company in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Styleguise Platform.
Stylists additionally represent and warrant that you will provide timely, high-quality services to your Clients, you will only offer and provide services for which you have the necessary skills and expertise, and you will provide the services safely and in accordance with all applicable laws, and that you have the legal right to work in the country in which you are performing Styling Services.
3. Contract between Clients and Stylists
You acknowledge and agree that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of a Styling Service with another User. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Styleguise Platform, and any other contractual terms accepted by both the Stylist and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Company’s obligations or restrict Company’s rights under this Agreement. You agree that Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Stylist, nor will it create an employment relationship between the Client and the Sylist. Company’s role is restricted solely to acting as a limited payment collection agent for the Stylist to facilitate payment on behalf of the Stylist through the Styleguise Platform using the PSP in respect of the Styling Services they perform. In acting as the limited payment collection agent for particular Styling Services on the Styleguise Platform, Styleguise disclaims any other agency or authority to act on behalf of the Stylist, and assumes no liability or responsibility for any acts or omissions of the Stylist, either within or outside of the Styleguise Platform.
Where approved in advance by the Client, the Stylist is not obligated to personally perform the Styling Service. Before any Styling Services are performed by any other approved Stylist from the Styleguise Platform, the Company must be notified. Stylists may not bring any assistant, subcontractor, or any other person to perform the Styling Services. A Stylist’s failure to comply with this provision by bringing any person to perform the Styling Services could lead to removal from the Styleguise Platform. Should the Stylist choose to bring such a third party to perform the Styling Services, the Stylist assumes full and sole responsibility for the acts and omissions of such third party, including without limitation the payment of all compensation, benefits and expenses of such third party, if any, and for all required and applicable income tax withholdings as to the Stylist and all persons engaged by the Styilst in the performance of the Stylist Services.
Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of Styling Services. Both Users agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding. The Company reserves the right to suspend or terminate any account or Styling Service pending the resolution of any dispute.
4. Stylist Classification
As indicated above, STYLEGUISE DOES NOT PERFORM STYLING SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM STYLING SERVICES. EACH USER ASSUMES ALL LIABILITY FOR PROPER CLASSIFICATION OF SUCH USER’S WORKERS BASED ON APPLICABLE LEGAL GUIDELINES. IF A CLIENT, YOU INDEMNIFY AND HOLD STYLEGUISE AND AFFILIATES HARMLESS, AND IF A STYLIST, YOU FULLY AND FINALLY RELEASE STYLEGUISE AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, DEMANDS, DAMAGES, LOSSES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES THAT STYLISTS MAY INCUR OR BECOME ENTITLED TO, WHETHER UNDER CONTRACT, COMMON LAW, CIVIL LAW, STATUTE OR OTHERWISE, IN RESPECT OF STYLING SERVICES OR SERVICE AGREEMENTS OR THE USE OF THE STYLEGUISE PLATFORM, INCLUDING WITH RESPECT TO MISCLASSIFICATION OF STYLISTS AND THE TERMINATION OR CESSATION OF ANY STYLING SERVICES, SERVICE AGREEMENTS, THIS AGREEMENT OR THE USE OF THE STYLEGUISE PLATFORM.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company. Each User acknowledges and agrees that Styleguise does not, in any way, supervise, scope, direct, control or monitor a Stylist’s work or Styling Services performed in any manner. Company does not set a Stylist’s work hours or location of work. Styleguise will not provide any equipment, tools, labor or materials needed for a particular Styling Service. Styleguise does not provide any supervision to Users.
The Styleguise Platform is not an employment agency service or business and Styleguise is not an employer of any User. As such, Styleguise is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, social security, disability insurance or any other applicable federal, provincial or state withholdings in connection with a User’s use of the Styleguise Platform. Stylists acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Styling Services and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
5. Billing and Payment Terms and Conditions
Users of the Styleguise Platform contract for Styling Services directly with other Users. The Company will not be a party to any contracts for Styling Services or otherwise between Users, and Stylists may set their own price terms. Payment for Styling Services through the Styleguise Platform is made directly from the Client to the Stylist via the PSP, and not by Company. Users of the Styleguise Platform will be required to provide their payment method details to Company and the PSP.
Clients will be responsible for paying the agreed upon price for each Styling Service, which will include (i) the pricing terms of the Styling Service(s) agreed with and provided by a Stylist (“Service Payment”), (ii) any tip or gratuity, if applicable, (iii) the $4.50 service charge Company assesses to the Client as payable for the use of the Styleguise Platform, which is subject to change at the Company’s sole discretion, (iv) any service charges or fees charged by the PSP, and (v) cancellation fees or no-show fees, if applicable. Stylists will be responsible for paying (i) registration fees, if applicable, and (ii) cancellation fees or no-show fees, if applicable. Clients may also be charged credit card processing fees equal to three percent (3%) of the aggregate expense amount. In the event of a charge back, Clients may also be charged a $15 charge back fee. Charges paid by you are final and non-refundable, unless otherwise determined by Styleguise.
If Client fails to successfully pay any payment due, then Client is responsible for costs of collection efforts incurred by Company or Stylist in enforcing and collecting payment.
To help prevent fraud and safeguard User information from the risk of unauthorized access, Company and/or the PSP may validate an account before activation. As part of the account validation, a temporary charge is placed on the account associated with the User and then refunded within 1-3 business days. Due to the difference in PSP and credit card issuer requirements, this temporary charge may vary between $0.01 to $5,000.00, depending on the estimated value of the Styling Service and expenses.
When Client receives confirmation through the Styleguise Platform or via email that a Styling Service has been completed, Client automatically authorizes the PSP to process the Service Payment together with any tip or gratuity (if applicable) and any fees as indicated above. Users may be charged a (a) cancellation fee through the PSP if you book (or accept) a Styling Service appointment, but cancel it before the scheduled time for performance, which is based on a percentage of the total Service Payment amount, and (b) a no-show fee through the PSP if you book (or accept) a Styling Service appointment, but fail to show up to said appointment without providing advanced notice, which is based on a percentage of the total Service Payment amount. Stylists may choose to adopt any one of the following cancellation policies, which charges the User a cancellation fee or no-show fee:
(i) The Stylist may adopt a “flexible” cancellation policy, which provides for a 10% cancellation fee or a 20% no-show fee.
(ii) The Stylist may adopt a “moderate” cancellation policy, which provides for a 25% cancellation fee or a 50% no-show fee.
(iii) The Stylist may adopt a “strict” cancellation policy, which provides for a 50% cancellation fee or a 100% no-show fee.
Company reserves the right (but not the obligation), in its sole discretion, upon request from Client or Stylist, or upon notice of any potential fraud, unauthorized charges or other misuse of the Styleguise Platform, to (i) place on hold any Service Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so.
Service Payment and fees must be paid through the PSP as indicated on the Styleguise Platform.
Users of the Styleguise Platform will be liable for any taxes required to be paid on the Styling Services provided under the Agreement.
Depending on the individual arrangements made under a given Service Agreement, a Stylist’s recommended purchases may be made by Clients in several ways, however in all cases, Clients must directly purchase any clothing items from applicable retailers. Specific arrangements may vary, however the standard practice in the personal styling industry is as follows: (1) personal stylists choose clothing items from a retailer and pick up those items for the client, at which point (2) clients provide payment information to retailers to place a hold on their card, while (3) the personal stylist delivers the applicable clothing items directly to the client so that (4) the client can try on the items, and then (5) the personal stylists returns the client’s rejected items to the retailer, at which point the retailer charges the client ONLY for the items kept by the client. Professional stylists and major retailers all over the country have done this for decades. However, if a Client is not comfortable with this practice, Stylists can provide alternative methods for Clients to purchase recommended items without the convenience of standard practices. For example, Stylists can provide website links for Clients to purchase items directly or Clients can meet Stylists at physical retail locations. This will be agreed upon between Users when forming the Service Agreement. Note that Styleguise does not sell any goods or products of any kind, and we are not involved in any purchases of clothing items whatsoever. All clothing purchasing arrangements are between Clients, Stylists, and applicable retailers.
6. Gift Cards and Promo Codes
Company may from time to time provide certain promotional opportunities to Users. All such promotions will be run at the sole discretion of Company, and can be activated, modified, or removed at any time by Company without advance notification.
Company gift cards (“Gift Cards”) and promotional codes (“Promo Codes”) may be available and can be used to pay Service Payments and Company service charges and platform fees in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips associated with a Styling Service provided through the Styleguise Platform.
(a) Promo Codes
Promo Codes are an offer by Company to reduce the amount a Client has to pay in relation to a Service Payment, service fee, and/or platform fee. Promo Codes will not affect the amount of the Service Payment a Stylist ultimately receives. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between Company or the Stylist or represent wages, fees or other amounts paid to the Stylist by Company. You agree that you will use Promo Codes in accordance with the terms of the Promo Code. Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that Company determines or believes that the use or redemption of a Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
(b) Gift Cards
You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen and have no expiration date. Gift Cards have no cash value and are not redeemable for cash except in the following thirteen U.S. states and only where it is required by law: California, Colorado, Connecticut, Maine, Massachusetts, Montana, New Jersey, Oregon, Rhode Island, Texas, Vermont, Washington, and West Virginia. If you are a resident of one of these U.S. states, and the balance on your Gift Card is less than the respective dollar amount required by law, you may redeem it for cash. If a gift card qualifies for cash refund, send your Gift Card along with a self-addressed, stamped return envelope to Styleguise, 1201 5th Street, Manhattan Beach, CA 90266, Attention: Gift Cards.
Company will verify your address, confirm that your Gift Card balance qualifies you for redemption, and send you payment for the exact amount. If your Gift Card balance is equal to or greater than the cap, or Company cannot verify your residency, Company will return your Gift Card. Company will be unable to redeem or return your Gift Card without a self-addressed, stamped envelope and is not responsible for mail that does not arrive at the address provided and cannot guarantee delivery in any way after submittal to the US Postal Service.
A Gift Card cannot be combined with any other Gift Cards, gift certificates or other Promo Codes. A Gift Card cannot be used as a credit or debit card. Company reserves the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” a Gift Card (i.e., you cannot add value/balance to your Gift Card at this time). If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Company reserves the right to correct the balance of a Gift Card if Company believes that a billing error has occurred. Company disclaims all liability for any such billing errors. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.
8. Accessing the Styleguise Platform and Account Security
We reserve the right to withdraw or amend any aspect of the Styleguise Platform, and any service or material we provide on the Styleguise Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Styleguise Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Styleguise Platform, or the entire Styleguise Platform, to Users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Styleguise Platform.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Styleguise Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
9. Intellectual Property Rights
The Styleguise Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print [or download] one copy of a reasonable number of pages of the Styleguise Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features [< LINK TO THE STYLEGUISE PLATFORM SOCIAL MEDIA FEATURES] with certain content, you may take such actions as are enabled by such features.
Users must not:
Modify copies of any materials from the Styleguise Platform.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Styleguise Platform.
Users must not access or use for any commercial purposes any part of the Styleguise Platform or any services or materials available through the Styleguise Platform.
The Company name, the term STYLEGUISE, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Styleguise Platform are the trademarks of their respective owners.
11. Prohibited Uses
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Styleguise Platform, or which, as determined by us, may harm the Company or Users of the Styleguise Platform, or expose them to liability.
Additionally, you agree not to:
Use the Styleguise Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Styleguise Platform, including their ability to engage in real time activities through the Styleguise Platform.
Use any robot, spider, or other automatic device, process, or means to access the Styleguise Platform for any purpose, including monitoring or copying any of the material on the Styleguise Platform.
Use any device, software, or routine that interferes with the proper working of the Styleguise Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Styleguise Platform, the server on which the Styleguise Platform is stored, or any server, computer, or database connected to the Styleguise Platform.
Attack the Styleguise Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Styleguise Platform.
12. User Contributions
The Styleguise Platform may contain message boards, email systems, chat rooms, personal web pages or profiles, forums, bulletin boards, direct messaging features among users, User review pages, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other Users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Styleguise Platform. You may only use such Interactive Services to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Styleguise Platform, you should not share your personal contact information with other Users.
Any User Contribution you post to the Styleguise Platform as well as any information and materials you provide to Company, its corporate partners, or other Users, will be considered non-confidential and non-proprietary. By providing any User Contribution on the Styleguise Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Contributions, in any media now known or not currently known in order to perform and improve upon the Styleguise Platform.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of the Styleguise Platform. We act merely as a passive conduit for your online distribution and publication of your User Contributions. You acknowledge and agree that Company is not involved in the creation or development of User Contributions, disclaims any responsibility for User Contributions, and cannot be liable for claims arising out of or relating to User Contributions.
The Styleguise Platform hosts User Contributions relating to reviews and ratings of specific Stylists (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Company, has not been verified or approved by Company and each Client should undertake their own research to be satisfied that a specific Stylist is the right person for a Styling Service. You agree that Company is not responsible or liable for any Feedback or other User Contributions. Company encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Company is not obligated to investigate any remarks posted by Users for accuracy or reliability but may do so at its discretion.
13. Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Styleguise Platform.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Styleguise Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Styleguise Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
14. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, misrepresent your identity, or misrepresent your affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You understand that all User Contributions and use of Interactive Services will be public and that you will be publicly identified by your name or login identification when communicating with other Users. The Company will not be responsible for the action of any Users with respect to any information or materials posted by Users.
15. Copyright Infringement
Styleguise respects the intellectual property of others, and expects Users to do the same. It is the policy of the Company to terminate the User accounts of repeat infringers. If you believe, in good faith, that any materials provided on or in connection with the Styleguise Platform infringe upon your copyright or other intellectual property right, please send the following information to Styleguise’s Copyright Agent at: STYLEGUISE LLC, 3314 W. 75th Street, Los Angeles, CA 90043 or email@example.com:
A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Styleguise Platform where the material you claim is infringed is located. Include enough information to allow Styleguise to locate the material, and explain why you think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Please be aware that if you knowingly materially misrepresent that material or activity on the Styleguise Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
16. Reliance on Information Posted
The information presented on or through the Styleguise Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Styleguise Platform, or by anyone who may be informed of any of its contents.
This Styleguise Platform may include content provided by third parties, including materials provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
17. Changes to the Styleguise Platform
We may update the content on the Styleguise Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Styleguise Platform may be out of date at any given time, and we are under no obligation to update such material.
Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Styleguise Platform at its sole discretion. Company is not liable to you for any modification or discontinuance of all or any portion of the Styleguise Platform. Company has the right to restrict anyone from completing registration as a Stylist if Company believes such person may threaten the safety and integrity of the Styleguise Platform, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.
18. Information About You and Your Visits to the Styleguise Platform
19. Linking to the Styleguise Platform and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Styleguise Platform may provide certain social media features that enable you to:
Link from your own or certain third-party Styleguise Platforms to certain content on this Styleguise Platform.
Send emails or other communications with certain content, or links to certain content, on this Styleguise Platform.
Cause limited portions of content on this Styleguise Platform to be displayed or appear to be displayed on your own or certain third-party Styleguise Platforms.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any Styleguise Platform that is not owned by you.
Cause the Styleguise Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Styleguise Platform other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
20. Links from the Styleguise Platform
If the Styleguise Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Styleguise Platforms linked to this Styleguise Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Styleguise Platforms.
21. Geographic Restrictions
The owner of the Styleguise Platform is based in the State of California in the United States. We provide this Styleguise Platform for use only by persons located in the United States. We make no claims that the Styleguise Platform or any of its content is accessible or appropriate outside of the United States. Access to the Styleguise Platform may not be legal by certain persons or in certain countries. If you access the Styleguise Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
22. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Styleguise Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE STYLEGUISE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE STYLEGUISE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY STYLEGUISE PLATFORM LINKED TO IT.
YOUR USE OF THE STYLEGUISE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE STYLEGUISE PLATFORM IS AT YOUR OWN RISK. THE STYLEGUISE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE STYLEGUISE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE STYLEGUISE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE STYLEGUISE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE STYLEGUISE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE STYLEGUISE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE STYLEGUISE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE STYLEGUISE PLATFORM, ANY STYLEGUISE PLATFORMS LINKED TO IT, ANY CONTENT ON THE STYLEGUISE PLATFORM OR SUCH OTHER STYLEGUISE PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE STYLEGUISE PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. BECAUSE STYLEGUISE IS NOT A PARTY TO OR OTHERWISE INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OF THE STYLING SERVICES, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE STYLEGUISE AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY), EXPENSES, LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
26. Governing Law and Jurisdiction
28. Limitation on Time to File Claims
29. Waiver and Severability
30. Entire Agreement
31. Your Comments and Concerns
This Styleguise Platform is operated by STCW LLC dba Styleguise, 1201 5th Street, Manhattan Beach, CA 90266.
All other feedback, comments, requests for technical support, and other communications relating to the Styleguise Platform should be directed to: firstname.lastname@example.org.