|
![]() |
![]() |
| 2008 |
| terms of service |
Subscriber and Member Agreement
This Agreement sets forth the terms and conditions which apply to the use by you of the Estylo.com site (as defined below) and any other subscription product or service offered for sale by Estylo.com. The right to use any product or service offered by Estylo.com is personal to you and is not transferable to any other person or entity. Definitions General Use of Estylo.com and the Community Areas Estylo.com and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Estylo.com. Sites are copyrighted as a collective work under the United States copyright laws. Estylo.com is the owner of the copyright in the entire Estylo.com site. Estylo.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Estylo.com Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Estylo.com site without the express permission of Estylo.com and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Estylo.com site no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Estylo.com site owned by Estylo.com shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media. Neither these Estylo.com materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Estylo.com will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission. You hereby grant to Estylo.com and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to Estylo.com (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that Estylo.com considers to be offensive. You shall provide Estylo.com with accurate, complete and updated information provided by you at the time of registration. The Estylo.com site contains links to other web sites, resources and advertisers. Estylo.com is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Estylo.com be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or webmaster. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Estylo.com site and Community Areas and all charges related thereto. The foregoing provisions of this Section 3 are for the benefit of Estylo.com its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf. Estylo.com has carefully designed the Estylo.com site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Estylo.com site in any way that interferes with that purpose. In particular, Estylo.com prohibits any party from displaying the content on the Estylo.com in any format where third party advertising or other materials that Estylo.com did not authorize is viewed or viewable together with Estylo.com’s proprietary content. Monitoring Disclaimer of Warranty; Limitation of Liability THE ESTYLO.COM SITE AND THE COMMUNITY AREAS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 5 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ESTYLO.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL ESTYLO.COM OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE ESTYLO.COM SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ESTYLO.COM SITE OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON THE ESTYLO.COM SITE AND/OR THE COMMUNITY AREAS. ESTYLO.COM’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO ESTYLO.COM. ESTYLO.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE ESTYLO.COM SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED ESTYLO.COM EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL ESTYLO.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE ESTYLO.COM SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE ESTYLO.COM SITE AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT. ESTYLO.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE ESTYLO.COM SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ESTYLO.COM MAKES PRODUCTS OR SERVICES AVAILABLE ON THE ESTYLO.COM SITE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. NEITHER ESTYLO.COM NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER ESTYLO.COM NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE ESTYLO.COM SITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. ESTYLO.COM IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER. Indemnification Termination Trademarks Privacy Your personally identifying information may be used by Estylo.com for editorial purposes. Estylo.com may also use such information provided by adult users for promotional and marketing purposes. You have the ability to stop your information being used for marketing and promotional purposes by sending an e-mail request to Estylo.com at info@estylo.com. Any personally identifying information collected by Estylo.com from children is used for editorial participation and feedback purposes, together with any other purposes that will be describe where the information is collected, and will not be transferred to any third party. the Estylo.com site may place a “cookie” in the browser files of your computer. The cookie itself does not contain any personally identifying information. Although the cookie could enable Estylo.com to relate your use of the Estylo.com site to information that you have specifically and knowingly provided, Estylo.com does not do so for any kids sites. You should be aware that when you voluntarily disclose personal information (e.g., user name, e-mail address) on the Community Areas, that information can be collected and used by others and may result in unsolicited messages from other posters or parties. Subscription Services; Products Subscription Terms Changed Terms Termination. Either you or Estylo.com may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of Estylo.com in operating the Estylo.com site and/or the Community Areas, (ii) content available through the Subscription or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending notice to Estylo Customer Service, 3600 Wilshire Blvd. #1903. Los Angeles, CA 90010, by e-mail sent to info@estylo.com, or by going to the Subscription Summary accessible from the Smart Statement and following the directions listed. Notice of termination will be effective upon receipt by Estylo.com. Without limiting the foregoing, Estylo.com. shall have the right to immediately terminate this Agreement with respect to any user which Estylo.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted. The provisions of Sections 5, 6, 7, 8 and this Section 10 shall survive termination of this Agreement. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by Estylo.com for any reason other than breach of this Agreement by you or termination by you in accordance with this subsection C of this Agreement in which you identify the termination as resulting from changed terms, Estylo.com shall make a pro rata refund to you. (b) Products and Other Services. With respect to products and services offered for sale by Estylo.com and third parties or through the Estylo.com site: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase. Miscellaneous |
|
Copyright © 2007- |