Style Me Pretty Terms of Use
Style Me Pretty is a wedding website that provides valuable wedding-related information for the modern bride. The services offered by Style Me Pretty, LLC (“Style Me Pretty” or “we”) include the Style Me Pretty websites located at stylemepretty.com or any sub domain of stylemepretty.com (the “Style Me Pretty Website”), and any other feature, content or applications offered from time to time by Style Me Pretty in connection with the Style Me Pretty Website whether accessed directly or through our application for mobile devices (collectively, the “Style Me Pretty Services”). The Style Me Pretty Services are hosted in the United States.
These Terms of Use (this “Agreement”) set forth the legally binding terms for your use of the Style Me Pretty Services. By using the Style Me Pretty Services, whether as a “Visitor” (meaning you simply browse the Style Me Pretty website) or as a “User” (meaning you have registered with and/or submitted content to the Style Me Pretty website either as an individual or as a company), you agree to be bound by this Agreement and the Style Me Pretty Privacy Policy located at www.stylemepretty.com/privacy-policy. This Agreement includes your rights, obligations and restrictions regarding your use of the Style Me Pretty Services, please read it carefully. If you do not agree with the Terms of this Agreement, you should leave the Style Me Pretty Website and discontinue use of the Style Me Pretty Services immediately. If you wish to become a User, submit content, video or images, communicate with other Users and generally make use of the Style Me Pretty Services, you must read this Agreement and indicate your acceptance during the content submission process.
Style Me Pretty may modify this Agreement from time to time and each modification will be effective when it is posted on the Style Me Pretty Website. You agree to be bound to any changes to this Agreement through your continued use of the Style Me Pretty Services. You will not be notified of any modifications to this Agreement so it is important that you review this Agreement regularly to ensure you are updated as to any changes.
WE URGE YOU TO THINK BEFORE YOU UPLOAD, SUBMIT OR EMBED CONTENT. THIS AGREEMENT PERMITS YOU TO UPLOAD TO , SUBMIT TO OR EMBED ON THE STYLE ME PRETTY SERVICES ONLY PHOTOS OR OTHER CONTENT THAT YOU OWN THE COPYRIGHT TO OR OTHERWISE HAVE THE RIGHT TO PUBLISH. BY UPLOADING, SUBMITTING OR EMBEDDING PHOTOS OR OTHER CONTENT THAT YOU DO NOT OWN THE COPYRIGHT TO OR DO NOT OTHERWISE HAVE THE RIGHT TO PUBLISH, YOU MAY SUBJECT YOURSELF TO LEGAL LIABILITY (SEE E.G., SECTIONS 4, 5 AND 6 BELOW). IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE ADEQUATE RIGHTS TO PUBLISH TO THE STYLE ME PRETTY SERVICES ALL PHOTOS AND OTHER CONTENT YOU POST.
1. Eligibility. Use of the Style Me Pretty Services is void where prohibited. You must be eighteen (18) years of age or over to be a Visitor or User of the Style Me Pretty Services. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Style Me Pretty Services and all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
2. Term. This Agreement shall remain in full force and effect while you use the Style Me Pretty Services or are a User. Style Me Pretty may terminate your use of the Style Me Pretty Website or the Style Me Pretty Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.
3. Non-commercial Use by Members.The Style Me Pretty Services are for the personal use of Visitors and Users only and may not be used by you in connection with any commercial endeavors except those that are specifically endorsed or approved by Style Me Pretty. Illegal and/or unauthorized use of the Style Me Pretty Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Style Me Pretty Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Style Me Pretty Services
4. User Content.
5. Content Uploaded, Submitted, Embedded.
6. Prohibited Content.Style Me Pretty reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for the Style Me Pretty Services and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that Style Me Pretty deems to be inappropriate:
Style Me Pretty’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and Style Me Pretty expressly reserves the right to investigate and take appropriate legal action against anyone who, in Style Me Pretty’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
7. Prohibited Activity. You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the Style Me Pretty Services:
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Style Me Pretty or others (including without limitation Third Party Content or Style Me Pretty Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Style Me Pretty Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Style Me Pretty Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Style Me Pretty’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Style Me Pretty, LLC, 231 Boston Post Rd., Wayland, MA 01778; and email: dmca@stylemeprettty.com.
9. User Disputes. You are solely responsible for your interactions with other Style Me Pretty Users. Style Me Pretty reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
10. Privacy. Use of the Style Me Pretty Services is also governed by our Privacy Policy, located at www.stylemepretty.com/privacy-policy and incorporated into this Agreement by this reference.
11. Promotions and Giveaways. From time to time, Style Me Pretty will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information shared with. Style Me Pretty encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.
12. Disclaimer of Warranties. THE STYLE ME PRETTY SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND STYLE ME PRETTY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR STYLE ME PRETTY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. 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.
Without limiting the generality of the foregoing, Style Me Pretty is not responsible for any incorrect or inaccurate Content posted on the Style Me Pretty Website or in connection with the Style Me Pretty Services. User Content created and posted on the Style Me Pretty Website may contain links to other websites. Style Me Pretty is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by Style Me Pretty. Inclusion of any linked website on the Style Me Pretty Services does not imply approval or endorsement of the linked website by Style Me Pretty. When you access these third-party sites, you do so at your own risk. Style Me Pretty takes no responsibility for third party advertisements which are posted on this Style Me Pretty Website or through the Style Me Pretty Services, nor does it take any responsibility for the goods or services provided by its advertisers. Style Me Pretty is not responsible for the conduct, whether online or offline, of any User of the Style Me Pretty Services. Style Me Pretty assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. Style Me Pretty is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Style Me Pretty Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Style Me Pretty Services. Under no circumstances shall Style Me Pretty be responsible for any loss or damage, including personal injury or death, resulting from use of the Style Me Pretty Services, attendance at a Style Me Pretty event, from any Content posted on or through the Style Me Pretty Services, or from the conduct of any Users of the Style Me Pretty Services, whether online or offline. Style Me Pretty cannot guarantee and does not promise any specific results from use of the Style Me Pretty Services.
13. Limitation of Liability. IN NO EVENT SHALL STYLE ME PRETTY OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF STYLE ME PRETTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF STYLE ME PRETTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STYLE ME PRETTY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, PAID BY YOU TO STYLE ME PRETTY FOR THE STYLE ME PRETTY SERVICES DURING THE TERM OF YOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT STYLE ME PRETTY SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU
14. Special Admonitions for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
15. Disputes; Choice of Law; Venue. If there is any dispute about or involving the Style Me Pretty Services, you agree that the dispute shall be governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Massachusetts, City of Boston. You hereby waive to the maximum extent permitted by applicable law, any claim that such courts constitute an inconvenient venue. The prevailing party in any action brought in connection with this Agreement shall be entitled to an award of attorneys’ fees and costs incurred by the prevailing party in connection with such action.
16. Indemnity.You agree to indemnify and hold harmless Style Me Pretty, and any parent, subsidiary, and affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner and operator, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Style Me Pretty Services in violation of this Agreement and/or arising from: (i) your use of and access to the Style Me Pretty Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Style Me Pretty Website and/or the Style Me Pretty Services
17. Other. This Agreement is accepted upon your use of the Style Me Pretty Website or any of the Style Me Pretty Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Style Me Pretty regarding the use of the Style Me Pretty Services. The failure of Style Me Pretty to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Style Me Pretty is a trademark of Style Me Pretty, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
18. Waiver and Severability of Terms. The failure of Style Me Pretty to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
19. Statute of Limitations. 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 this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. VIOLATIONS. Please report any violations of these Terms of Use to us by emailing us at content-abuse@stylemepretty.com
Please contact us at: tos@stylemepretty.com with any questions regarding this Agreement.
Last Updated: April 2, 2012