1. OVERVIEW
The Services provided at the sole discretion of us and subject to your compliance with these Terms of Service. The Services and the Content are intended solely for your personal, non-commercial use and may only be used in accordance with these Terms of Service.
2. ELIGIBILITY TO USE SERVICES
You must be 18 years or older to use our Services. These Terms of Service are void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions. By accessing the Services, you represent and warrant to us that: (i) you are an individual (i.e., not a corporation) of at least 18 years of age; (ii) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.
3. SERVICES
ACCOUNT
We may offer you the ability to create a account (“Account”) by registering and selecting a password and username to use certain Services. Creating an Account will enable you to receive personalized sale alerts and shop exclusive offers based on information you provide, including favorite Retailers, products, influencers, looks and searches you save. You may not select or use the Account belonging to another person. Each individual person is limited to one Account. You shall provide us with accurate, complete, and updated registration information. Any failure to comply with this provision may result in immediate termination of your account. We reserves the right to refuse registration of or cancel a account in its discretion.
If you are accessing the Services through a third party site or service (such as Facebook, Google, or Apple) (collectively, “Third-Party Platforms”), we may require that your login credentials be the same as your login credentials for such Third-Party Platforms. By providing your Third-Party Platform login credentials to us, you are consenting to have the information in those accounts transmitted into your account. You shall only use Third-Party Platform accounts owned by you and not by any other person or entity. Any use of Third-Party Platforms to create and access your Account is subject to the terms and conditions and privacy policies of such third parties.
4. ACCOUNT MAINTENANCE
Updating Your Account. You agree to keep your Account information current, complete and accurate by periodically updating such information. You must be logged into your Account and enter your password to change your Account information. You will maintain the confidentiality of your Account information, including username and password by which you access the Services. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
5. CONTENT
Copyrights. All materials displayed or performed on the Services, including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video, and influencer images (collectively, “Content”), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of us or the respective owners, and (ii) in any way that violates any third party right. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms of Service), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
6. INTELLECTUAL PROPERTY AND LIMITED LICENSES
This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services for any illegal purpose.
7. YOUR REPRESENTATIONS AND WARRANTIES
You warrant, represent and agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party or misappropriate the trade secrets of any third party in connection with your use of the Services; (ii) violates any law, statute, rule, ordinance or regulation or otherwise constitutes manipulative or misleading activity; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code.
8. RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES
You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Services; (ii) introduce any code intended to disrupt the Services; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other Content of the Services; (iv) access the Services by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from us; (vi) use the manual or automated software, devices, or other processes to “scrape”, “crawl” or “spider” or index any page or Content of the Services; (vii) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of the Services; (viii) rent, sell or sublicense any of the Services; (ix) provide any unauthorized third party with access to the Services; (ix) access or attempt to access confidential information through the Services; (x) interfere with the operation of the Services, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user; (xii) use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; and (xiii) remove, obscure, or alter any notices or links.
9. INTERNATIONAL USE; EXPORT CONTROLS
Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
10. DISCLAIMER OF WARRANTIES
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE SERVICE.
11. PRIVACY
Please review our current Privacy Policy.
12. ELECTRONIC COMMUNICATIONS
We may communicate with you regarding the Services by electronic communications using the information you provide to us when you sign for an Account, contact us through our support services, or provide us your email to receive marketing communications. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change subsequent to the date you provide it to us. We may also send you push notifications if you install our mobile application. You may opt out of receiving certain communications in accordance with our Privacy Policy.
13. INDEMNITY
You agree to indemnify, defend, and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to or use of the Services, the violation of these Terms of Service by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. You agree to cooperate fully as reasonably required in defense and/or settlement of any claim. We reserve the right, in our sole discretion, to assume exclusive control over the defense and/or settlement of any matter subject to indemnification by you.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR ITS RETAILERS, SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THESE Terms of Service UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE LESSER OF THE FEES PAID BY YOU; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS, LOST PROFITS, LOSS OF USE, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
15. RETAILER POLICIES
A product purchased from any Retailer through the Services, is governed by and subject to the applicable Retailer policies, including applicable exchange and shipping policies. You agree that we are not agents of any Retailer and that Retailers operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Retailer is solely between you and that Retailer. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion.
16. TERMINATION OR SUSPENSION
These Terms of Service are effective when accepted by you and will remain in effect until you or we terminate your membership in the Services. We may terminate these Terms of Service and your use of or access to the Services at any time, for any reason or no reason. Any violation of these Terms of Service or the rules and conditions of the Services may result in the termination of your Account. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Services or any functionality, feature or other component thereof.If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to cease participating in the Services. Upon any termination of the Services, your right to use and access your Account and the Services, will terminate. Termination will not prejudice either you or our remedies at law or in equity.
Upon any termination, all provisions of these Terms of Service which by their nature are intended to survive performance hereof by you, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of these Terms of Service.
17. NO WAIVER AND SEVERABILITY
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.If any provision of these Terms of Service are found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
