Terms of Use

Welcome to the Stylehive.  By accessing the Stylehive website or using the services offered in connection with the website (including but not limited to our Stylediary services), you agree to be bound by these Terms of Use, which constitute your agreement with Stylehive, Inc.  The Stylehive website and the services offered in connection with the website will collectively be referred to as the “Service.”  References to “we,” “us,” and “our” refer to Stylehive, Inc.

Subject to and in accordance with these Terms of Use and other guidelines or instructions included in the Service, we grant you a limited, non-exclusive license to access and use the Service.  We reserve the right to terminate this license and your access to the Service, and to remove or discard content you have submitted to the Service, at any time, for any or no reason and with or without notice.  We reserve the right to revoke your particular user ID, or to require you to choose another user ID or password.
We may make changes to these Terms of Use or our Privacy Policy at any time.  Your continued use of the Service following posting of any changes constitutes acceptance of those changes.

Access and Use

Age Requirement; Responsibility.  You may not access or use the Service unless you are at least 13 years old.  You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You are responsible for your use of the Service and for all activities that occur under your account or password.
Registration.  You are required to maintain all information provided during your registration process so that it remains true, accurate, up-to-date and complete at all times.

Conduct.  You may use the Service only in accordance with all applicable laws and regulations, consistent with its intended use and in a manner that does not disrupt the use of the Service by others.  You may not artificially generate traffic or page links to any portion of the Service.  You agree not to authorize, aid, or encourage anyone to act in violation of these Terms of Use. In addition, you agree not to use the Service to:

  1. harvest or otherwise collect or disseminate personal information about others without their consent, or harass or “stalk” another;
  2. impersonate any person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of messages;
  3. gain or attempt to gain unauthorized access to the Service, or other accounts, computer systems or networks connected to the Service, through password mining or any other means;
  4. solicit business for any competitive company or service;
  5. attempt to use the site as a dating service;
  6. solicit other business off topic or not related to the purpose of the site;
  7. export technical data or other materials in violation of any applicable law; or
  8. upload, transmit or otherwise make available material that:
    1. is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable;
    2. infringes any intellectual property right or other right of any third party, including but not limited to any patent, trademark, trade secret or copyright;
    3. constitutes the unauthorized or unlawful disclosure of confidential or other proprietary or nonpublic information;
    4. constitutes “chain letters,” “junk mail,” “spam,” “pyramid schemes” or other duplicative or disruptive messages; or
    5. contains viruses, trojan horses, worms or any other harmful or disruptive computer code, files or programs.

Hyperlinks.  You may create a hyperlink to the home page of the Service so long as the link does not portray the Service, Stylehive, Inc. or its affiliates, or their services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without written permission.

Privacy
Please see our Privacy Policy, which also governs your use of the Service and is incorporated into these Terms of Use.

Stylehive Proprietary Rights
All content included in the Service and originating with Stylehive, Inc., including but not limited to website design, text, photographs, graphics, sound, software and the arrangement of all content in the Service, is the property of Stylehive, Inc. or its licensors, and is protected by United States and international copyright and other applicable law. All rights to such content are reserved to their respective copyright owners. Except as expressly authorized by these Terms of Use or any guidelines or instructions included in the Service, you may not reproduce, modify, copy, create derivative works of, sell or distribute any portion of the Service, use of the Service or access to the Service.

Third-Party Information
The Service provides link to third-party websites, whose content, business practices and privacy policies are not under our control.  We are not responsible for the content of any linked website or any link contained in a linked website, and we will not be liable for any damage or loss caused by or in connection with the use of such websites.  The inclusion of a link in the Service does not imply any endorsement by us or any affiliation between us and the third party. In accessing following links to third-party websites, you may be exposed to content that you consider offensive or inappropriate

“Stylehive,” “Stylediary” and all related logos, graphics and icons are service marks or trademarks of Stylehive, Inc.  All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners, and their presence in the Service does not represent an endorsement of the Service.

Content Provided By Users
You are responsible for all content you submit to the Service.  You warrant that you have all rights necessary to submit such content to the Service, and that the public display and other use of such content by Stylehive, Inc. will not violate the rights of any third party.

You hereby grant Stylehive, Inc. the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, transferable license to use, reproduce, modify, translate, publicly display, perform, create derivative works of, publish, distribute and promote, in any form and for any purpose, any content you submit to the Service.

In using the Service, you may access content submitted by other users.  We do not pre-screen, edit or review content submitted to the Service.  You may be exposed to content that is inaccurate, offensive, indecent or objectionable.  We do not make any representations or warranties about the accuracy, integrity, quality or any other aspect of such content, and we will not be liable for any damage or loss caused by or in connection with the use of such content.  By using the Service, you agree to bear all risks associated with the use of any content on the Service and any reliance on the accuracy, completeness, or usefulness of such content.  We reserve the right, in our sole discretion, to remove, change from public to private, move or otherwise restrict any content submitted to the Service, at any time and for any or no reason, with or without notice.

No Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STYLEHIVE, INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

STYLEHIVE, INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability
STYLEHIVE, INC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR INCURRED IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Exclusions and Limitations
The laws of some states do not allow THE DISCLAIMER OF implied warranties or the exclusion or limitation of LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL damages.  accordingly, some of the above disclaimers, exclusions or limitations may not apply to you.

Indemnity
You agree to indemnify and hold harmless Stylehive, Inc. and its affiliates, officers, employees, agents, partners and licensors from and against any loss, damage, liability and costs, including reasonable attorneys’ fees, incurred in connection with a claim by any third party due to or arising out of your use of the Service, your violation of these Terms of Use or the rights of another party, or content you submit to the Service.

Changes
We reserve the right to make changes to our site, policies, and these Terms of Use at any time.  These Terms of Use represent the entire agreement between you and Stylehive, Inc. with regard to their subject matter, they supersede all prior agreements and representations, and they may not be modified except by Stylehive, Inc. in writing (including modifications by us to this page).  In the event of any conflict between these Terms of Use and any instructions or guidelines included in the Service, these Terms of Use shall control.
Procedure for Making Claims of Copyright Infringement

We may, in appropriate circumstances and in our discretion, disable or terminate the accounts of users who may be repeat infringers.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

       
  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2.    
  3. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  4.    
  5. a description of where the material that you claim is infringing is located on the site;
  6.    
  7. your address, telephone number, and email address;
  8.    
  9. 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;
  10.    
  11. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent

c/o Stylehive, Inc.

685 Market Street, Suite 590

San Francisco, CA 94105

By phone:  (415) 992-5377

By fax:  (419) 858-5176

By email:  .(JavaScript must be enabled to view this email address)

General

Notices.  We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Service.

Choice of Law and Forum.  These Terms of Use, your use of the Service and the relationship between you and Stylehive, Inc. shall be governed by the law of the State of California, without regard to its conflict of laws principles, and shall be brought only in federal or state court in the County of San Francisco, California, and you and Stylehive, Inc. hereby generally and unconditionally submit to and accept the jurisdiction of such courts.

Waiver and Severability.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by us. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court will endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect.

Statute of Limitations.  Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to these Terms of Use or the use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headings.  The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.

Updated 1/23/2009

 

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