Shareyourlook.com is a fashion
community that allows Members to create unique personal
profiles online in order to find and communicate with old
and new friends. The Services offered by Shareyourlook.com
("Shareyourlook.com" or "we") include the Shareyourlook.com
Website (the "Website"), the Shareyourlooks.com instant messenger,
and any other features, content, or applications offered from
time to time by Shareyourlook.com in connection with the Website
(collectively, the "Services").
This Terms of Use Agreement
("Agreement") sets forth the legally binding terms for your
use of the Services. By using the Services, you agree to be bound by
this Agreement, whether you are a "Visitor" (which means
that you simply browse the Website) or you are a "Member"
(which means that you have registered with Shareyourlook.com). The
term "User" refers to a Visitor or a Member. You are only
authorized to use the Services (regardless of whether your access or
use is intended) if you agree to abide by all applicable laws and to
this Agreement. Please read this Agreement carefully and save it. If
you do not agree with it, you should leave the Website and
discontinue use of the Services immediately. If you wish to become a
Member, communicate with other Members and make use of the Services,
you must read this Agreement and indicate your acceptance at the end
of this document before proceeding to the Registration process.
This Agreement includes
Shareyourlook.com’s policy for acceptable use of the Services and
Content posted on the Website, your rights, obligations and
restrictions regarding your use of the Services and
Shareyourlook.com’s Privacy Policy. In order to participate in
certain Services, you may be notified that you are required to
download software or content and/or agree to additional terms and
conditions. Unless otherwise provided by the additional terms and
conditions applicable to the Services in which you choose to
participate, those additional terms are hereby incorporated into this
Agreement. You may receive a copy of this Agreement by emailing us
at:privacy@shareyourlook.com
Shareyourlook.com may modify this Agreement
from time to time and such modification shall be effective
upon posting by Shareyourlook.com on the Website. You agree to be
bound to any changes to this Agreement when you use the Services
after any such modification is posted. It is therefore important that
you review this Agreement regularly to ensure you are updated as to
any changes.
Please choose carefully the information
you post on Shareyourlook.com and that you provide to other Users.
Your Shareyourlook.com profile may not include the following items:
telephone numbers, street addresses, last names, and any photographs
containing nudity, or obscene, lewd, excessively violent, harassing,
sexually explicit or otherwise objectionable subject matter. Despite
this prohibition, information provided by other Shareyourlook.com
Members (for instance, in their Profile) may contain inaccurate,
inappropriate, offensive or sexually explicit material, products or
services, and Shareyourlook.com assumes no responsibility or
liability for this material. If you become aware of misuse of the
Services by any person, please contact Shareyourlook.com or click on
the "Contact Us” link at the bottom of any Shareyourlook.com page.
Shareyourlook.com reserves the right,
in its sole discretion, to reject, refuse to post or remove any
posting (including email) by you, or to restrict, suspend, or
terminate your access to all or any part of the Services at any time,
for any or no reason, with or without prior notice, and without liability.
1. Eligibility
. Use of and Membership
in the Services is void where prohibited. By using the Services, you
represent and warrant that (a) all registration information you
submit is truthful and accurate; (b) you will maintain the accuracy
of such information; (c) you are 13 years of age or older; and (d)
your use of the Services does not violate any applicable law or
regulation. Your profile may be deleted and your Membership may be
terminated without warning, if we believe that you are under 13 years
of age.
2. Term
. This Agreement shall remain in
full force and effect while you use the Services or are a Member. You
may terminate your Membership at any time, for any reason, by
following the instructions on the Member's Account Settings page.
Shareyourlook.com may terminate your Membership at any time, without
warning. Even after Membership is terminated, this Agreement will
remain in effect, including sections 5-17.
3. Fees.
You acknowledge that
Shareyourlook.com reserves the right to charge for the Services and
to change its fees from time to time in its discretion. If
Shareyourlook.com terminates your Membership because you have
breached the Agreement, you shall not be entitled to the refund of
any unused portion of subscription fees.
4. Password.
When you sign up to become
a Member, you will also be asked to choose a password. You are
entirely responsible for maintaining the confidentiality of your password.
You agree not to use the account, username, or password of
another Member at any time or to disclose your password to any third
party. You agree to notify Shareyourlook.com immediately if you
suspect any unauthorized use of your account or access to your
password. You are solely responsible for any and all use of your
account.
5. Non-commercial Use by Members.
The
Services are for the personal use of Members only and may not be used
in connection with any commercial endeavors except those that are
specifically endorsed or approved by Shareyourlook.com. Illegal
and/or unauthorized use of the Services, including collecting
usernames and/or email addresses of Members by electronic or other
means for the purpose of sending unsolicited email or unauthorized
framing of or linking to the Website is prohibited. Commercial
advertisements, affiliate links, and other forms of solicitation may
be removed from Member profiles without notice and may result in
termination of Membership privileges. Appropriate legal action will
be taken for any illegal or unauthorized use of the Services.
6. Proprietary Rights in Content on Shareyourlook.com.
1. By displaying or publishing
("posting") any Content, messages, text, files, images,
photos, video, sounds, profiles, works of authorship, or any other
materials (collectively, "Content") on or through the
Services, you hereby grant Shareyourlook.com, a non-exclusive,
fully-paid and royalty-free, worldwide license (with the right to
sublicense through unlimited levels of sublicensees) to use, copy,
modify, adapt, translate, publicly perform, publicly display, store,
reproduce, transmit, and distribute such Content on and through the
Services. This license will terminate at the time you remove such
Content from the Services. Notwithstanding the foregoing, a back-up
or residual copy of the Content posted by you may remain on the
Shareyourlook.com servers after you have removed the Content from the
Services, and Shareyourlook.com retains the rights to those copies.
You represent and warrant that: (i) you own the Content posted by you
on or through the Services or otherwise have the right to grant the
license set forth in this section, and (ii) the posting of your
Content on or through the Services does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other
rights of any person. You agree to pay for all royalties, fees, and
any other monies owing
any person by reason of any Content
posted by you to or through the Services.
2. The Services contain Content of
Shareyourlook.com ("Shareyourlook.com Content").
Shareyourlook.com Content is protected by copyright, trademark,
patent, trade secret and other laws, and Shareyourlook.com owns and
retains all rights in the Shareyourlook.com Content and the Services.
Shareyourlook.com hereby grants you a limited, revocable,
nonsublicensable license to reproduce and display the
Shareyourlook.com Content (excluding any software code) solely for
your personal use in connection with viewing the Website and using
the Services.
3. The Services contain Content of
Users and other Shareyourlook.com licensors. Except for Content
posted by you, you may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, or sell any
Content appearing on or through the Services.
7. Content Posted.
1. Shareyourlook.com may delete any
Content that in the sole judgment of Shareyourlook.com violates this
Agreement or which may be offensive, illegal or violate the rights,
harm, or threaten the safety of any person. Shareyourlook.com assumes
no responsibility for monitoring the Services for inappropriate
Content or conduct. If at any time Shareyourlook.com chooses, in its
sole discretion, to monitor the Services, Shareyourlook.com
nonetheless assumes no responsibility for the Content, no obligation
to modify or remove any inappropriate Content, and no responsibility
for the conduct of the User submitting any such Content.
2. You are solely responsible for the
Content that you post on or through any of the Services, and any
material or information that you transmit to other Members and for
your interactions with other Users. Shareyourlook.com does not
endorse and has no control over the Content. Content is not
necessarily reviewed by Shareyourlook.com prior to posting and
does not necessarily reflect the opinions or policies of
Shareyourlook.com. Shareyourlook.com makes no warranties, express or
implied, as to the Content or to the accuracy and reliability of the
Content or any material or information that you transmit to other
Members.
8. Content/Activity Prohibited.
The
following is a partial list of the kind of Content that is illegal
or prohibited to post on or through the Services. Shareyourlook.com
reserves the right to investigate and take appropriate legal action
against anyone who, in Shareyourlook.com¹s sole discretion,
violates this provision, including without limitation, removing the
offending communication from the Services and terminating the
Membership of such violators. Prohibited Content includes, but is not
limited to Content that, in the sole discretion of Shareyourlook.com:
1. is patently offensive and promotes
racism, bigotry, hatred or physical harm of any kind against any
group or individual;
2. harasses or advocates harassment of
another person;
3. exploits people in a sexual or
violent manner;
4. contains nudity, violence, or
offensive subject matter;
5. solicits personal information from
anyone under 18;
6. provides any telephone numbers,
street addresses, last names, URLs or email addresses;
7. promotes information that you know
is false or misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized
copy of another person's copyrighted work, such as providing pirated
computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
9. involves the transmission of "junk
mail," "chain letters," or unsolicited mass mailing,
instant messaging, "spimming," or "spamming";
10. contains restricted or password
only access pages or hidden pages or images (those not linked to or
from another accessible page);
11. furthers or promotes any criminal
activity or enterprise or provides instructional information about
illegal activities including, but not limited to making or buying
illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
12. solicits passwords or personal
identifying information for commercial or unlawful purposes from
other Users;
13. involves commercial activities
and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another
person that you have posted without that person's consent; or
15. uses sexually suggestive imagery or
any unfair, misleading or deceptive Content intended to draw traffic
to the profile.
The following is a partial list of the
kind of activity that is illegal or prohibited on the Website and
through your use of the Services. Shareyourlook.com reserves the
right to investigate and take appropriate legal action against anyone
who, in Shareyourlook.com¹s sole discretion, violates this
provision, including without limitation, reporting you to law
enforcement authorities. Prohibited activity includes, but is not
limited to:
1. criminal or tortuous activity,
including child pornography, fraud, trafficking in obscene material,
drug dealing, gambling, harassment, stalking, spamming, spimming,
sending of viruses or other harmful files, copyright infringement,
patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of,
any Member to buy or sell any products or services through the
Services. You may not transmit any chain letters or junk email to
other Members. It is also a violation of these rules to use any
information obtained from the Services in order to contact, advertise
to, solicit, or sell to any Member without their prior explicit
consent. In order to protect our Members from such advertising or
solicitation, Shareyourlook.com reserves the right to restrict the
number of emails which a Member may send to other Members in any
24-hour period to a number which Shareyourlook.com deems appropriate
in its sole discretion. If you breach this Agreement and send
unsolicited bulk email, instant messages or other unsolicited
communications of any kind through the Services, you acknowledge that
you will have caused substantial harm to Shareyourlook.com, but that
the amount of such harm would be extremely difficult to ascertain. As
a reasonable estimation of such harm, you agree to pay
Shareyourlook.com $50 for each such unsolicited email or other
unsolicited communication you send through the Services;
3. covering or obscuring the banner
advertisements on your personal profile page, or any
Shareyourlook.com page via HTML/CSS or any other means;
4. any automated use of the system,
such as using scripts to add friends;
5. interfering with, disrupting, or
creating an undue burden on the Services or the networks or services
connected to the Services;
6. attempting to impersonate another
Member or person;
7. for band profiles, copying the code for your
Shareyourlook.com Player and embedding it into other profiles or
asking other Members to embed it into their profiles;
8. using the account, username, or
password of another Member at any time or disclosing your password to
any third party or permitting any third party to access your account;
9. selling or otherwise transferring
your profile;
10. using any information obtained from
the Services in order to harass, abuse, or harm another person; or
11. using the Services in a manner
inconsistent with any and all applicable laws and regulations.
9. Copyright Policy.
You may not post,
modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others
without obtaining the prior written consent of the owner of such
proprietary rights. It is the policy of Shareyourlook.com to
terminate Membership privileges of any Member who repeatedly
infringes the copyright rights of others upon receipt of prompt
notification to Shareyourlook.com by the copyright owner or the
copyright owner's legal agent. Without limiting the foregoing, if you
believe that your work has been copied and posted on the 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 Website;
(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. Shareyourlook.com¹s
Copyright Agent for notice of claims of copyright infringement can be
reached as follows: Copyright Agent Shareyourlook.com, Inc. (ADDRESS
OF SYL TO COME)
10. Member Disputes.
You are solely
responsible for your interactions with other Shareyourlook.com
Members. Shareyourlook.com reserves the right, but has no obligation,
to monitor disputes between you and other Members.
11. Privacy.
Use of the Services is
also governed by our Privacy Policy, which is incorporated into this
Agreement by this reference.
12. Disclaimers.
Shareyourlook.com is
not responsible for any incorrect or inaccurate Content posted on the
Website or in connection with the Services provided, whether caused
by Users of the Services or by any of the equipment or programming
associated with or utilized in the Services. Profiles created and
posted by Members on Shareyourlook.com may contain links to other
websites. Shareyourlook.com is not responsible for the Content,
accuracy or opinions expressed on such websites, and such websites
are in no way investigated, monitored or checked for accuracy or
completeness by Shareyourlook.com.Inclusion of any linked website on
Shareyourlook.com does not imply approval or endorsement of the
linked website by Shareyourlook.com. When you access these
third-party sites, you do so at your own risk. Shareyourlook.com
takes no responsibility for third party advertisements which are
posted on this Website or through the Services, nor does it take any
responsibility for the goods or services provided by its advertisers.
Shareyourlook.com is not responsible for the conduct, whether online
or offline, of any User of the Services. Shareyourlook.com 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 or Member communication. Shareyourlook.com 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 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 Services. Under no circumstances shall
Shareyourlook.com be responsible for any loss or damage, including
personal injury or death, resulting from use of the Services,
attendance at a Shareyourlook.com m event, from any Content posted on
or through the Services, or from the conduct of any Users of the
Services, whether online or offline. The Services are provided
"AS-IS" and as available and Shareyourlook.com expressly
disclaims any warranty of fitness for a particular purpose or
non-infringement. Shareyourlook.com cannot guarantee and does not
promise any specific results from use of the Services.
13. Limitation on Liability.
IN NO
EVENT SHALL SHAREYOURLOOK.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE
OF THE SERVICES, EVEN IF SHAREYOURLOOK.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, SHAREYOURLOOK.COM¹S 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, BY YOU TO
SHAREYOURLOOK.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls.
Software
available in connection with the Services (the "Software")
is further subject to United States export controls. No Software may
be downloaded from the Services or otherwise exported or re-exported
in violation of U.S. export laws. By downloading or using the
Software, you represent and warrant that such download or use is not
in violation of any such law.
15. Disputes.
If there is any dispute
about or involving the Services, you agree that the dispute shall be
governed by the laws of the State of California without regard to
conflict of law provisions and you agree to personal jurisdiction by
and venue in the state and federal courts of the State of California,
City and County of San Francisco. Either Shareyourlook.com or you may
demand that any dispute between Shareyourlook.com and you arising out
of this Agreement must be settled by arbitration utilizing the
dispute resolution procedures of the American Arbitration Association
(AAA) in San Francisco, California.
16. Indemnity.
You agree to indemnify
and hold Shareyourlook.com, its subsidiaries, and affiliates, and
their respective officers, agents, partners and employees, harmless
from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
your use of the Services in violation of this Agreement and/or
arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above and/or if any Content
that you post on the Website or through the Services causes
Shareyourlook.com to be liable to another.
17. Other.
This Agreement is accepted
upon your use of the Website or any of the Services and is further
affirmed by you becoming a Member. This Agreement constitutes the
entire agreement between you and Shareyourlook.com regarding the use
of the Services. The failure of Shareyourlook.com 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. Shareyourlook.com is a trademark of Shareyourlook.com, Inc.
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.
Please contact us at: privacy@shareyourlook.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO
ALL OF THE PROVISIONS CONTAINED ABOVE.