Wundermodel Ltd. ("StyleLike") provides and operates an online website at http://StyleLike.it (the "Site") and operates various external applications ("Apps") that create technological and commercial relationships between third-party retailers, advertisers and other businesses associated with StyleLike ("Merchants"), individuals and entities with websites, blogs, social media presence, agents or agencies, digital publishers and other content platforms ("Content Publishers") and consumers ("You", "Your" and "Users") to facilitate sales ("Sales") of products and services (collectively, "Products") and the promotion of Merchants.
This Terms of Service Agreement ("Agreement") is a legally binding agreement that governs your use of the Site and Apps, such as those available through or in connection with social networking sites ("SNS") such as Instagram, (collectively, the "Services").
The Services are owned and operated by StyleLike. StyleLike has the right at any time to change or discontinue any aspect or feature of the Services including, without limitation, the content and software needed for access or use of the App or the Site. By using StyleLike Services, you understand and agree to all terms and conditions of this Agreement.
This Agreement is separate from, and in addition to, any Terms of Service or similar agreement between you and an SNS, such as Instagram, (collectively, the "SNS Terms"), which constitutes a separate agreement and relationship, but which may affect your access to or use of the Services. The SNS Terms cover your access to and use of all SNS network and services, which would include access to the App. However, StyleLike has no control over SNSs, nor any corporate affiliation with the owners of SNS. Because the App works within an SNS's network and services, the SNS may, at its discretion, take action to alter or deny the SNS services, including your access to StyleLike Services and/or the removal or disabling of the App from the SNS's network. StyleLike is not liable to you or any party for any interruption in the availability of or access to the App caused by an SNS or by your breach of the SNS Terms.
1. Term, Termination and Modifications
The Agreement shall be effective immediately upon your use of the Services (the "Effective Date") and shall continue in full force indefinitely until terminated. StyleLike may terminate your use of the Services with or without cause or notice, including, without limitation, if StyleLike believes that you have violated or acted inconsistently with the Agreement. In the event of termination, Section 4 and all your representations, warranties, indemnifications, and promises shall survive. Furthermore, sections 13-18 will continue to govern any claim or dispute.
2. Access to Our Services.
a) StyleLike, at its sole discretion, may allow or restrict Users access to the Services. Users can, subject to this Agreement and all other policies of StyleLike, access and use the Services and some (but not necessarily all) of the Services' functionalities. One function of the Services is to send digest newsletters containing links and information regarding third-party products. Users can review products and materials via the Services, and can view, "like" and "favorite" various products available for purchase from Merchants. You understand that StyleLike does not accept any liability whatsoever for any harm that might result from any statements presented on the Services, including statements and opinions on the Services, products viewed via the Services, or third-party advertisements or services posted or linked through the Services. You understand that any statements by StyleLike, its employees, agents, and affiliates are provided for informational purposes only.
b) Subject to your acceptance of this Agreement and your continuing compliance with this Agreement and any other relevant StyleLike policies, StyleLike grants to you a personal, non-exclusive, non-transferable, revocable limited license to install, use and display the Services and related software (excluding source and object code) for your non-commercial, personal use on a mobile device or machine(s) of which you are the primary user. You agree not to use the Services for any other purpose, including without limitation to copy, distribute, assign, sell, sublicense, or prepare derivative works, except as specifically allowed in this Agreement. You must not access or use for any commercial purposes any part of the Services or materials available through the Services.
c) StyleLike reserves the right to discontinue the Services or to change the content of the Services in any way and at any time, with or without notice to you, and without liability. StyleLike makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the products or services advertised, offered, or provided by any Merchant, statements made by any Content Publisher, or other individual, company, or service provider utilizing the Services or featured on the Services and assumes no liability related thereto.
3. Eligibility, Registration and Use.
THE SERVICES ARE AVAILABLE ONLY TO INDIVIDUALS AGED 13 YEARS OF AGE OR OLDER. IF YOU ARE 13 OR OLDER, BUT UNDER THE APPLICABLE AGE OF MAJORITY IN YOUR STATE OR JURISDICTION OF RESIDENCE, THEN YOU AGREE TO REVIEW THIS AGREEMENT WITH A PARENT OR LEGAL GUARDIAN TO MAKE SURE YOU AND YOUR PARENT OR LEGAL GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. IF YOU ARE THE PARENT OR LEGAL GUARDIAN AGREEING TO THE AGREEMENT FOR YOUR CHILD OVER 13 YEARS OF AGE, THEN YOU AGREE ON YOUR CHILD'S BEHALF AND FURTHER AGREE AND ACCEPT FULL RESPONSIBILITY FOR YOUR CHILD'S USE OF THE SERVICES. WUNDERMODEL DOES NOT ENCOURAGE, SOLICIT, OR PERMIT VISITORS TO THE SERVICES WHO ARE UNDER THE AGE OF 13.
As part of the registration process, you will select a username and password and provide certain information. If you register through an SNS (e.g., Instagram), we will extract the personal information you have provided to the SNS (such as your name, email address, profile information, profile picture, photos, names and profile pictures of your friends, your friends' profile information, and other information you make available via the SNS from the account you have with the SNS) and use that information to create your Account. The specific information that we extract may depend on the privacy settings you and your SNS friends have with the SNS. You hereby consent to our access to and collection of such personal information about you.
By registering for the Services, you hereby authorize StyleLike to send you emails and other communications.
You are solely responsible for maintaining the confidentiality of your username and password. You may not authorize others to use your account, and you may not share, assign or otherwise transfer your account or login information to any other person or entity. You are responsible for any and all activities that are conducted through your account. StyleLike shall be entitled to assume that a user presenting your username and password is, in fact, you. You agree to notify StyleLike immediately of any unauthorized use of your account. StyleLike shall have the right at any time to change, modify or amend your username and password.
You represent and warrant that the information you provide to StyleLike is accurate, true, not confidential, and not in violation of any contractual obligations or other third party rights. You agree that it is your responsibility to keep your information accurate and updated. You represent and warrant that you are not a competitor of StyleLike and are not using the Services in competition with StyleLike. You further represent and warrant that you are using the Services solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Services, any materials available through the Services, or StyleLike.
StyleLike shall have the right in its sole discretion to substitute, replace, modify or upgrade the Services as StyleLike deems advisable; and, all substitutions, replacements, modifications and upgrades shall be incorporated in and subject to this Agreement and shall be the exclusive property of StyleLike. If StyleLike shall provide you with any substitutions, replacements, modifications and/or upgrades, you will be required to utilize such version. StyleLike will only be required to support the most recent and current version provided to you.
4. Restrictions on Use.
a) You agree that systematic retrieval of data from the Services to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of StyleLike is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Services, in any manner or in any quantities not authorized by StyleLike. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of StyleLike or its affiliates without prior express written consent. You may not use any meta tags or any other "hidden text" utilizing StyleLike's name or trademarks without our express written consent.
b) You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this Section or to interfere or attempt to interfere with the proper working of the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host's infrastructure. You agree that you will not knowingly provide false information to sabotage or otherwise negatively affect the Services.
c) You agree not to copy, transcribe and/or publish, transmit, or otherwise share, in any way, directly or indirectly, any StyleLike images, features, functionality, code or any other aspects of the Services, in whole or in part, with any third parties or on any third-party web sites, including, without limitation, the use of screen shots.
d) You agree you will not reverse engineer, disassemble or decompile any StyleLike prototypes or software, nor any other systems, information, materials or objects which are provided to you or to which you are granted access hereunder.
e) You agree to be bound by any application, forum, or specific rules published within the Services.
5. Your Content.
a) You represent, warrant and agree that you are the exclusive owner of your Content and/or you have all rights, licenses, consents and releases necessary for the Content that you make available on the Services, including the right to grant all of the rights and licenses in this Agreement without StyleLike incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you. You further represent, warrant and agree that your Content does not infringe, misappropriate or violate a third party's intellectual property rights, a third party's rights of publicity or privacy, or any other law or regulation.
b) License. You grant to StyleLike a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform and publicly display your Content for the purpose of operating, promoting, and improving the Services. Without limiting the above, you grant to StyleLike the right to syndicate your Content for any purpose, including without limitation the right to use such syndicated Content to promote the StyleLike brand. You further grant to StyleLike all rights necessary to facilitate your use of a third party's site, app or services that require syndication or other use of your Content in connection with StyleLike.
6. Inappropriate Content.
You may not post inappropriate Content in connection with the Services. Inappropriate Content includes anything StyleLike, in its sole discretion, determines to be offensive or inappropriate for inclusion or use on the Services. It includes, without limitation, Content that:
a) impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity, or creates a false identity for purposes of misleading others;
b) promotes or contains material that is illegal, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, sexually explicit, violent, invasive of another's privacy, hateful, discriminatory based on race/sex/religion/nationality/disability/age/sexual orientation, directed toward children under 13 years of age pursuant to the Children's Online Privacy Protection Act (see also, FTC's Children's Privacy Site at http://business.ftc.gov/privacy-and-security/childrens-privacy ), or otherwise objectionable;
c) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
d) you do not have the right to disclose under contract or applicable law;
e) contains software viruses or any other technology designed to interrupt, destroy or limit the functionality of the Services;
f) involves the transmission of "junk mail", "chain letters" or unsolicited mass e-mails – "spam";
g) uses automated scripts or other technology to collect information from or otherwise interact with the Services or other users without their consent;
h) engages in advertising or other solicitation activities such as pyramid schemes, contests, or sweepstakes;
i) provides material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
j) includes other people's personally identifying information or other confidential information, such as credit card numbers, Social Security numbers, license numbers, passwords, phone numbers, addresses, and email addresses; or
k) violates or encourages or facilitates the violation of any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
Violating this Agreement may lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed necessary.
The Services may contain links to third party sites or third party applications, including advertisers. However, please be aware that StyleLike is not responsible for and cannot control the terms of service or privacy policies of such other sites. We encourage you to be aware when you leave the Services, and to read the applicable agreements for each and every site or application. The Agreement applies solely to these Services. StyleLike is not responsible for and makes no representations or warranties regarding links, including without limitation, the content, accuracy, opinions, functionality, or services provided in such linked sites or applications. Inclusion of any linked site or application on the Services does not imply approval or endorsement by StyleLike.
8. Ownership of Intellectual Property.
Unless otherwise specified, all materials that are part of the Services are owned, controlled, or licensed by StyleLike and are protected by law from unauthorized use. The entire contents of the Services are protected under copyright, patent, trademark, and/or other intellectual property laws. StyleLike, the StyleLike logos, and all designs are trademarks and/or trade dress of StyleLike and may not be used without the express written permission of StyleLike. All other trademarks appearing on the Services are the property of their respective owners.
You do not acquire any ownership rights by using the Services or downloading material from or uploading material to the Services. You agree not to (and shall not allow any third party to) reproduce, distribute, publish, prepare derivative works, publicly perform, publicly display, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer or exploit any right in the Services, in whole or in part, except as expressly permitted herein.
9. Export Control.
You agree to comply with all U.S. and foreign export laws regarding the importation and exportation of goods and services. You represent and warrant that (i) you are not located in any country to which the United States has embargoed goods or has designated as a terrorist supporting country; and (ii) you are not listed on any United States list of prohibited parties.
10. Use of Content in the Services.
The content contained in the Services, and the terms, conditions, and descriptions that appear, are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by the Merchants.
11. Feedback and Idea Submission.
All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to StyleLike in connection with the use of the Services shall be the exclusive property of StyleLike. Such Ideas will be non-confidential and StyleLike shall have no obligations to you, contractual or otherwise. You agree that StyleLike may use, sell, exploit and disclose the Ideas in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you.
StyleLike may assign its rights and obligations under this Agreement freely. You may not assign any rights or obligations under this Agreement without StyleLike's written consent.
13. No Warranty / Disclaimers.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT ALLOWED BY LAW, STYLELIKE AND ITS OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS (THE "STYLELIKE PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SERVICES WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. STYLELIKE NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE SERVICES.
STYLELIKE PARTIES ASSUME 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, THE SERVICES OR ANY USER COMMUNICATIONS.
STYLELIKE PARTIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICES, WHETHER CAUSED BY USERS OF THE SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES.
STYLELIKE PARTIES MAKE NO WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE STYLELIKE PARTIES OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
14. Limitation of Liability.
WHEN PERMITTED BY LAW, STYLELIKE PARTIES, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SERVICES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE FOREGOING PROVISION MAY HAVE THE EFFECT TO LIMITING THE LIABILITY OF THE STYLELIKE PARTIES FOR THEIR OWN NEGLIGENCE, INCLUDING THEIR OWN GROSS NEGLIGENCE.
IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE.
NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, STYLELIKE PARTIES' TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE SERVICES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS STYLELIKE PARTIES, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE SERVICES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, ATTORNEYS' FEES, EXPENSES, AND SETTLEMENTS, WHETHER GROUNDED IN CONTRACT, TORT, STATUTE, LAW OR EQUITY, INCLUDING WITHOUT LIMITATION CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR INABILITY TO USE THE SERVICES, THE MATERIALS THE SERVICES CONTAIN, ANY SITES OR APPLICATIONS LINKED TO THE SERVICES, ANY ALLEGED VIOLATION OF THE AGREEMENT, AND ANY ALLEGED VIOLATION OF THE RIGHTS OF A THIRD PARTY. THE FOREGOING PROVISION MAY HAVE THE EFFECT TO PROVIDING INDEMNITY TO THE STYLELIKE PARTIES LIABILITY AND DAMAGES ARISING FROM THEIR OWN NEGLIGENCE, INCLUDING THEIR OWN GROSS NEGLIGENCE.
16. Choice of Law, Venue and Claim Resolution.
The laws of Hong Kong, without application of conflict of law provisions, will apply to any disputes arising out of or relating to this Agreement or the Services. All claims arising out of or relating to this Agreement or the Services will be litigated exclusively in Hong Kong. The Agreement is fully performable in Hong Kong. The parties consent to personal jurisdiction in Hong Kong and hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in Hong Kong.
Any dispute must be raised within one (1) year after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void.
You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against StyleLike.
17. Waiver / Severability / Headings.
If any provision of the Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore. StyleLike's failure to require or enforce strict performance of any provision or to exercise any right under the Agreement shall not be construed as a waiver of any such provision or right. The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Agreement.
18. Notices / Contact Us.
Any notices or communication sent to you by StyleLike will be sent to your email address on file with StyleLike, which may be updated by you in writing at any time. It is your responsibility for ensuring that StyleLike has your current email address at all times. Any notice sent to you via such email address by StyleLike shall be deemed given, received, and read by you, whether or not it actually is received and/or read.
Any notices or communications sent by you to StyleLike pursuant to this Agreement must be in writing and sent to the address specified herein or such other address as StyleLike may specify in writing.
All notices will be sent to:
132 Nathan Road
Unit 1010, 10/F, Miramar Tower
Effective date: Jan 12 2016