Terms of Service

Acceptance of Terms

These Terms of Service (TOS) govern your access to and use of the various services on StylishHome’s websites (the “StylishHome Services”), and any information, text, graphics, software, or other materials uploaded, downloaded or appearing on the StylishHome Services (collectively referred to as “Content”). Your access to and use of the StylishHome Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the StylishHome Services you agree to be bound by these Terms. If you do not wish to be bound by these Terms, please do not access, browse, or use the site or any StylishHome Services.

Description of Services

StylishHome provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, file storage, through its properties which may be accessed through any various medium or device now known or hereafter developed (the "StylishHome Services"). You also understand and agree that the StylishHome Services may include advertisements and that these advertisements are necessary for StylishHome to provide the StylishHome Services. You also understand and agree that the StylishHome Services may include certain communications from StylishHome, such as service announcements and administrative messages, and that these communications are considered part of StylishHome membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current StylishHome Services, including the release of new StylishHome properties, shall be subject to the TOS. You are responsible for obtaining access to the StylishHome Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the StylishHome Services.

You understand that the technical processing and transmission of the StylishHome Services, including your Content, may involve transmissions over various networks.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the StylishHome Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that StylishHome shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the StylishHome Services.

Your Registration Obligations

In consideration of your use of the StylishHome Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the StylishHome Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the StylishHome Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or StylishHome has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, StylishHome has the right to suspend or terminate your account and refuse any and all current or future use of the StylishHome Services (or any portion thereof). StylishHome is concerned about the safety and privacy of all its users, particularly children. For this reason, StylishHome will not knowingly register a child under the age of 13 years old.

Member Activity

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not StylishHome, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the StylishHome Services. StylishHome does not control the Content posted via the StylishHome Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the StylishHome Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will StylishHome be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the StylishHome Services.

You agree to not use the StylishHome Services to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a StylishHome official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the StylishHome Service;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • interfere with or disrupt the StylishHome Services or servers or networks connected to the StylishHome Services, or disobey any requirements, procedures, policies or regulations of networks connected to the StylishHome Services, including using any device, software or routine to bypass our robot exclusion headers;
  • intentionally or unintentionally violate any applicable local, state, national or international law;
  • provide 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;
  • "stalk" or otherwise harass another; and/or
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.

You acknowledge that StylishHome may or may not pre-screen Content, but that StylishHome and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the StylishHome Services. Without limiting the foregoing, StylishHome and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by StylishHome or submitted to StylishHome, including without limitation information in StylishHome Message Boards and in all other parts of the StylishHome Services.

You acknowledge, consent and agree that StylishHome may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of StylishHome, its users and the public.

Changes

You understand that the StylishHome Services and software embodied within the StylishHome Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by StylishHome and/or content providers who provide content to the StylishHome Services. You may not attempt to override or circumvent any of the usage rules embedded into the StylishHome Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the StylishHome Services, in whole or in part, is strictly prohibited.

StylishHome Community Areas, Including but not limited to Forums, Groups and Blogs, are governed by a set of Member Conduct which does not supersede in any way this section. All decisions regarding suspension of StylishHome Services or the modification or deletion of Content, are the sole discretion of StylishHome. StylishHome reserves the right to refuse service to anyone, for any reason, at any time.

Content Submitted or Made Available for Inclusion on the Services

StylishHome does not claim ownership of Content you submit or make available for inclusion on the StylishHome Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the StylishHome Services, you grant StylishHome the following worldwide, royalty-free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of StylishHome Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the StylishHome Services solely for the purposes of providing and promoting the specific StylishHome Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the StylishHome Services and will terminate at the time you remove or StylishHome removes such Content from the StylishHome Services.

With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the StylishHome Services other than StylishHome Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the StylishHome Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the StylishHome Services and will terminate at the time you remove or StylishHome removes such Content from the StylishHome Services.

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the StylishHome Services other than StylishHome Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the StylishHome Services are those areas of the property that are intended by StylishHome to be available to the general public. By way of example, publicly accessible areas of the StylishHome Services would include Message Boards, portions of Groups, and Idea Files that are open to both members and visitors. However, publicly accessible areas of the StylishHome Services would not include portions of StylishHome Groups that are limited to members.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, StylishHome cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the StylishHome Services or obtained by you through the StylishHome Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the StylishHome Services or endorse any opinions expressed via the StylishHome Services. You understand that by using the StylishHome Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will StylishHome be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the StylishHome Services or broadcast elsewhere.

Privacy

Any information that you provide to StylishHome is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the StylishHome Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by StylishHome. As part of providing you the StylishHome Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the StylishHome Servicesclass="linkColor" and your StylishHome account, which you may not be able to opt-out from receiving.

Passwords

You are responsible for safeguarding the password that you use to access the StylishHome Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, and numbers) with your account. StylishHome cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

StylishHome Rights

You acknowledge and agree that the StylishHome Services and any necessary software used in connection with the StylishHome Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the StylishHome Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by StylishHome or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the StylishHome Services, such Content or the Software, in whole or in part.

StylishHome grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the StylishHome Services. You agree not to access the StylishHome Services by any means other than through the interface that is provided by StylishHome for use in accessing the StylishHome Services.

All right, title, and interest in and to the StylishHome Services (excluding Content provided by users) are and will remain the exclusive property of StylishHome and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the TOS gives you a right to use the StylishHome name or any of the StylishHome trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding StylishHome, or the StylishHome Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Copyright Policy

StylishHome respects the intellectual property rights of others and expects users of the StylishHome Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, StylishHome will also terminate a user’s account if the user is determined to be a repeat infringer. Send notice of alleged copyright infringement appearing on the StylishHome Services to:

StylishHome L.L.C.
1121 38th Ave E
Seattle, WA 98112
 

The Services are Available “As Is”

Your access to and use of the StylishHome Services or any Content is at your own risk. You understand and agree that the StylishHome Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, STYLISHHOME AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. StylishHome will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that StylishHome has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the StylishHome Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from StylishHome or through the StylishHome Services, will create any warranty not expressly made herein.

Links

The StylishHome Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that StylishHome is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that StylishHome shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT STYLISHHOME AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 STYLISHHOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE STYLISHHOME SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE STYLISHHOME SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE STYLISHHOME SERVICE.

Compliance with Laws

You agree to comply with all applicable laws regarding your use of the StylishHome Services, including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.

Termination of Your Access to Services

You agree that StylishHome, in its sole discretion, may terminate your access to any of the Services, and/or remove, discard or modify any Content within the StylishHome Services, for any reason, including, without limitation, if StylishHome believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Termination of your access to the StylishHome Services may be effected without prior notice. StylishHome shall not be liable to you or any third party for the discontinuation or termination of your access to the Services. If StylishHome terminates your license to access the Services, your obligations under this Agreement will survive such termination.

Indemnity

You agree to indemnify and hold StylishHome and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the StylishHome Services, your use of the StylishHome Services, your connection to the StylishHome Services, your violation of the TOS, or your violation of any rights of another.

No Commercial Reuse of Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the StylishHome Services (including Content, advertisements, Software and your StylishHome ID).

General Practices Regarding Use and Storage

You acknowledge that StylishHome may establish general practices and limits concerning use of the StylishHome Services, including without limitation the maximum number of days that message board postings, photos, or other uploaded Content will be retained by the StylishHome Services, the maximum disk space that will be allotted on StylishHome’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the StylishHome Services in a given period of time. You agree that StylishHome has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the StylishHome Services. You acknowledge that StylishHome reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that StylishHome reserves the right to modify these general practices and limits from time to time.

Modifications to StylishHome Services

StylishHome reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the StylishHome Services (or any part thereof) with or without notice. You agree that StylishHome shall not be liable to you or to any third party for any modification, suspension or discontinuance of the StylishHome Services (or any part thereof).

Waiver and Severability

The failure of StylishHome to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision. In the event that any provision of these TOS is held to be invalid or unenforceable, the remaining provisions of these TOS will remain in full force and effect.

Controlling Law and Jurisdiction

These TOS and any action related thereto will be governed by the laws of the State of Washington without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the StylishHome Services will be brought solely in King County, Washington, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these TOS on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these TOS and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Washington (excluding choice of law).

No third Party Beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

Trademarks

You agree that all of StylishHome’s trademarks, trade names, service marks and other StylishHome logos and brand features, and product and service names are trademarks and the property of StylishHome L.L.C. Without StylishHome's prior permission, you agree not to display or use in any manner the StylishHome Marks.

Notice

StylishHome may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the StylishHome Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the StylishHome Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the StylishHOme Services in an authorized manner.

No Other Agreements or Relationship Between Us

With the exception of StylishHome's Privacy Policy, and Member Conduct which are incorporated within this Agreement by reference, this Agreement constitutes the entire agreement between you and StylishHome for governing your use of the StylishHome Services and supersedes any prior agreements between you and StylishHome for that purpose, including any membership agreements or other similar agreements applying to the StylishHome Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and StylishHome as a result of this TOS or your access to and use of the StylishHome Services.

No Right of Survivorship and Non-Transferability

You agree that your StylishHome account is non-transferable and any rights to your StylishHome ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Limitations of Actions Brought Against StylishHome

You agree that any claim or action by you arising out of your use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, you agree that any failure by StylishHome to enforce or exercise any provision of this Agreement or related right, or to object to your breach of the Agreement, shall not constitute a waiver of that right or provision. Similarly, you agree that no statement, action, or inaction of StylishHome, even if you allege that such statement, action, or inaction is inconsistent with this Agreement, will be deemed a waiver or constructive amendment of this Agreement.

Changes to this Agreement

We may revise the TOS from time to time without notice.

Section Titles

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Contact Information

If you have any questions regarding the TOS feel free to contact us.

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