Terms and Conditions
Welcome, and thank you for your interest in The Style Content (“The Style Content,” “we,” “us,” or “our”), which operates the web site located https://thestylecontent.com (the “Website”). The following Terms and Conditions are a legal contract between you (“you” and “your”) and The Style Content regarding your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users”. Use of the Website is governed by these Terms and Conditions and The Style Content Privacy Policy, where the Privacy Policy describes the personal information that we collect and how we use and share it.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS”), AND THAT YOU HAVE READ THE STYLE CONTENT PRIVACY POLICY.
PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
1. Eligibility; Accounts
THE WEBSITE IS NOT AVAILABLE TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE.
1.1. Acceptance
By using or registering an account for the Website, you represent that you are of legal age of consent to open an account under the laws of your country of residence. You also represent that you have not been previously suspended or removed from the Website by The Style Content, and that your registration and your use of the Website is in compliance with any and all applicable laws.
1.2. Account
In order to use certain features of the Website, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to The Style Content, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify The Style Content using the contacts provided on the Website. You may be liable for the losses incurred by The Style Content or others due to any unauthorized use of your account.
1.3. Integrated Service
The Style Content may permit you to register for the Website through, or otherwise associate your account with, certain third-party social networking or integrated Website, such as Facebook Connect and Google (“Integrated Service”). By registering for the Website using (or otherwise granting access to) an Integrated Service, you agree that The Style Content may access your Integrated Service’s account information, and may store and use certain information already associated with the Integrated Service consistent with our Privacy Policy, and you agree to any and all terms and conditions of the Integrated Service regarding your use of the Website via the Integrated Service. You may revoke The Style Content’s access to your account on any Integrated Service at any time by updating the appropriate account settings of the respective Integrated Service. You should check your privacy settings on each Integration Service to understand and change the information sent to us through each Integration Service. You agree that any Integrated Service is a Reference Site (as defined below) and you are solely responsible for your interactions with the Integrated Service as a result of accessing the Website through the Integrated Service. The Style Content does not control the practices of Integrated Website, and you are advised to read the Privacy Policy and terms and conditions of any Integrated Service that you use to understand their practices.
1.4. International Use
The Style Content operates the Website in the United Kingdom. If you choose to access our Website from locations outside the United Kingdom, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United Kingdom. You agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Website, if and to the extent local laws are applicable to use of our Website. If you are under the age of 18 (or the age of majority in the jurisdiction in which you reside), you confirm that you have received parental consent, if required in your jurisdiction, to open an account for Service and enter into these Terms. Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Website is appropriate or available for use in jurisdictions outside the United States. The right to access and use the Website is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render The Style Content in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.
2. Privacy Policy
Your privacy is important to The Style Content. Please read The Style Content Privacy Policy carefully for information relating to The Style Content’s collection, use, and disclosure of your personal information. Among other things, our The Style Content Privacy Policy explains how we treat your personal information and protect your privacy when you use our Website, and explain the procedures by which Users, Parent Users and School Personnel may view, update, correct, or delete their account and personal information.
3. Other Guidelines
When using the Website, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
4. Modification of the Terms
4.1. General
Upon opening an account, you accept the Terms in the form posted on our website. The Style Content reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes that are made after you open your account. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, The Style Content will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after The Style Content makes reasonable attempt to provide you such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Website. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
5. User Content License Grant
5.1. User Content and Ownership
The Style Content may permit (a) the posting and/or publishing by you and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Postings”) and (b) the posting, creation, or modification by you and other users of computer code (including source code and object code) (“User Code”) (User Postings and User Code, collectively, “User Content”). You understand that whether or not such User Content is published, The Style Content does not guarantee any confidentiality with respect to any submissions. Consistent with Applicable Law, as between The Style Content and you, you retain all ownership rights you have in any User Content you post or publish to the Website, and The Style Content does not claim any ownership rights in or to such User Content. You acknowledge that you are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.
5.2. License Grant to The Style Content
By posting, submitting or distributing User Content on or through the Website, you hereby grant to The Style Content a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to (a) host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed, to the extent consistent with applicable law and The Style Content’s Privacy Policy). Such license is perpetual and irrevocable, except to the extent required to comply with Applicable Privacy Law relating to ownership and control of your personal information, including education records.
5.3. License Grant to Users
5.3.1 User Postings. By posting, submitting or distributing User Postings through the Website, you hereby grant to each User of the Website a non-exclusive license to access and use your User Postings in any manner permitted or made available by The Style Content on or through the Website.
5.3.2 User Code. By posting, submitting or distributing User Code through the Website, you hereby grant to each User of the Website a non-exclusive license to access, use, reproduce, and distribute your User Code as fully permitted under, and in accordance with the terms of, the MIT license (the “MIT License”).
5.3.3 Downloadable Content. The Website may permit you to download certain digital content (“Downloadable Content”). Subject to your complete and ongoing compliance with all the terms and conditions set forth herein, The Style Content grants you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, view and use the Downloadable Content, in object code form, on devices owned or controlled by you, solely for your personal, non-commercial purposes. You agree not to (i) modify or create derivative works of the Downloadable Content (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the Downloadable Content, and (iii) remove any copyright and other proprietary notices on the Downloadable Content and all copies thereof.
5.4. Access to Your User Content
The Style Content may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Website users) to view. You acknowledge and agree that, although The Style Content may provide certain features intended to allow you to restrict some User Content you create from others, The Style Content does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, The Style Content will use reasonable efforts to notify you. THE STYLE CONTENT HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
5.5. User Content Disclaimer
You understand that when using the Website you will be exposed to User Content from a variety of sources, and that The Style Content is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Style Content with respect thereto. The Style Content does not endorse any User Content or any opinion, recommendation or advice expressed therein, and The Style Content expressly disclaims any and all liability in connection with User Content.
5.6. Feedback
By submitting suggestions or other feedback related to our Website to us, you agree that we can (but do not have to) use and share such feedback for any purpose without compensation to you. We will honor any limits we agree to at the time we collect feedback.
6. Digital Millennium Copyright Act
It is The Style Content’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. The Style Content will promptly terminate without notice your access to the Website if you are determined by The Style Content to be a “repeat infringer.” A repeat infringer is a User who has been notified by The Style Content of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Website more than twice.
7. Proprietary Materials; Licenses
7.1. Proprietary Materials
The Website is owned and operated by The Style Content. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, Website, content, educational videos and exercises, and all other elements of the Website (the “Website Materials”) are protected by United Kingdom and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 7 (Proprietary Materials; Licenses), all Website Materials, and all trademarks, service marks, and trade names (“Licensed Content”), contained on or available through the Website are owned by or licensed to The Style Content, and The Style Content reserves all rights therein and thereto not expressly granted by these Terms.
7.2. Crediting The Style Content
If you distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Content or any derivative works thereof, you must also provide the following notice prominently along with such Licensed Content or derivative work thereof: “All The Style Content content is available for free at https://www.thestylecontent.com” and adhere to The Style Content brand guidelines.
8. Prohibited Conduct
YOU AGREE NOT TO:
8.1. use the Website for any commercial use or purpose unless expressly permitted by The Style Content in writing, it being understood that the Website is intended for personal, non-commercial use only;
8.2. except as expressly permitted under Sections 5.3 (License Grant to Users) and 7 (Proprietary Materials; Licenses) of these Terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Website Materials;
8.3. post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
8.4. post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, promoting of violence, hostility, or discrimination, or otherwise inappropriate;
8.5. use the Website in any manner that is harmful to minors, or in any manner that violates The Style Content’s Community Guidelines;
8.6. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, create accounts via bots or other automated means, or perform any other fraudulent activity;
8.7. develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Website or otherwise copy content and other data from the Website;
8.8. Use bots or other automated methods to access the Website;
8.9. delete (or otherwise obscure or alter) the copyright or other proprietary rights notices on the Website or on any Licensed Content or User Content;
8.10. assert, or authorize, assist, or encourage any third party to assert, against The Style Content or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim;
8.11. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
8.12. use the Website for any illegal purpose, or in violation of any local, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.13. defame, harass, bully, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.14. probe, scan, remove, circumvent, disable, damage or otherwise interfere with or test the vulnerability of security-related features of the Website, Licensed Content or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, or otherwise access, tamper with, or use non-public portions of the Website without our authorization;
8.15. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law (in which case you must Contact The Style Content to give notice of the proposed activity and discuss alternative means to obtain the desired information from The Style Content) notwithstanding this limitation;
8.16. modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by The Style Content herein or to the extent the foregoing restriction is expressly prohibited by applicable law (in which case you must contact The Style Content to give notice of the proposed activity and discuss whether The Style Content is willing to provide the desired derivative works); or
8.17. intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
9. Third-Party Sites, Products and Website; Links
The Website may include links or references to other web sites solely as a convenience to Users (“Reference Sites”). The Style Content does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND WEBSITE ON OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.
10. Term and Termination
10.1. Term
These Terms shall remain in full force and effect while you use the Website unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Website.
10.2. Termination by The Style Content
The Style Content, in its sole discretion, for any or no reason, and without penalty, may: (a) restrict, suspend or terminate: (i) any account (or any part thereof) you may have with The Style Content or (ii) your use of the Website, and (b) remove and discard all or any part of your account, User profile, and User Content, at any time. The Style Content may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account you may have, or portion thereof, may be affected without prior notice, and you agree that The Style Content will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies The Style Content may have at law or in equity. As discussed herein, The Style Content does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
10.3. Termination by You
Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms and Conditions, (iii) Guidelines, (iv) any policy or practice of The Style Content in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and your account. You may terminate these Terms at any time (prospectively only) by deleting your login account with the Website and discontinuing use of any and all parts of the Website.
11. Representations and Warranties
You warrant, represent and agree that you will not provide any User Content or otherwise use the Website in a manner that (i) infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state, country, or local law, statute, ordinance or regulation or which would render The Style Content in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws (collectively, “Applicable Law”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Website in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses. Additionally, you represent, warrant and agree that (i) you possess all rights necessary to provide your User Content and grant The Style Content the rights in these Terms; and (ii) you will comply with Applicable Laws in connection with your use of the Service.
12. Indemnification
You agree, to the extent permissible under your country’s laws, to indemnify, defend, and hold harmless The Style Content, and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (“The Style Content Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Website; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein, whether by you or by any User; (iv) your failure to comply with Applicable Laws(including any failure to obtain or provide any necessary consent or notice); (v) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. The Style Content reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify The Style Content, and you agree to cooperate with The Style Content’s defense of these claims. You agree not to settle any such matter without the prior written consent of The Style Content. The Style Content will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
13. Disclaimers; No Warranties
13.1. No Warranties
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, WEBSITE, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE (THE “THE STYLE CONTENT OFFERINGS”), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE STYLE CONTENT PARTIES DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE STYLE CONTENT OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
13.2. Content
THE STYLE CONTENT, AND THE STYLE CONTENT PARTIES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
THE STYLE CONTENT AND THE STYLE CONTENT PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE STYLE CONTENT OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THAT THE WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.
13.3. Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
13.4. Limitations by Applicable Law
SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14. Limitation of Liability and Damages
14.1. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE STYLE CONTENT OR THE STYLE CONTENT PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) EVEN IF THE STYLE CONTENT OR THE STYLE CONTENT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING (i) TO THE TERMS; (ii) YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR THE STYLE CONTENT OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH THE STYLE CONTENT OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE STYLE CONTENT OFFERINGS, INCLUDING OTHER USERS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE STYLE CONTENT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14.2. Limitation of Damages
IN NO EVENT WILL THE STYLE CONTENT’S OR THE STYLE CONTENT PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO THE STYLE CONTENT, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
14.3. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE STYLE CONTENT HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE STYLE CONTENT, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE STYLE CONTENT. THE STYLE CONTENT WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
14.4. User Interactions and Release
14.4.1 User Disputes. The Style Content is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other users of the Website, and any other parties with whom you interact through the Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserve the right, but have no obligation, to become involved in any way with these disputes.
14.4.2 Release. If you have a dispute with one or more Users, you release us (and The Style Content Parties) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. You waive your rights under any applicable statutes to the fullest extent permissible under applicable law.
15. Miscellaneous
15.1. Notice
The Style Content may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Website, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless The Style Content is notified that the email address is invalid. Any notices directed to The Style Content shall be sent by email to The Style Content.
15.2. Waiver
The failure of The Style Content to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by The Style Content.
15.3. Governing Law
The Terms will be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
15.4. Dispute Resolution
ALL ARISING DISPUTES WILL BE RESOLVED BY NEGOTIATION. BY AGREEING TO NEGOTIATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
15.5. Severability
If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
15.6. Assignment
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without The Style Content’s prior written consent, but may be assigned by The Style Content without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
15.7. Survival
Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to; Privacy Policy, Modification of the Terms, Digital Millennium Copyright Act, Proprietary Materials, Non-Commercial Use, Crediting The Style Content, Prohibited Conduct, and Miscellaneous.
15.8. Headings
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
15.9. Entire Agreement
The Terms, the Privacy Policy and Guidelines constitute the entire agreement between you and The Style Content relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by The Style Content as set forth in Section 4 (Modification of the Terms) above.
15.10. Disclosures
The Website is hosted in the United Kingdom, and the services provided hereunder are offered by The Style Content.