Last revised January 5, 2018
STYLER is an application and website that renders the service of a social network to contact users with similar interests in fashion, accessories and clothes. By downloading, accessing, browsing and/or using the STYLER website ("Site"), mobile device software application (the "STYLER App"), and any other mobile or web services or applications owned, controlled or offered by STYLER (collectively, the "STYLER Services"), you acknowledge that you have read and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, then please cease using the STYLER Services immediately. STYLER reserves the right to change these Terms at any time. We recommend that you periodically check the Site or the STYLER App for changes. By accessing, browsing and/or using any STYLER Services after these updates to the Terms have been posted, you agree to be bound by the updated Terms. Notwithstanding the foregoing, if STYLER considers it necessary, STYLER Users may be requested to expressly accept any changes of the Terms at any time before continuing to use STYLER.
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND STYLER.
Subject to your compliance with the Terms in all material respects, STYLER grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view pages from the STYLER Services for your personal, non-commercial use only,
STYLER Users are required not to copy, print, photograph, obtain screenshots or in any other manner reproduce the STYLER App content. Also, the reproduction and public communication outside of the STYLER App of photographs, works of art or any other content posted by other users is strictly forbidden and may result in the cancellation of the Service from STYLER to you, regardless of any other action that STYLER deems necessary or convenient to pursue this infringement.
Your access to and use of the STYLER Services must further comply in all material respects with any instructions and guidelines (“Guidelines”) posted on the Site and/or communicated through the STYLER App.
STYLER reserves the right to terminate your license to use the STYLER Services at anytime and for any reason, including, but not limited to, violation of these Terms and/or the Guidelines.
You must be eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, to use the STYLER Services. By accessing the STYLER Services, you hereby affirm and warrant that you comply with these age requirements and can lawfully comply with these Terms. Anyone under the age of eighteen (18) or the age of majority in the applicable jurisdiction, whichever is greater, who accesses the STYLER Services in violation of the Terms will be banned from the STYLER Services and may be the subject of additional action by STYLER. It is your responsibility to confirm that use of the STYLER Services is permissible under the applicable laws and regulations where you make use of the STYLER Services. If any applicable laws and regulations prohibit your use of the STYLER Services, you may not use the STYLER Services.
STYLER PROVIDES THE STYLER SERVICES ON AN "AS IS" AND “AS AVAILABLE” BASIS. STYLER AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MANDATARIES, PARTNERS AND LICENSORS (THE “STYLER PARTIES”) D NOT OFFER ANY KIND OF GUARANTEE OVER THE SERVICE AND/OR CONTINUITY OF THE SERVICE.
THE STYLER PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE STYLER SERVICES. THE STYLER PARTIES DO NOT WARRANT THAT THE FUNCTIONS OF THE STYLER SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE STYLER SERVICES OR THE SERVERS THAT MAKE THE STYLER SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT YOU USE THE STYLER SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE. UNDER NO CIRCUMSTANCES SHALL THE STYLER PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF ANY OF THE STYLER SERVICES AND DAMAGES RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT THE STYLER PARTIES HAVE BEEN ADVISED OF SUCH POSSIBILITY AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE STYLER SERVICES SHALL BE TO TERMINATE YOUR USE OF SUCH SERVICES.
YOU UNDERSTAND THAT YOUR USE OF THE STYLER SERVICES MAY INVOLVE KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN INJURY, DEATH OR ILLNESS, INCLUDING, BUT NOT LIMITED TO, DANGERS THAT MAY BE CAUSED BY THE ACTS OF OTHER USERS OR OTHER THIRD PARTIES, OR OCCURRENCES BEYOND THE CONTROL OF THE STYLER PARTIES. BY USING THE STYLER SERVICES, YOU ASSUME ALL SUCH RISKS AND DANGERS AND ALL RESPONSIBILITY FOR ANY LOSSES AND/OR DAMAGES. YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS THE STYLER PARTIES FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION FOR BODILY INJURY, PROPERTY LOSS OR DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES OR OTHER CLAIMS THAT IN ANY WAY ARISE FROM OR ARE RELATED TO YOUR USE OF THE STYLER SERVICES AND YOUR INTERACTION WITH OTHER USERS OR ANNOUNCERS ON THE APP, EITHER WITHIN OR OUTSIDE OF THE STYLER APP.
THE STYLER SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL NON-COMMERCIAL USE.
YOU ACKNOWLEDGE AND AGREE THAT STYLER HAS OFFERED THE STYLER SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE FOREGOING WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND STYLER, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND STYLER. STYLER WOULD NOT BE ABLE TO PROVIDE THE STYLER SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
STYLER reserves the right at any time to modify or discontinue, temporarily or permanently, the STYLER Services (or any portion thereof) with or without notice. You agree that the STYLER Parties shall not be liable to you or any third party for any modification, suspension or discontinuance of the STYLER Services (or any portion thereof).
STYLER, the STYLER THE FASHION DATING APP Logo, STYLER product screen shots and the STYLER “S” App Icon design are trademarks or the subject of other intellectual and industrial property rights of STYLER, and may not be used without prior, express written permission from STYLER. All other trademarks not owned by STYLER that appear on the STYLER Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by STYLER.
All content included on the STYLER Services, including all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags, compilations of the foregoing and/or other materials accessible through the STYLER Services, is the property of STYLER and/or its licensors, as applicable (the “STYLER Content”), and protected by Mexico, United States and international intellectual property and other laws and treaties. Except as expressly permitted under these Terms, no reproduction, transmission, modification, use or display of any STYLER Content is permitted without our prior, express written permission.
It is our policy to respond to notices of alleged copyright infringement in compliance with applicable intellectual property law and to terminate the accounts of repeat infringers.
If you believe that your content has been made available through the STYLER Services in a way that constitutes copyright infringement, please send an e-mail to email@example.com with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the STYLER Services; (d) your address, telephone number and e-mail address; (e) 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 (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
While the Standard Service on STYLER is free for use, additional data charges may apply to you for mobile use of the STYLER Services through your mobile device. If there is a charge associated with a portion of the STYLER Services, you agree to pay that charge by accessing or using such subscription. The price stated for the STYLER Services subscription may be denominated in your local currency by iTunes App Store (http://itunes.apple.com), Google Play Store (https://play.google.com/store/apps) or any other applicable app store through which you download the STYLER App (each, an “App Store”) on your device. Fees and charges are collected by the App Store on your device. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. STYLER relies on the App Store to collect subscription fees and to report on the status of subscription accounts. Your access to the STYLER Services subscription that require payment may be suspended or cancelled if you do not make your payment on-time and/or in full. Suspension or cancellation of the STYLER Services for non-payment could result in a loss of access to and use of your account and its content.
You must make all payments through a charge through the applicable App Store. You agree to pay all fees and charges incurred in connection with your use of the STYLER Services subscription (including any applicable taxes) at the rates in effect when the charges were incurred. BETWEEN YOU AND STYLER, YOU, AND NOT STYLER, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR MOBILE DEVICE, PAYPAL, CREDIT OR DEBIT CARD BY AN APP STORE OR THIRD PARTY WHO HAD ACCESS TO THESE ACCOUNTS, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU.
Subscriptions are managed by the App Store directly. STYLER does not have the ability to manage any aspect of your subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions. Payment will be charged to your App Store account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least before the amount of time set forth by the App Store before the end of the current period. Your account will be charged the then-applicable subscription price. Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings screen in the App Store app on your device after purchase. No cancellation of the current subscription is allowed during active subscription period.
You should be aware that cancelling your subscription and/or deleting the STYLER application may not terminate your user account on the STYLER Services. If you cancel your subscription and/or delete the STYLER application but do not take steps to deactivate your user account or take other appropriate steps, your profile may continue to be accessible to others on the STYLER Services.
Any other purchase of goods or services different from subscriptions which may be available through the STYLER App will be governed on a case by case basis under the terms set forth by STYLER and/or the company operating this service (e.g. PayPal) at the moment of conducting the purchase.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, without any additional compensation different from the possibility to use the Styler Services, perpetual or for the longest period allowed by the applicable Law, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
The STYLER Services, Advertisers on the STYLER App or users of the STYLER Services may provide links to other websites or resources. You acknowledge and agree that the STYLER Parties do not endorse and are not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). External Materials are subject to different terms and conditions and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that the STYLER Parties shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials.
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the STYLER Services, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that the STYLER Parties shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
Certain sections of the STYLER Services may feature users who appoint themselves to serve as ambassadors to other users visiting or learning about certain locales or providing advice on local fashion (“Ambassadors”). You acknowledge and agree that the STYLER Parties do not (a) endorse and are not responsible for any actions taken or information provided by Ambassadors or (b) pre-screen, approve or otherwise monitor Ambassadors, although STYLER reserves the right at its sole discretion to remove any user’s Ambassador status. You interact with Ambassadors at your own discretion and risk, and you shall be solely responsible for all losses and damages of any kind incurred as a result of your interactions with Ambassadors. STYLER reserves the right to make the Ambassador feature available or unavailable on the STYLER App at any time and without prior notice to you. Also, STYLER may refer to this Ambassador feature under a different name on the STYLER App in which case, the same Terms set forth in this section will apply to any feature similar or equal to the Ambassador feature described herein.
If you serve as an Ambassador, you agree that you will serve responsibly and abide by these Terms and all applicable laws and regulations. You shall provide only truthful and accurate information, and you shall not engage in or promote any activities that risk the health or safety of any users or other parties.
If you serve as an Ambassador, you agree that STYLER may send you communications, including promotional emails, relating to your service as an Ambassador. If you do not wish to receive such communications, you must discontinue serving as an Ambassador.
As Ambassador, you may not send unsolicited offers, advertisements, proposals or junk mail to other users of the STYLER Services. However, if a user asks you for a recommendation regarding a local business, fashion tendencies or other similar topics, you may provide a recommendation. If you do provide a recommendation, you agree that it will: (a) be based upon your good-faith belief and not be false, misleading or deceptive; (b) fully disclose any connection between you and any entity with a financial interest in the business recommended or a directly competing business and not express sentiments by or on behalf such entity; (c) not be submitted for any form of compensation or consideration from any entity; and (d) fully comply with the Consumer Protection Regulations in your country concerning the Use of Endorsements and Testimonials in Advertising and other applicable laws and regulations.
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
AS USER OF THE STYLER APP, YOU CAN DECIDE TO BLOCK ANY USER FROM COMMUNICATING WITH YOU OR HAVING ACCESS TO YOUR CONTENT ON THE APP. HOWEVER, ANY PREVIOUS COMMUNICATION OR CONTENT SHARED WITH A BLOCKED USER MAY BE KEPT IN OUR SERVER, EVEN THOUGH IT WON’T BE PUBLICLY ACCESIBLE. ALSO, YOU CAN DECIDE TO REPORT ANY PROFILES WHICH MAY INFRINGE THIS TERMS AND CONDITIONS IN WHICH CASE, STYLER RESERVES THE RIGHT (BUT IN NO MANNER WILL BE BOUND) TO SUSPEND THE INFRINGING PROFILE AND THE SERVICE TO THE REPORTED USER TEMPORARILY AND CONDUCT AN INVESTIGATION. IF, ARISING OUT FROM SUCH INVESTIGATION, THE INFRINGEMENT TURNS TO BE TRUE IN CONSIDERATION OF STYLER, STYLER RESERVES THE RIGHT (BUT IN NO MANNER WILL BE BOUND) TO CANCEL THE USER PROFILE AND THE ACCESS TO THE APP AND THE STYLER SERVICES TO THE REPORTED USER.
The STYLER Services allow the submission of information, content and materials (such as pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions (“Your Content”) and the consequences of posting or publishing them. In connection with Your Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize STYLER to use, all intellectual property and any other proprietary rights in and to any and all of Your Content to enable inclusion and use of Your Content in the manner contemplated by the STYLER Services and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Content in the manner contemplated by the STYLER Services and these Terms. For clarity, you shall retain all of your ownership rights in Your Content.
STYLER assumes no responsibility whatsoever in connection with or arising from User Submissions. STYLER assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time STYLER chooses, in its sole discretion, to monitor User Submissions, STYLER nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting User Submissions. Further, STYLER does not endorse and has no control over the content of User Submissions submitted by other users. STYLER makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable or provides others with information to locate you or determine places that you have visited, are visiting or are planning to visit. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by STYLER.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; harms the honor, name, image or private life of a person or violates or advocates the violation of any law or regulation.
STYLER and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
You hereby agree and accept that any personal data, sensitive personal data and information about you which is shared, contained and/or published in the STYLER Site and App will be used pursuant to the provisions set forth in our Privacy Notice. The acceptance of this Terms and Conditions automatically implies the acceptance of such Privacy Notice.
We reserve the right to remove, screen, edit, or reinstate User Submissions from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your Content, except for that set forth in our Privacy Notice, nor do we guarantee any confidentiality with respect to Your Content.
You agree to indemnify, defend, and hold the STYLER Parties harmless from and against any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to your use of the STYLER Services in violation of these Terms and/or your interactions with other users of the STYLER Services, including, but not limited to, (a) your use or misuse of any location information or the STYLER Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Terms, or (d) your use the STYLER Services to communicate with or meet another user in-person or to locate and attend any offline place or event. STYLER reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
You are solely responsible for your interactions with other users using the STYLER Services and the STYLER Parties assume no liability for these interactions. STYLER does not conduct criminal or other background checks on its users, but reserves the right to do so at any time. The STYLER Parties assume no liability for your interactions with other users and make no representations or warranties as to the conduct of users and/or the information they provide and/or the statements that they make. You agree to take reasonable precautions in your interactions with other users of the STYLER Services. The STYLER Parties are not responsible for monitoring any disputes between you and other users.
You will create a username and password as part of the registration process for the STYLER Services. You are responsible for maintaining the confidentiality of your password and account and all activities that occur in connection with these. You agree to immediately notify STYLER of any actual or suspected unauthorized use of your password or account or any other breach of security. You agree that all information that you provide to STYLER as part of the registration process, including, but not limited to, your name and email address, is truthful, accurate and complete.
These interpretation of the Terms and your relationship with STYLER under these Terms shall be governed by and construed and enforced in accordance with the applicable laws of the United Mexican States (Mexico) and the competent courts in Mexico City, Mexico. Consequently, you hereby waive to any jurisdiction arising out from your domicile, nationality or for any other reason.
If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.