We officially offer the site in English. Our French, Italian and Russian translation on select style notes application website pages is to offer an additional assistance in translation but you agree that all formality in correspondence, and our terms will be only exchanged and official in English and French only and that your first or second language is English or French. As we offer the service from the United Kingdom, you agree that all formal correspondence will be corresponded in English only and represented in the United Kingdom.
· Who we are
· The Services we are providing
· How you can access our Services
· Information about billing and subscriptions (including automatic repeat billing and price changes)
· Your obligations as a user of our services and restrictions on your content
· Our rights to use your content
· Your rights to cancel your membership
· Our rights to terminate this Agreement
· Ways you can contact us and our complaints handling process
· Legal disclaimers, warranties and indemnities
1. THE PARTIES TO THIS AGREEMENT
You, as a person who makes use of our Services, are entering into this Agreement with sSquares Ltd (collectively referenced throughout these terms as “us”/”we”/”our”), a company registered in England having company number 08337427, having its registered address at 145-157 St. John Street, London, EC1V4PY,United Kingdom.
You authorise us to reproduce and broadcast the information contained in your style notes including your account name, content, description etc. for the purposes of delivering the Services to you if you choose to publically share your style notes and for marketing and other purposes as explained in more detail below under section 6(B) Our rights to use your content for our own purposes.
We may, from time to time, create profiles which are created, maintained and managed by our employees (“Style Editor’s Profiles”). The purpose of these Style Editor’s Profiles is to enable us to ensure our Services are operating properly by testing the Services, features and functionalities, and to research our products and Services. All Style Editor’s Profiles will be identifiable as such and in the event that you opt to communicate or interact with a Style Editor’s Profile you will be made aware of the nature of this Style Editor’s Profile, involving the creation of Style Editor’s Profiles for the purposes of offering a live help feature to you.
2. THE SERVICES
We provide on line entertainment and social services through our websites enabling you to collate and personalise your style notes, display your portfolio on the site and engage in sharing with other users and your social media accounts, including those of our Group Companies and Partner Sites (collectively our websites and apps are referred to here as the “Services”).
We currently only provide the services as a website application. We also reserve the right to stop offering the Services.
3. HOW YOU CAN ACCESS OUR SERVICES
You can access the Services in the following ways, and by website visits:
(1) By visiting the public pages of the site
(2) By registering for the Services as a non-paying member (“Basic Member”); or
(2) By registering for the Services as a member and purchasing a subscription package (“Paid Member”).
Throughout these terms we will make reference to Basic Member and Paid Member. When the clause is relevant to all members, we shall simply use the term “member” or “users” to mean all users, whether Basic, or Paid.
4. ABOUT SUBSCRIPTIONS AND BILLING
A. BASIC MEMBER FEES / CHARGES
There is no fee payable to access the Services as a Basic Member. However, please note that accessing the Services as a Basic Member will only give you limited access to features and areas of the Services. Full access will require to you upgrade to become a Paid Member, by paying for a subscription package.
B. PAID MEMBER FEES / CHARGES
If you would like full access to all features and areas within the Services, you can purchase one of our Subscription Packages which can differ across different countrys serviced. Not all countries serviced will have the option to subscribe and may so if we activate this service in the near future.
In general, we offer:
· 12 month and 90 day packages.
The fees payable for each of our Subscription Packages are set out on the payment page at the point of making payment.
Please review the payment page very carefully when you come to make payment. Please be aware that when you subscribe to any package, including the trial period.
We reserve the right to alter these subscriptions packages at any time. If we alter the price of a package that you are already paying for, we will provide notice of the change to (in accordance with our process noted below at section 4(D)) you and you will have the option to cancel your membership if you do not agree with the new price being offered to you.
C. PRICE CHANGES
We reserve the right to alter our packages at any time and any change in your subscription price will be notified to you by email to the address you have provided when you signed up to the Services, at least 7 days prior to the new subscription price being implemented. You will then have the option to cancel your membership or automatic renewal through paypal if you do not agree to this price change.
D. DISPUTES ABOUT BILLING
In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your payment company. You must contact us either by email or telephone, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your payment account with the disputed amount in a timely manner to avoid any further inconvenience to you.
5. YOUR USE OF OUR SERVICES
A. PERSONAL USE
Your account is for your personal use only. You may not authorise others to use your account or attempt to use another member’s account without first obtaining their consent. You must not assign or otherwise transfer your account to any other person or entity. You are solely responsible for your own actions and those of anyone using your account, and assume all liability regarding, (i) the information and content you or anyone using your account, posts or transfers to our team on your behalf; (ii) the information and content you or anyone using your account post, transmit, publish, or otherwise make available through the Services; and (iii) your or anyone using your account’s interactions with other members through the Services.
B. YOUR USE OF OUR SERVICES: INFORMATION YOU SUBMIT
If you register with us to use our Services, you warrant that you will:
· Provide all the information required to complete the registration forms for our Services;
· Ensure the information you provide is complete, accurate and up to date and you will promptly update all information to keep your account and billing information complete and accurate upon any change (such as change of billing address, paypal account number or expiration date);
· You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your jurisdiction, of the United Kingdom, of European Union, of Australia or of the United States of America;
· Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs;
· If you create an account (as a Basic or Paid Member), you (i) have never been convicted of a felony; and (ii) are not required to register as a sex offender with any government entity or agency; and
· Only post information and content that is relevant to your style notes or transfer information and content to our team that is relevant to your student portfolio.
· Be fully responsible for all use of your account and for any actions that take place using your account whether by yourself or any other person using your account; and
· Only post genuine comments for other members’ public style notes posts and other content based on your personal experience. Please note that any comments you make, if false, could be defamatory and could lead to legal proceedings being taken against you.
Please note that we do NOT conduct any form of background screening, criminal or otherwise on any user or member of our Services in any territory.
We will on registering a Stylenotes Atelier Student Portfolio, require you to send us proof of your student course details you have registered for your portfolio as currently studying or graduated. We reserve the right to refuse your subscription should any data you provide in our opinion for whichever reason is not complete or valid in order for us to publish your Portfolio. In the case where we have refused your subscription, we will submit a refund to you together with a notification of the refusal, we reserve the right to not provide any further reason why your subscription at this time is refused.
C. RESTRICTIONS ON YOUR USE
You agree that you will not post or transfer any content on through the Services, transmit any content to others, communicate any content, provide links to any content, or otherwise engage in any activity through the Services that, in our sole judgment:
· impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity;
· discloses any personal or confidential information of any person or organisation without first obtaining their consent or solicits another person’s personal information for commercial or unlawful purposes;
· discloses, solicits or requests personal information from anyone under the age of 18 or discloses or solicit passwords for unlawful purposes;
· contains any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
· promotes racism, bigotry, hatred or physical harm against any group or individual;
· promotes or enables illegal or unlawful activities;
· is intended to harass, annoy, threaten or intimidate any other members or other people or organisations;
· is defamatory, inaccurate, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred,discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy, harms minors in any way (a minor being a person aged under 18) or which may cause annoyance or inconvenience;
· is deliberately misleading or fraudulent;
· contains others’ copyrighted content (such as music, videos, photographs, images etc) trademarks, patents, trade secret or other proprietary information, without first obtaining their consent;
· uses the Services for chain letters, junk mail or spam e-mails;
· advertises or solicits any member to buy or sell any products or services including but not limited to uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, “affiliate marketing codes,” “link referral code,” or any other form of commercial solicitation;
· interferes or disrupts networks connected to the Services or attempts to interfere with the proper functioning of the Services (including imposing an unreasonable load on the technical infrastructure used to operate the Site);
· contains any material which may infringe or violate any third party’s rights;
· violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
· provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the various governments as a foreign terrorist organisation;
· “stalk” or otherwise harass another person or user or member;
· collect or store personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users’ or members’ private information;
· post a style note or send a message to a user for any purpose other than to interact with other individuals online;
· delete or revise any content or material posted by any other person or entity;
· access data not intended for such user or logging into a server or account which the user is not authorized to access;
· attempt to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the site without proper authorization;
· attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding”, “spamming”, “mail bombing” or “crashing” or otherwise attempting to deny service to the Site or the server of any user;
· forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
· send unsolicited messages, including promotions and/or advertising of products or services.
· forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting for any reason.
· use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user or member without their prior express consent.
You agree that should you transmit or post content related to your Student Portfolio on our Stylenotes Atelier subscription service options [Pret Subscription, Silver Subscription or Feature Subscription], the content is relevant to your work as a fashion student / fashion student graduate.
If you breach the terms of this subsection regarding the sending or posting of unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, we reserve all rights, claims and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Services.
We actively encourage all users to report any breaches of these terms to us.
D. OUR RIGHT TO REMOVE CONTENT
E. SECURITY OF YOUR LOGIN DETAILS
You agree that you are responsible for keeping your screen name and password for your account secret. You acknowledge that we are not responsible for third party access to your account that results from sharing your login or other account details or personal information by you or the theft or misappropriation of your screen name and password. We reserve the right to suspend your access to the Services or terminate your account if we suspect an unauthorised person is attempting to access it.
F. REPORTING A BREACH OF THESE USER TERMS
G. RISKS OF USING OUR SERVICES
You assume all risk when using the Services, including but not limited to, all of the risks associated with any online or offline interactions with others. You understand that we are unable to guarantee the accuracy or completeness of information provided to you by or about other members, and that we are unable to confirm that any member is who he or she claims to be.
You acknowledge that we have no liability in respect of other members of the Services, or any party who contacts you through the Services. We do not conduct criminal or any other background checks on any member in any territory and you should exercise caution.
H. INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICES
I. MEMBERS OUTSIDE THE EEA
By registering and creating a member style note or member stylenote atelier portfolio you consent to the wider dissemination of the information you provide in that style note or portfolio should you make it public to other users of the Services, or on any external means. We will keep your personal information confidential except: (i) where you or anyone using your account have posted or transmitted it to our team for publication or display; or (ii) to the extent that we are compelled to disclose it by law or to comply with an instruction of a regulatory body of competent jurisdiction.
6. OUR RIGHTS
A. OUR PROPRIETARY RIGHTS
B. TO USE YOUR CONTENT FOR OUR OWN PURPOSES
By posting or transmitting to our team information or content including but not limited to copyrighted content, name and likeness and photographs to your style notes pages, stylenotes atelier portfolio pages or any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant to us, our Partner Sites and Group Companies, a non-exclusive, royalty free, worldwide licence to use, copy, publish, display, reformat, translate and distribute, and broadcast, such information or content and to grant and authorise sub-licences of the same. You further waive any moral or potential infringements rights you may have in any such information or content.
Specifically please note that we may use any of your content, including your photographs, for the purposes of advertising or publicity. If you do not wish us to do this, please contact us.
7. THIRD PARTY RIGHTS
We have in place procedures for handling claims that content displayed on any of our Group Companies sites infringes a third party’s copyright. Pursuant to the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), notifications of claimed copyright infringement under United States copyright law should be sent to our Designated Agent specified in our Copyright and Trademarks Policy. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
8. CANCELLING YOUR MEMBERSHIP AND CUSTOMER COMPLAINT HANDLING
(A) TERM AND TERMINATION
Your subscription will be automatically extended for successive renewal period of the same duration as the subscription term originally selected, at the then current non-promotional subscription rate in accordance with the Automatic Renewal Billing process explained in these terms.
Please note that you must terminate your subscription prior to the end of the subscription period for which you have paid to avoid being charged for the next subscription period. To change or terminate your subscription at any time, please follow the ‘Close my account’ link in your account menu settings. Either you, or us, may terminate your user account at any time and for any reason by sending notice to the other.
We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion.
(B) YOUR RIGHTS TO CANCEL AT ANY TIME
You may cancel your subscription and membership (free and paid) by visiting the ‘My Account’ section of the site that you are a member of, and following the relevant link to Close your Account if you are subscribed to the Stylenotes web application. Alternatively, you may cancel your registration or subscription for a Stylenotes Atelier portfolio at any time by giving us notice of your wish to cancel by telephone or email:
When emailing us you must include your profile information (screenname and email address) in order that we can verify that you are in fact the account holder authorised to amend the account. You must also email us from the email address you have registered with us.
Our postal address is:
Style Notes accounts department
145-157 St. John Street
Please be aware that any notice of intention to cancel shall take effect upon receipt by us.
(C) 14 DAY CANCELLATION RIGHT (FOR UK RESIDENTS)
By creating a Paid Membership or upgrading Basic Membership, you expressly agree to us providing the Services to you immediately upon payment by you. Any use of the service thereafter by you would limit the amount you will be entitled to later receive should you cancel within 14 days.
For avoidance of doubt, Use of the Services in respect of this cancellation right means sending any communication to another user, actively creating style notes, viewing style notes of other members, publicly posting your style notes, updating or amending any account settings or preferences (unless such settings e.g. email address were inputted incorrectly at sign up and you are seeking to simply amend these entries to be more accurate records).
You can contact us through your Account, or by email to cancel on the basis of this statutory right.
You may cancel your subscription and membership (free and paid) by visiting the ‘My Account’ section of the site that you are a member of, and following the relevant link to Close your Account.
Alternatively, you may cancel your registration or subscription at any time by giving us notice of your wish to cancel by telephone or email:
When emailing us you must include your profile information (screenname and email address) in order that we can verify that you are in fact the account holder authorised to amend the account. You must also email us from the email address you have registered with us. Our postal address is:
Style Notes accounts department
145-157 St. John Street
Please be aware that any notice of intention to cancel shall take effect upon receipt by us.
(D) OUR CUSTOMER COMPLAINT POLICY
When emailing us you must include your profile information (screenname and email address) in order that we can verify that you are in fact the account holder authorised to amend the account. Our postal address is:
Style Notes accounts department
145-157 St. John Street
9. LEGAL DISCLAIMERS, WARRANTIES & INDEMNITIES A. DISCLAIMER OF WARRANTIES
A. DISCLAIMER OF WARRANTIES>
This section will apply to the maximum extent permitted by applicable law.
We do not make or grant (and hereby exclude) any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
We do not warrant that your use of the Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Services will be corrected. We disclaim liability for, and no warranty, representation, condition or other term is made with respect to, the connectivity and availability of the Services.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) warrant or guarantee the accuracy, completeness or usefulness of any information provided on the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, provided through the Services, or transmitted to or by Basic Members or Paid Members.
B. LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event will we, sSquares Ltd, be liable for any direct, indirect or consequential loss or damage arising out of or relating, directly or indirectly, to the use or inability to use the Services, including, without limitation, loss of income or revenue, loss of corruption of data or programs, loss of goodwill and loss of anticipated savings, even if we know or have been advised of the possibility of such loss arising.
To the maximum extent permitted by applicable law, in no event will we be liable for any claims, losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other claims, losses or damages resulting from communications or meetings with other users of the Services. This includes and is not limited to any claims, losses or damages arising from the conduct of members who have registered under false pretences or who attempt to defraud or harm you.
We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right.
D. LINKS TO OTHER THIRD PARTY SITES
Where any of our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10. ENTIRE AGREEMENT, GOVERNING LAW AND CLASS ACTION WAIVER A. ENTIRE AGREEMENT
A. ENTIRE AGREEMENT
B. JURISDICTION AND APPLICABLE LAW
C. CLASS ACTION WAIVER
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.