Updated: [June 14, 2018]
LLC "Stylish Shopping"("DNA2STYLE") owns the DNA2STYLE shopping networks: www.dnato.style
and mobile applications, and any other linked and related pages, content, features, products, software, and tools offered by DNA2STYLE (the "Services").
DNA2STYLE get income from consultation presented on website and mobile application and compensation for referring buyers to the retailers, brands, merchants, and other partners participating in the Services ("Retailers").
2. ELIGIBILITY TO USE SERVICES
You must be 18 years or older to use our Services. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
3. Account Registration
. You agree to register with DNA2STYLE and access and use your account solely for personal use. You may not authorise others to use your account. You are solely responsible for keeping your registration and other personal details (including your username and password) for your account confidential. You warrant that all registration information and personal details provided to DNA2STYLE is true and accurate.
DNA2STYLE reserves the right, in its sole discretion, to modify the Terms of Service at any time by posting a notice on the DNA2STYLE website 5. USER SUBMISSIONS
In the course of using the Services, you and other users may provide content or information which may be used by DNA2STYLE in connection with the Services and which may be visible to other users. By posting information, images, video, blogs, or other content on the Services (collectively, "User Submissions") or otherwise providing User Submissions to DNA2STYLE or in connection with the Services, you hereby grant to (i) DNA2STYLE a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable, transferable right to fully exploit (including without limitation, reformatting, modifying, creating derivative works of, and translate) such User Submissions (including all related intellectual property rights) in connection with the Services and DNA2STYLE's (and its successors' and assigns') business, including without limitation for promoting and redistributing part or all of the Services (or any derivative works thereof) in any media formats and through any media channels, and to allow others to do so; and (ii) each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.
The foregoing license grant to DNA2STYLE does not affect your ownership of or right to grant additional non-exclusive licensees to the material in your User Submissions, unless otherwise agreed in writing. You, not DNA2STYLE, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to DNA2STYLE and to grant DNA2STYLE the rights to use such information in connection with the Services and as otherwise provided herein.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that DNA2STYLE will not be liable for any errors or omissions in any such content. You understand that DNA2STYLE cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, DNA2STYLE cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content and User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. 6. CONTENT Copyrights
. All materials displayed or performed on the Services, including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video, and User Submissions (also known as the "Content"), are protected by copyright. Guidelines for Posting and/or Viewing
. Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Submissions and other Content on or through the Services:
- Any comment made using your identity or Account will be deemed to have been posted by you.
- Keep all comments relevant and "on topic" to the particular Service posting that is open for comments.
- You shall not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
- You shall not make false or misleading statements.
- You shall not offer to sell or buy any product or service, or post links to third party websites, without prior written permission from DNA2STYLE in connection with a feature of the Services.
- You shall not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
- You shall not post information that is confidential or sensitive.
- You shall not post any content that objectionable or illegal (as described below), or could create a risk of harm, loss or damage of any kind.
You are solely responsible for the content that you post on or through the Services, any material or information that you transmit to other users and for any interactions with other users. Company's Right to Remove Content
. DNA2STYLE reserves the right to remove any Content from the Services at any time, for any reason or no reason in its sole discretion. No Endorsement
. You acknowledge that DNA2STYLE does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee. 7. DNA2STYLE INTELLECTUAL PROPERTY AND LIMITED LICENSES
The technology and the software underlying our Services is the exclusive property of DNA2STYLE. Subject to your compliance with this Agreement, DNA2STYLE grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make appropriate use of the Services, and any software underlying our Services solely to use the Services, as provided by DNA2STYLE in accordance with this Agreement. This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of DNA2STYLE, its affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to DNA2STYLE or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. 8. YOUR REPRESENTATIONS AND WARRANTIES
You warrant, represent and agree that you will not use the Services or contribute any User Submissions (including, without limitation, anything in connection with your blog(s)) in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party or misappropriate the trade secrets of any third party in connection with your use of the Services; (ii) violates any law, statute, rule, ordinance or regulation or otherwise constitutes manipulative or misleading activity; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without DNA2STYLE's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of DNA2STYLE. 9. RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES
Any violation of this Agreement, including, but not limited to the above may be grounds for termination of your right to access or use the Services. DNA2STYLE reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that DNA2STYLE deems in its sole discretion to be an illegal or unauthorized use of the Services. DNA2STYLE will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement. 10. INTERNATIONAL USE; EXPORT CONTROLS
The Services are offered by DNA2STYLE from its facilities worldwide 11. DISCLAIMER OF WARRANTIES
THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE SERVICE. DNA2STYLE DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, DNA2STYLE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT, THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS OR OF ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS RETAILERS IN CONNECTION WITH THE SERVICES.
Without limiting the generality of the foregoing, DNA2STYLE makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services). DNA2STYLE displays suggested retail prices for goods offered on the Services based on pricing information provided by vendors, retailers, and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the DNA2STYLE website. 12. PRIVACY
. 13. ELECTRONIC COMMUNICATIONS
. 14. INDEMNITY
You agree to indemnify, defend, and hold DNA2STYLE and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) made by any third party due to or arising out of your access to or use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. You agree to cooperate fully as reasonably required in defense and/or settlement of any claim. We reserve the right, in our sole discretion, to assume exclusive control over the defense and/or settlement of any matter subject to indemnification by you. 15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL DNA2STYLE OR ITS RETAILERS, SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE LESSER OF THE FEES PAID BY YOU OR $50; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS, LOST PROFITS, LOSS OF USE, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND DNA2STYLE'S REASONABLE CONTROL. 16. INTERACTION WITH THIRD PARTIES
Your interactions with organizations, Retailers, and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations, Retailers, and/or individuals. A product purchased from any Retailer through the Services, is governed by and subject to the applicable Retailer policies, including applicable exchange and shipping policies. You agree that we are not agents of any Retailer and that Retailers operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Retailer is solely between you and that Retailer. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that DNA2STYLE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that DNA2STYLE is under no obligation to become involved. 17. MODIFICATION AND TERMINATION
DNA2STYLE reserves the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. DNA2STYLE may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.
Upon any termination, all provisions of this Agreement which by their nature are intended to survive performance hereof by you or DNA2STYLE, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement. 18. NO WAIVER AND SEVERABILITY
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. DNA2STYLE shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DNA2STYLE's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. 19. GOVERNING LAW AND ARBITRATION
The validity, construction, and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of California in the United States, excluding its conflicts of laws principles. However, as explained below, the agreement to arbitrate in the following paragraph is governed by United States federal law.
You agree that any dispute, claim or controversy arising out of or in connection with the Services, DNA2STYLE, or this Agreement shall be determined by binding arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.
Arbitration uses a neutral arbitrator instead of a judge or jury, and is more informal than a lawsuit in state or federal court. Discovery in arbitration is more limited than is generally available in the courts and the arbitrator's decision is also subject to very limited appellate review by the courts.
You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and DNA2STYLE, and DNA2STYLE waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor DNA2STYLE can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person's claim with your claim or issue an order that would achieve the same result. You and DNA2STYLE further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void.
You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.com
. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $10,000, DNA2STYLE will reimburse you for filing and arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator.
In lieu of arbitration, you may also elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action. NO ASSIGNMENT
This Agreement is not assignable, transferable or sublicensable by you except with DNA2STYLE's prior written consent. DNA2STYLE may transfer, assign or delegate this Agreement and its rights and obligations without consent. 21. ENTIRE AGREEMENT
You and DNA2STYLE agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
l may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at DNA2STYLE's discretion.