Termsof Service

Style Identity Terms of Service

Style Identity Inc. (“Style Identity”/“we”/”us”/“our”) make the website http://mystyleidentity.com/ (the “Website”) available together with our services as described below (together the “Services”). These Terms of Service (“Terms”) constitute a legal agreement between you and us and governs your use of the Services. BY USING THE SERVICES YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE SERVICES.

1. The Services. Style Identity enables fashion designers and brands to make Style Identity Fashionplates (pages that feature photos of their unique or limited edition designs, basic information about available sizes, colours, fabric and care and information on where such designs can be purchased) which are searchable and easily shared using social media. In order to access the Services and start creating Fashionplates, you must be a registered user. While there is no fee to register for the Services, there is an annual fee for hosting each Fashionplate. Further details about our billing and pricing can be found by contacting us at info@mystyleidentity.com. Style Identity reserves the right to decline individuals from registering or continuing to use the Services and to not post any Fashionplates or any other content on the Services for any reason.

2. Fashionplates. In order to create a Fashionplate, you must pay the annual hosting fee and provide us with the following information: a minimum of one (1) and maximum of three (3) photos of the garment that will be featured in the Fashionplate, as well as the sizes and colours that it is available in, the fabric, care instructions, and information on where it can be purchased. The photo of the item must meet the following specifications: the photo must be taken against a white background; the clothing item must be photographed by itself; and you must not submit a photo with any persons visible in the photo. You may request that we remove a Fashionplate from the Services at any time by giving us 30 days written notice, however you are still liable for paying the annual hosting fee even if you request that we remove the Fashionplate before the 12 months are up. Once a Fashionplate is removed, to be reinstated, you must pay another annual hosting fee. We reserve the right to decline to post or continue to host any Fashionplates or any other content on the Services for any reason.

3. Content Ownership and License. By submitting a photo of a garment to be featured in a Fashionplate, you are assigning such photo to Style Identity, and Style Identity may use this photo in any manner including using the photo on the Services and on any other promotional material. All other content submitted by you including your photo or logo and your bio shall be owned by you and licensed to Style Identity and its agents under a non-exclusive, royalty-free license (with the right to sublicense) to transmit, display and distribute such content to provide the Services and for any associated promotional purposes. Any analytics collected by us in respect of the Services shall be owned by us and shall be used by us without limitation in perpetuity. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein.

4. Restrictions on User Content and Use of the Service. We do not control or actively monitor your content however we reserve the right at all times to remove or refuse to distribute any content which breaches our policies and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

In using the Services you shall not:

a. copy any content unless expressly permitted to do so herein;
b. upload, post, email, transmit or otherwise make available any material that:

i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behaviour, gives rise to civil liability, violates any law, or is otherwise objectionable;
ii you do not have a right to make available under any law or under a contractual relationship;
iii. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
iv. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” or any other form of solicitation;
v. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;
vi. any material that could damage or harm minors in any way.

c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
d. interfere with or disrupt the Services or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
e. intentionally or unintentionally violate any applicable local, provincial, national or international law or regulation;
f. collect or store personal information about other users;
g. access, tamper with, or use non-public areas of the service, shared areas of the service you have not been invited to, Style Identity (or our service providers’) computer systems;
h. license or sell the Services);
i. access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”)

You also agree not to access the Website or Services in a manner that utilizes resources more heavily than would be the case for an individual person for example through storage in excess of what would be reasonable for a personal photo collection and use of bandwidth in excess of what could be used via normal usage. We reserve the right to suspend accounts for consuming excessive resources.

5. Copyright Policy. We do not permit copyright infringing activities and infringement of intellectual property rights and we will remove any photos or other content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification by providing us with the following information in writing:

– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
– a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
– identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
– your address, telephone number, and email address
– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
– a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact us at info@mystyleidentity.com.

6. End User License. The Services and the information and materials that it contains, are the property of Style Identity Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms, we grant you a non-transferable, non-exclusive, license to use the Website for your own use. The Services are licensed to you and not sold. Nothing in the Terms gives you a right to use the Style Identity names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent.

7. DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS.” WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES.

8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) PROPERTY DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (IV) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (V) ANY LOSS OR CORRUPTION OF DATA FILES ON THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS PAID BY YOU TO US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY APPLICABLE LAW.

9. Termination. We may, under certain circumstances terminate Your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Services, or (e) unexpected technical, security or legal issues or problems. In most cases we will attempt to give you ample notice of any termination or suspension, however in some cases the termination may not include notice (for example, a court order or flagrantly violating these terms). Termination of Your access to the Services may also include removal of the materials uploaded by You to the Services. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to You or any third-party for any termination of Your access to removal of any of the materials uploaded by You through the Services.

10. Availability & Changes. We may alter, suspend, or discontinue the Services at any time and for any reason but will endeavour to provide advance notice of any such outages. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the Website without notice.

We may revise these Terms from time to time and the most current version will always be posted on the Website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our terms page, so please check this page regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

11. Security. The Style Identity Service attempts to use a secure connection when transmitting sensitive information including your password. However, we cannot and do not make any representation or warranty concerning security of the communication to or from the Service. Do not attempt to connect to the Service using insecure access channels, such as, but not limited to web service requests made over an insecure connection, or any 3rd party applications. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.

12. General. These Terms, together with the Privacy Policy [insert hyperlink] constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms are governed by the laws of the Province of Ontario, Canada. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Any failure of Style Identity to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign your account, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. Style Identity may assign these Terms to anyone for any reason.

If you have any questions about these Terms please contact us at: info@mystyleidentity.com

Last Updated: August 26, 2014