STYLESHACK WEBSITE

TERMS AND CONDITIONS OF USE

This Agreement as to Terms and Conditions of Use (“User Agreement”) sets forth the legally binding terms and conditions that govern the use of and access to the websites, subdomains of the websites, mobile-optimized versions of the websites and subdomains thereof, software applications relating to the websites, and any content made available from or through any of the same (collectively hereinafter referred to as the “Website”) of Styleshack LLC, its affiliates, and its subsidiaries (collectively hereinafter referred to as “Styleshack”).  The Website is provided and made available by Styleshack.  Styleshack reserves the right to modify this User Agreement at any time, with or without notice to you, by replacing any then-current User Agreement with a revised version thereof on the Website.  BY USING OR ACCESSING THE WEBSITE, YOU: (i) ACKNOWLEDGE THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THIS USER AGREEMENT; (ii) AGREE TO BE LEGALLY BOUND BY THE USER AGREEMENT; AND (iii) ACCEPT THIS USER AGREEMENT IN ITS ENTIRETY. IN ADDITION, PRIOR TO REGISTERING AT THE WEBSITE (OBTAINING YOUR OWN UNIQUE USERNAME AND PASSWORD), YOU MAY BE ASKED TO ACCEPT THIS USER AGREEMENT BY CLICKING A BUTTON LABELED (“I ACCEPT”) OR BY CHECKING AN “I ACCEPT” BOX. IF YOU CLICK ON THE I ACCEPT BUTTON OR CHECK THE I ACCEPT BOX, YOU WILL ALSO BE DEEMED TO HAVE ACCEPTED THIS USER AGREEMENT AND TO HAVE AGREED TO ITS TERMS AND CONDITIONS.  If you do not agree to the foregoing, you may not access or otherwise use the Website, and you must exit the Website immediately.

1.    WEBSITE USE AND LICENSES

1.1    Subject to the terms of this User Agreement, Styleshack grants you a non-transferable, non-exclusive license to use the Website for a personal, non-commercial use.

1.2    Notwithstanding the foregoing, the rights granted to you under this User Agreement are subject to certain use restrictions.  Specifically, and unless otherwise expressly provided in this User Agreement, you may not take any action or inaction that may result in: (i) the commercial exploitation of the Website, including without limitation, licensing, selling, renting, assigning, hosting, reproducing, and distributing the Website or any portion thereof; (ii) the modification of any content that appears on the Website, including without limitation downloading, reproducing, distributing, publically performing, editing, deleting, changing the appearance of, and creating derivative works of the Website or any portion thereof; and (iii) the derivation or creation of any services that may compete with Styleshack in any capacity, including without limitation modifying, downloading, disassembling, repurposing, reverse engineering, reverse compiling, reproducing, distributing, and otherwise transferring the Website or any portion thereof.

1.3    You acknowledge and agree that any use by you in violation of Paragraph 1.2 of this User Agreement may constitute a violation of Unites States and/or international copyright laws and treaties as well as any other applicable state and/or federal laws, and that such a violation may subject you to criminal prosecution and/or civil liability.

2.    INTELLECTUAL PROPERTY

2.1    You acknowledge and agree that Styleshack (or Styleshack’s licensors, as may be applicable) solely and exclusively retains and owns all right, title, and interest in and to all patents, copyrights, trademarks, trade secrets, database information, proprietary information, and compilations thereof (“Intellectual Property”) relating to, disclosed on, and/or comprising the Website.  You therefore acknowledge and agree that your use and/or access of the Website does not transfer to you or any Third-Party (as hereinafter defined) any right, title, or interest in or to any Intellectual Property of Styleshack.  As used in this User Agreement, “Third-Party” shall be defined to include any individual or entity other than you and Styleshack.

2.2    You further acknowledge and agree to grant to Styleshack a non-exclusive right and license to use any User Content (as hereinafter defined) that you make available by or through the Website from now until the end of time, which non-exclusive right and license includes the right and license for Styleshack to use any of your such User Content for commercially exploitative purposes without any payment of royalties or other amounts due being owed or otherwise made to you.  In accordance therewith, you represent and warrant that you have the lawful right, title, and interest in and to all such User Content and that you therefore have the necessary right and authority to grant such non-exclusive right and license for the use thereof to Styleshack.

2.3    You acknowledge and agree that you may not use any Intellectual Property of Styleshack on any medium, including without limitation your own website or a website operated by any Third-Party, without obtaining the prior written consent of Styleshack to so use such Intellectual Property.  Should such consent be granted, and upon request by Styleshack, you thereafter agree to immediately remove any such use of such Intellectual Property of Styleshack within three (3) days of such request by Styleshack.

2.4    If any User Content that you make available by or through the Website or the depiction of any User Content that you make available by or through the Website is alleged or deemed to infringe any Intellectual Property rights belonging to any Third-Party and Styleshack incurs any liability, cost, or expense as a result thereof, you agree to indemnify, hold harmless, cover and/or reimburse Styleshack for all such liabilities, costs, or expenses incurred by Styleshack resulting therefrom, including without limitation all court costs, attorney’s fees, and damage awards.

3.    USER ACCOUNTS; USER CONTENT

3.1    In the course of using the Website, you may be asked to provide certain personal information (hereinafter referred to as “User Information”) and/or provide such User Information in order to register an account or profile for use on the Website (hereinafter referred to as “User Account”).  In providing such User Information, you represent and warrant that all such provided User Information is complete and accurate, and you acknowledge and agree that you are solely responsible for maintaining the accuracy of such User Information.

3.2    Styleshack’s collection and use policies with respect to the User Information are prescribed in its Privacy Policy (see Paragraph 9, below).  Notwithstanding the foregoing, you acknowledge and agree that: (i) you are solely responsible for maintaining the confidentiality of your User Information and the contents of your User Account; and (ii) Styleshack shall in no event be liable or otherwise responsible for any use or misuse of your User Information of the contents of your User Account by any Third-Party, whether or not the same was authorized, expressly or impliedly, by Styleshack.

3.3    You acknowledge that you are solely responsible for all activities related to your User Account, and you agree to immediately notify Styleshack of any actual or suspected unauthorized use or misuse of your User Account or of any other breach of security of which you become aware related to the Website.

3.4    In the course of using the Website, you may be allowed to submit to, post on, or otherwise make available on the Website certain content including without limitation, your username, customer reviews of products, stores or services, items you purchased in conjunction with other items, comments, image or picture files, audio files, video files, text or text files, and any other electronic file or other content (collectively hereinafter referred to as “User Content”).  By submitting to, posting on, or otherwise making available on the Website any User Content, you hereby represent and warrant that: (i) any information contained within the User Content is complete, accurate, and true; (ii) you have the necessary right, title, interest, and authority to submit, post, or make available on the Website such User Content; (iii) you will not state, imply, or otherwise assert that your User Content is in any way provided, approved, or sponsored by Styleshack; and (iv) all User Content that you post will comply with Paragraph 3.5 (below).

3.5    You represent and warrant that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.  You further represent and warrant that you will not submit to, post on, or otherwise make available on the Website any User Content that: (i) is unlawful, profane, indecent, obscene, abusive, defamatory, pornographic, libelous, invasive to the privacy of any Third-Party, or otherwise harmful; (ii) violates the right or rights of any Third-Party, for example, with respect to Intellectual Property or privacy; (iii) purports harassment, degradation, intimidation, or hate towards any Third-Party or group of Third-Parties based on any protected class, including without limitation race, ethnicity, religion, gender, sexual orientation, age, and disability; (iv) states, implies, or asserts that you are someone other than you; (v) constitutes or comprises any unsolicited advertising, junk mailings, spam mailings, or chain letter mailings; or (vi) constitutes or comprises only a reproduction of another user’s User Content.  Furthermore, you represent and warrant that you will not use or access the Website in order to: (i) gain unauthorized access to any server, computer system, or other architecture (hardware or software) supporting the Website; (ii) harvest or otherwise gather any information pertaining to any Third-Party or any information not explicitly made publically available by Styleshack; (iii) disrupt, damage, or destroy any connection or ability to connect to the Website or any portion thereof by Styleshack or any Third-Party; (iv) misappropriate any Intellectual Property found on the Website; (v) use any software or other code capable of disrupting, damaging, destroying, reproducing, or harvesting the Website or any portion thereof; or (vi) violate any law or agreement, including without limitation this User Agreement.

3.6    You acknowledge and agree that Styleshack will not treat any User Content as comprising any confidential, privileged, or proprietary information, and that Styleshack may use any of your User Content in any way that it, in its sole discretion, chooses.  Furthermore, you acknowledge and agree that Styleshack shall in no way be liable or responsible for backing up or otherwise retaining any User Content that you submit to, post on, or otherwise make available on the Website.

3.7    Styleshack reserves the right, but not the obligation, to monitor and otherwise review any User Content and to take any action with respect to the same where such is deemed appropriate by Styleshack, at its sole discretion.  That is, Styleshack may, for example, remove or delete any User Content that it deems to violate this User Agreement, remove or delete your User Account, terminate this User Agreement, and/or report you to an appropriate law enforcement authority.  Styleshack further reserves the right from time to time and upon request to disclose any User Information and/or User Content as may be necessary to satisfy any law, regulation, or lawful request.

3.8    Because this User Agreement is by and between you and Styleshack, Styleshack makes no representations or warranties with respect to your interaction with any other users of the Website or retailers who advertise or sell products through the Website.  That is, you are solely responsible for all of your actions and interactions with other users of the Website or retailers on the Website, including without limitation any loss or damage resulting therefrom.  In the event that a dispute comes into being between you and any other user of or retailer on of the Website, you acknowledge and agree that Styleshack has no obligation to be involved in such dispute.  You further acknowledge and agree that, because Styleshack has no obligation to monitor or otherwise review any User Content, Styleshack shall not be liable or responsible for the User Content of any other user that may be derogatory, damaging, or otherwise harmful to you or any Third-Party.

4.    PROCUCTS AND SERVICES

4.1    Styleshack may, at its sole discretion and from time to time, advertise, market, or otherwise offer for sale certain products and/or services of one or more Third-Parties to you by or through the Website (collectively hereinafter referred to as the “Offerings”).  You acknowledge that any such Offerings are made by the respective Third-Party and not Styleshack.  Upon your entering into any transaction for any Offering by or through the Website, you acknowledge that you are of legal age and have the necessary authority to enter into such transaction, and you agree to be responsible for all costs incurred by you via such transaction, which costs shall be made due and owing to the respective Third-Party, and which costs shall not be paid to or through Styleshack, unless otherwise expressly provided by Styleshack.  Notwithstanding the foregoing, upon your entering into any such transaction for any Offering, Styleshack reserves the right, but not the obligation, to notify you when certain amounts are due to the respective Third-Party.

4.2    Without limiting the generality of the foregoing, you acknowledge and agree that the Website contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Styleshack of the contents on such third-party web sites. Styleshack is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

5.    WEBSITE SUPPORT AND MAINTENANCE

5.1    Styleshack reserves the right, but not the obligation, to: (i) monitor from time to time all advertisements, postings, and all other content on the Website to ensure that they conform to all agreements, including without limitation this User Agreement, as well as any other requirements of Styleshack; and (ii) perform any actions or cause the same to occur as may be necessary for the maintenance and/or operation of the Website.  You acknowledge and agree that you have no right to request any action be taken with regard to the maintenance, support, and/or operation of the Website except as expressly provided in this User Agreement.

5.2    Styleshack further reserves the right, but not the obligation, to from time to time place external links to other Internet websites and resources on the Website.  You acknowledge and agree that: (i) such other Internet websites and resources are not under the control of Styleshack; (ii) Styleshack provides such other Internet websites and resources as a convenience and does not review, monitor, endorse, or otherwise approve any content comprised thereon; and (iii) your use and accessing of any Internet websites and resources via any external links on the Website is done at your sole risk.  Styleshack shall not be responsible for, and shall have no liability as a result of, the availability of any such external links, the contents found thereon, or any damage or disruption to you or your property as a result of any connection thereto);

5.3    Styleshack may allow you to provide user feedback and/or comments with respect to the Website or retailers and their products and services.  Providing feedback and/or comments in this way is at your sole discretion, and should you provide any such feedback and/or comments, you acknowledge and agree that: (i) you assign any and all rights in such feedback and/or comments to Styleshack; (ii) any and all rights to such feedback and/or comments belongs solely to Styleshack; and (iii) Styleshack may thereafter use such feedback and/or comments in any manner that Styleshack, at its sole discretion, chooses or deems appropriate.  You further acknowledge and agree that no portion of any feedback and/or comments that you provide to Styleshack will comprise any confidential, privileged, or proprietary information, and Styleshack will not treat any such feedback and/or comments as if it comprises the same.

5.4    Styleshack will use reasonable efforts to maintain the Website in operation.  However, you acknowledge that the Website may from time to time be Inoperable (as hereinafter defined) due to circumstances beyond the control of Styleshack.  Should the Website or any portion thereof ever be Inoperable for any period of time, you acknowledge and agree that Styleshack shall not be liable in any way for any damage or injury caused by your inability to use or access the Website or any portion thereof.

5.5    As used herein, “Inoperable” shall include all situations where the Website fails to respond to a request to connect whether or not due to circumstances within the reasonable control of Styleshack, including any periods of scheduled maintenance or updates (including without limitation updates to the Website’s security features).  That is, “Inoperable” shall further include any situation where the Website fails to respond to a request to connect (including without limitation an action or inaction by you or any Third-Party, act of God, fire, accident, labor dispute, delay, DNS hacking or hijacking, any other Third-Party interference or interruption, and any other action, inaction, occurrence, or situation whether or not within the reasonable control of Styleshack).

6.    DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

6.1    THE WEBSITE AS WELL AS ALL INFORMATION, CONTENT, AND MATERIALS INCLUDED WITHIN OR ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THE WEBSITE OR ANY PORTION THEREOF ARE PROVIDED BY STYLESHACK ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE EXPRESSLY PROVIDED IN WRITING BY STYLESHACK.  STYLESHACK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED WITHIN OR ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THE WEBSITE OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE EXPRESSLY PROVIDED IN WRITING BY STYLESHACK.  NOTE THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN PROVISIONS CONTAINED WITHIN THIS PARAGRAPH MAY NOT BE APPLICABLE TO YOU.

6.2    STYLESHACK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, WITH RESPECT TO ANYTHING CONTAINED WITHIN OR ON OR OTHERWISE PROVIDED THROUGH THE WEBSITE OR THIS USER AGREEMENT, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE TO THE EXTENT ALLOWED BY APPLICABLE LAW.  THIS PARAGRAPH SHALL EXTEND WITH RESPECT TO STYLESHACK TO ANY PRODUCTS AND/OR SERVICES PROVIDED BY OR THROUGH THE WEBSITE BY ANY THIRD-PARTY.  NOTE THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN PROVISIONS CONTAINED WITHIN THIS PARAGRAPH MAY NOT BE APPLICABLE TO YOU.

6.3    STYLESHACK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY OF THE INFORMATION CONTAINED ON THE WEBSITE OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, OR USEFULNESS OF ANY SUCH INFORMATION.  STYLESHACK DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE AVAILABLE FOR ANY DURATION OR PERIOD OF TIME, BE PROVIDED WITHOUT INTERRUPTION OR ERROR, OR WILL COMPRISE CONTENT THAT IS ACCURATE, RELIABLE, OR FREE OF VIRUSES OR ANY OTHER HARMFUL COMPUTER SOFTWARE, BE IT LAWFUL OR UNLAWFUL.  STYLESHACK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED ON THE WEBSITE OR ANY PORTION THEREOF WILL BE FREE OF ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL, INFRINGING, OR OTHERWISE INAPPROPRIATE MATERIALS.

6.4    STYLESHACK CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION STORED ON ITS SYSTEM OR OTHERWISE IN ITS CARE WILL BE ABSOLUTELY SAFE FROM INTRUSION BY THIRD-PARTIES, INCLUDING THOSE INTENDING TO MALICIOUSLY ACCESS, STEAL, OR OTHERWISE OBTAIN SUCH INFORMATION.  STYLESHACK ASSUMES NO LIABILITY FOR ANY ACCESS TO SUCH INFORMATION BY ANY THIRD-PARTY, OR OTHER ERROR, OMISSION, TRANSMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR ALTERATION OR ANY USER CONTENT OR OTHER INFORMATION STORED ON STYLESHACK’S SYSTEM OR OTHERWISE IN ITS CARE.  FURTHERMORE, STYLESHACK SHALL NOT BE RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS RELATED TO ANY TELEPHONE LINES, COMPUTER LINES, INTERNET CONNECTIONS, SERVERS, PROVIDERS, OR COMPUTER HARDWARE OR SOFTWARE, OR FAILURE OF ANY COMMUNICATIONS CAUSED BY THE SAME.

7.    INDEMNIFICATION

7.1    You agree to defend, indemnify, and hold Styleshack and its officers, directors, agents, and employees harmless against all costs, expenses, and losses (including reasonable attorney’s fees and costs) incurred in any way through your use of the Website, including without limitation: (i) any transmission, distribution, production, reproduction, or other use of any User Content (including any User Content made available by you or by any Third-Party), Intellectual Property of Styleshack, Intellectual Property of any Third-Party; and (ii) any breach or violation of any agreement (including this User Agreement) or law.  You agree not to settle any matter without the prior written consent of Styleshack.  Furthermore, Styleshack reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required by this User Agreement to indemnify Styleshack, and, in doing so, you agree to fully cooperate with our defense of any such claim, action, or proceeding.  You acknowledge and agree you’re your indemnification obligations as herein provided shall last until the end of time.

8.    COPYRIGHT POLICY

8.1    Styleshack values and respects the Intellectual Property rights of others.  In the event that you believe that any of your copyrights are being violated or infringed upon on the Website by any Third-Party, you agree to promptly prepare a written copyright claim report comprising: (i) a description of your copyrighted work that is the subject of the claim; (ii) a description or Internet address of where on the Website your said copyrighted work may be found; (iii) a statement by you to the effect that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (iv) a statement by you, made under the penalty of perjury, to the effect that the information contained in your written copyright claim report is accurate and that you are the copyright owner or otherwise authorized to act on the copyright owner’s behalf; (v) your contact information, including your mailing address, telephone number, and email address, at which you wish to correspond regarding the copyright claim; and (vi) your signature, or the signature of a person authorized to act on behalf of you.  You agree to thereafter promptly submit said written copyright claim report via first class mail and/or electronic mail to Styleshack’s Digital Millennium Copyright Act agent at the following address:

            Copyright Claims – Styleshack LLC

            Attention: Richard C. Bruder

            Kemp Klein Law Firm

            201 West Big Beaver Road, Suite 600

            Troy, MI  48084

            Richard. bruder@kkue.com

            

9.    PRIVACY POLICY

9.1    Styleshack may collect and retain your User Information and any other personal information that you voluntarily provide during the term of this User Agreement, including without limitation any personal information that you provide in entering or registering for any sweepstakes, contest, survey, or other online activity made available through the Website.

9.2    Styleshack may set and access cookies and other similar computer files on your computer upon your use of the Website.  A cookie is a small computer file comprising identifying data that is stored on a user’s computer by a website server, which may be temporary (i.e. session) cookies or permanent (i.e. persistent) cookies, and which are used to understand how a user uses a website.  Styleshack may use cookies placed on your computer for a number of reasons, including without limitation improving the quality of its Website and the services provided thereon, delivering and controlling displayed advertisements, and tracking your usage patterns.  Styleshack may share its cookies collected about you with others, and it may share such cookies anonymously without revealing personal information about you.  Additionally, certain Third-Parties authorized by Styleshack to place advertisements on the Website may set, collect, and track their own cookies.  Styleshack does not have control over the cookies used by any Third-Party.  Certain Internet browser applications may provide you with an option to refuse cookies, and if you do not wish to have cookies installed on your computer by Styleshack and its authorized Third-Parties, you are encouraged to customize your Internet browsing options accordingly.

9.3    Styleshack may record your internet protocol (“IP”) address upon your connecting to the Website.  It may further record other information including without limitation the website from which you browsed to the Website, the specific pages of the Website you view, the advertisements that you see and/or click on within the Website, and the websites that you connect to upon exiting the Website.  Styleshack may use your IP address and other information in order to diagnose server issues, gather demographic statistics, and operate the Website.  Styleshack may further use your IP address and other information in order to determine your geographic location, which location may be supplied to various Third-Parties to provide you with geographically relevant advertising.

9.4    Styleshack uses the information that it gathers from you, as well as the information that you volunteer (including without limitation your User Information and anything comprised on your User Account) to provide you with the best possible services on the Website.  As such, and in order to provide the best possible experience for its users, Styleshack may seek to use the information that it gathers along with any user information provided by Third-Parties.

9.5    Styleshack may share and/or disclose the information that it gathers from you with Third-Parties authorized to provide services, products, contests, sweepstakes, sponsorships, and other functions on behalf of Styleshack.  In so sharing and/or disclosing your information, Styleshack may (but is not obligated to) ask any such receiving Third-Parties to agree to maintain all such shared and/or disclosed information in a confidential capacity and not to use such shared and/or disclosed information for any purpose other than that which it is intended or needed.  Styleshack chooses its Third-Parties based on those it believes may be of interest to you.  If you do not agree to have your information shared and/or disclosed with such Third-Parties, do not utilize the services, products, contests, sweepstakes, sponsorships, and other functions.  Styleshack may further share and/or disclose your information when required by law or in connection with a sale, merger, transfer, exchange, or other disposition of all or substantially all of the business conducted by the Website.

9.6    Styleshack may provide you with an opportunity to utilize certain social networking services via the Website.  You acknowledge and agree that doing so may provide Styleshack with certain information relating to the information that you share with such social networking services, and that the respective privacy policies of such social networking services are separate and may differ from that of Styleshack.  Furthermore, you acknowledge and agree that any Third-Party website that may be linked to or otherwise discussed on the Website will have a privacy policy that is separate and may differ from that of Styleshack.

9.7    By registering your User Account, you agree to allow Styleshack to, from time to time, send you targeted marketing and other content via electronic mail.  Should you wish to discontinue receiving such content, you may do so via an unsubscribe option provided within such electronic mailings.  There may further be an option to unsubscribe in this way provided on the Website.  Should you thereafter take any action to imply or otherwise state that you wish to receive such content, your previous opting out will be considered void and such targeted marketing and other content electronic mailings will continue as if you had never opted out of the same.

9.8    The Website is not intended for use by children or minors.  Parents are strongly encouraged to monitor any and all use of the Website by their children, specifically as to the information that their children choose to disclose thereon.

9.9    California’s “Shine the Light” law, Civil Code § 1798.83, provides that California customers may request information related to how businesses choose to share and/or disclose their personal information to Third-Parties and requires businesses to respond to such requests.  Alternatively, such law provides that businesses may put in place a policy not to share and/or disclose any California customer’s personal information where such customer has exercised his or her option to opt out of such sharing and/or disclosing.  If you are a California customer and wish to opt out of such sharing and/or disclosing, please send your written request to do so to:

CA Customer Opt Out – Styleshack LLC

            Attention: Richard C. Bruder

            Kemp Klein Law Firm

            201 West Big Beaver Road, Suite 600

            Troy, MI  48084

            Richard. bruder@kkue.com


9.10    International users should be aware that the information that they voluntarily provide or that is otherwise gathered about them will be stored and processed in the United States, and the laws of your country will not apply to the storing and processing thereof.  By using and otherwise accessing the Website, you acknowledge that you consent to such storing and processing of your information within the United States.

10.    TERM AND TERMINATION

10.1    This User Agreement shall be in full force and effect upon your first use or accessing of the Website and shall remain in full force and effect at all times until the end of time unless and until this User Agreement is terminated.

10.2    Styleshack reserves the right, but not the obligation, at it sole discretion, to terminate this User Agreement at any time and for any reason or no reason.  Styleshack may terminate this User Agreement where it has reason to believe that you have violated any law and/or any part of this Agreement or caused any Third-Party to do the same.  Furthermore, Styleshack reserves the right, but not the obligation, at its sole discretion, to suspend, discontinue, restrict, or otherwise modify any portion of this User Agreement and your rights thereunder at any time and for any reason or no reason.

10.3    You may terminate this User Agreement at any time upon reasonable notice to Styleshack, which notice may comprise taking action to delete or otherwise remove your User Account and all associated User Content from the Website.  Styleshack may choose to alert you by contacting you, for example, by electronic mail and the address provided by you, upon learning that your User Account has been deleted to confirm that you intended to so delete your User Account.

10.4    Upon the termination of this User Agreement: (i) Styleshack may, at its sole discretion, delete your User Account and all associated User Content, with or without notice to you; and (ii) you acknowledge and agree that Styleshack shall in no way be liable for any loss of data or any other damage or injury caused by such deletion of your User Account and associated User Content.

10.5    Where this User Agreement was terminated by Styleshack, you will no longer be authorized or permitted to use or access the Website, and you will thereafter be forbidden from using or accessing the Website unless and until Styleshack expressly conveys in writing to you that you may reuse or access the Website.  Your use or accessing of this Website during any period wherein you are not authorized or permitted to do so may result in criminal prosecution and/or civil liability under any applicable laws.

11.    MISCELLANEOUS

11.1    Agency.  This User Agreement does not create any agency, partnership, joint venture or franchise relationship.  You do not have the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of Styleshack or bind Styleshack in any respect whatsoever.

11.2    Amendments.  Styleshack, at its sole discretion, may amend the terms of the User Agreement at any time, with or without notice to you, by replacing any current User Agreement with a revised version thereof.  If you do not agree to the terms as amended, you may not access or otherwise use the Website, and you must exit the Website immediately.  Your continued use of the Website now, or following any amendment made to the User Agreement, shall constitute a binding acceptance by you of this User Agreement as modified by said amendments.

11.3    Attorney’s Fees. In any suit or proceeding relating to this User Agreement, Styleshack shall have the right to recover from you its costs and reasonable fees and expenses of any attorneys, accountants, and other professionals incurred in connection with the suit of proceeding, including costs, fees and expenses upon appeal, separately from and in addition to any other amount included in such a judgment.  This provision is intended to be severable from the other provisions of this User Agreement, and shall survive and not be merged into any such judgment.

11.4    Choice of Law. The validity, interpretation, and performance of this User Agreement shall be controlled by and construed under the laws of the state of Michigan, as if performed wholly within the state and without giving effect to conflict of laws principles.

11.5    Dispute Resolution.  Venue for all disputes under the User Agreement shall be the court of appropriate jurisdiction for matters in Oakland County, Michigan, without regard to choice of law rules.  Should Styleshack prevail in any such suit, it shall be entitled to collect from you all costs of the suit, including reasonable attorney’s fees.

11.6    Entire Agreement.  This User Agreement, including any schedules or attachments enclosed herewith or referenced hereby, embodies the entire agreement and understanding between you and Styleshack with respect to the use and access of the Website and supersedes all prior or contemporaneous agreements and understandings other than this User Agreement relating to the same.

11.7    Headings.  Titles and headings to articles, sections, or paragraphs in this User Agreement are inserted for convenience and reference only and are not intended to affect the interpretation or construction of this User Agreement.

11.8    Interpretation.  Use of the word “including” is illustrative and not limiting.  You acknowledge that you have had an opportunity to review this User Agreement and no rule of construction against Styleshack as the drafter of this User Agreement shall apply.

11.9    Language.  This User Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on Styleshack.  All communications and notices to be made or given pursuant to this User Agreement shall be in the English language.

11.10    Limitation of Liability.  In no event will Styleshack, including its officers, directors, agents, and employees, be in any way liable for any direct, indirect, special, incidental, consequential, exemplary, punitive, or other damages arising from, or directly or indirectly related to, the use or accessing of, or inability to use or access, the Website or any portion thereof by you or any Third-Party, even where Styleshack has been advised as to the possibility of such damages.  Note that certain jurisdictions do not allow the limitation of liability for incidental or consequential damages, so certain provisions contained within this Paragraph may not be applicable to you.

11.11    Severability.  In the event that any of the terms of this User Agreement become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this User Agreement.  All remaining terms of this User Agreement shall remain in full force and effect.

11.12    Waiver.   No waiver of rights under this User Agreement by Styleshack shall constitute a subsequent waiver of this or any other right under this User Agreement.

11.13    California Residents. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."