You hereby agree to represent and warrant that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You understand that except for advertising programs offered by us on StyleNugget, the Service and the Site are available for your personal, non-commercial use only.
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:
- If a comment is made using your identity or screen name it will be deemed to have been posted by you.
- Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
- Do not make false or misleading statements.
- Do not offer to sell or buy any product or service, or post links to third party websites, unless expressly authorized to do so by StyleNugget in connection with a feature of the Services.
- Do not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
- Do not post information that you know to be confidential or sensitive or otherwise in violation of any law, statute, rule, ordinance or regulation.
- Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any StyleNugget user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while the you are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Services infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page or Content of the Services is strictly prohibited. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the Services.
StyleNugget does not claim ownership of Content you submit or make available for inclusion on the Service. However, in order to display materials you provide on the Service and elsewhere, we need your permission. As such, by uploading, emailing, posting, publishing or otherwise transmitting Content to any online forum or other feature of the Service, or by submitting any Content or feedback (including, without limitation, suggestions, complaints, ideas, results, modifications, improvements, translations, discoveries and observations) to StyleNugget (“Submissions”) by any means, you grant StyleNugget a worldwide, royalty-free, fully paid up, non-exclusive, sub licensable, right and license to use, reproduce, modify, adapt, create derivative works of, perform publicly, display publicly, distribute, publish, and transmit such Submissions, including any and all publicity rights therein, in any form, medium, or technology now known or later developed, provided that:
- With respect to the Submissions that you make available for inclusion solely in the areas of the Service which are not publicly accessible, such license shall be limited to the sole usage for the purpose for which the Content was provided; and
- With respect to Submissions you make available for inclusion on publicly accessible areas of the Service, other than text. StyleNugget’s license shall terminate at the time you remove or StyleNugget removes such Content from publicly accessible areas of the Service, but any sublicenses previously granted by StyleNugget to third parties shall endure; and
- With respect to Submissions of text, the license shall be perpetual and irrevocable; and
“Publicly accessible” areas of the Service are those areas of the StyleNugget network of properties that are intended by StyleNugget to be available to the general public. By way of example, publicly accessible areas of the Service would include StyleNugget Message Boards and portions of StyleNugget blogs, and Photos that are open to both members and visitors.
CONTRIBUTIONS TO STYLENUGGET
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to StyleNugget through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) StyleNugget is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) StyleNugget shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) StyleNugget may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of StyleNugget without any obligation of StyleNugget to you; and (f) you are not entitled to any compensation or reimbursement of any kind from StyleNugget under any circumstances.
NO RESALE OF SERVICE
You agree not to copy, reproduce, duplicate, sell, resell, trade, or exploit, any portion of the Service (including your StyleNugget ID), use of the Service, or access to the Service for any commercial purposes.
THIRD PARTY SITES, PRODUCTS AND SERVICES, LINKS
- Other Users. Your correspondence or interaction with, or participation in activities with, other users found on or through the Service are solely between you and such user. While StyleNugget strives to foster a supportive community which helps reputable and competent people help each other, you acknowledge and agree that we are not responsible for the availability, quality, or performance of goods or services promised by other users, and we do not endorse and are not responsible or liable for any Content, advertising, representations, opinions, advice, services, products, or other materials that you may receive through such contacts. You should use your ordinary care and common sense when evaluating the wisdom, safety, and prudence of engaging in particular communications or other activities with site users, either through the Service, elsewhere online, or offline. YOU AGREE THAT STYLENUGGET WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OR ACTIVITIES OF SUCH USERS ON OR IN CONNECTION WITH THE SERVICE.
- Other Web Sites. The Service may include links to other web sites or services solely as a convenience to Users (“Linked Sites”). StyleNugget does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, StyleNugget makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
- Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. YOU AGREE THAT STYLENUGGET WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON OR IN CONNECTION WITH THE SERVICE.
StyleNugget reserves the right, at our sole discretion to refuse or terminate the service, including your membership and to delete or discard any information associated with your membership with or without any notice, for any given reason or no reason including if it believes that you are under 13. StyleNugget will not be liable to you for termination of your membership to its services. Membership in the Service is void where prohibited.
NO WARRANTY AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE. UNDER NO CIRCUMSTANCES SHALL STYLENUGGET OR ITS DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, HOWEVER ARISING, INCLUDING BY NEGLIGENCE, INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT STYLENUGGET HAS BEEN ADVISED OF SUCH POSSIBILITY.
YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH STYLENUGGET.COM SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.)
You agree to indemnify StyleNugget and its affiliates, subsidiaries, employees, agents, representatives, licensees and licensors and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from the content you submit, post, upload, transmit or otherwise make available through the Service, from your unauthorized use or misuse of the site and its services, your violation of the TOS, or your violation of any rights of another.
You alone are responsible for your involvement and interaction with other users. StyleNugget reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release StyleNugget (and StyleNugget’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
REPORTING COPYRIGHTAND OTHER INTELLECTUAL PROPERTY VIOLATIONS
StyleNugget undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement, as well as other intellectual property violations, we receive. StyleNugget reserves the right to disable and/or terminate the accounts of users who are found guilty of infringement. If you are a copyright holder and believe that any content available through the Service infringes your rights, or your intellectual property rights have been otherwise violated, please submit the following details:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such copyright and other intellectual property claims can be sent to copyright@Stylenugget.com.
StyleNugget aims to provide unbiased editorials. However, we wish to disclose that (i) we receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.
Last updated: 31 August 2011