The following Terms of Service apply to your use of all websites, mobile applications, and other products and services owned, controlled, operated or hosted (whether now or in the future) by MyStyleRules, Inc. and/or its corporate affiliates, including but not limited to MyStyleRules, Inc. and all related applications and services (collectively the "MyStyleRules sites").
Last Updated: April 26, 2014
MyStyleRules, Inc. ("MyStyleRules" or "we") is a St. Lucia corporation that: (i) creates, produces and distributes educational Content (as defined below); and (ii) offers users the opportunity to create a virtual 3D model by submitting Personal Information to MyStyleRules Sites so that personal fashion and attire recommendations can be provided to the User.
1. CERTAIN DEFINITIONS:
As used herein, the following capitalized terms shall have the meanings set forth as follows:
“Closet” means a virtual storage location on the MyStyleRules site for garments specifically chosen by the user.
"Content" means and includes, without limitation, photos, images, artwork, graphics, videos, audios, animations, text, editorials, comments, writings, personal information, music, liner notes, lyrics, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise.
"Collaborative Content" means any customized Content that results from Users incorporating Personal Information into MyStyleRules Content (as defined below) as the functionality of the MyStyleRules Sites and MyStyleRules Services may allow and enable from time to time. An example of Collaborative Content would be your personal 3D model or image resulting from a User inputting personal information, such as age, height, ethnicity, size, etc.
"MyStyleRules Content" means any and all Content made available on the MyStyleRules Sites and/or through the MyStyleRules Services, including Content owned or controlled by MyStyleRules and/or its corporate affiliates, as well as Content licensed or otherwise provided to MyStyleRules by Licensors/Suppliers (as defined below).
"MyStyleRules Services" means any and all services, tools, Software (as defined in Section 22), applications and functionalities as may be provided on the MyStyleRules Sites from time to time.
"Licensors/Suppliers" means any and all third parties that make available to MyStyleRules (pursuant to a license or otherwise) their proprietary Content, products or services for use, deployment, display, performance and/or distribution via the MyStyleRules Sites. For the avoidance of doubt, the term "Licensors/Suppliers" includes third parties that place, display or distribute their advertising, promotional or sponsorship Content on the MyStyleRules Sites.
Personal Information means information such as age, height, ethnicity, size, etc.
Private Dressing Room means the personally allocated space on the MyStyleRules site where a User views her model and associated garments.
"Trademarks" means any and all marks, brands, logos, designs, character names, location names, slogans, catch words and phrases, business names, trade names, trade dress, packaging designs, label designs, webpage layouts, look and feel, and other indicia of source, origin or identification, owned or controlled by MyStyleRules, its corporate affiliates, and/or Licensors/Suppliers. Any and all Trademarks owned or controlled by MyStyleRules and/or its corporate affiliates, including, without limitation, the MyStyleRules name and logos and characters, and the layout and design of the MyStyleRules Sites, are referred to hereinafter as "MyStyleRules Trademarks"; and any and all Trademarks owned or controlled by Licensors/Suppliers, are referred to hereinafter as "Licensors/Suppliers Trademarks."
2. AFFILIATE NOTICES & DISCLAIMERS
When accessing links on the MyStyleRules site to preview/purchase garments and/or accessories from MyStyleRules’ affiliate companies, please be aware that each affiliate site contains its own Terms of Service, Terms of Sale, and associated notices and disclaimers. Any claims relative to an affiliate site are NOT legally associated with MyStyleRules, Inc., and must be addressed directly with the affiliate organization.
This Agreement shall remain in full force and effect for as long as the User uses any of the MyStyleRules Sites or MyStyleRules Services, whether as a Visitor, Registered User or Member ("Term"). User may terminate his/her free account or membership at any time, for any reason by following the instructions available in the My Account section of the MyStyleRules site (click here). MyStyleRules may terminate your free account or membership at any time, for any reason, effective immediately upon sending notice to you at the email address you provided during the account set-up process, or such other email address as you may subsequently provide to MyStyleRules. If MyStyleRules terminates the User’s free account or membership in the Service due to a breach of this Agreement, User shall not be entitled to the refund of any unused portion of membership fees (if any). Even after the free account and/or membership
is terminated, this Agreement will remain in full force and effect, provided, however, that the Private Dressing Room created for the User may no longer be accessible on the MyStyleRules Sites once User’s account has been cancelled.
Notwithstanding the foregoing, User acknowledges that once the Personal Information is integrated into the MyStyleRules application, all of the licenses for such materials shall extend in perpetuity. By using the MyStyleRules Services and/or by becoming a Member, User acknowledges that MyStyleRules reserves the right to charge payment for the MyStyleRules Services and the right to terminate a Registered User’s account or Member’s membership should User breach this Agreement or fail to pay for the Service, as required by this Agreement. MyStyleRules’ subscription fees at registration (if any) may change from time to time.
4. ELIGIBILITY; LIMITED USER LICENSE FOR MYSTYLERULES CONTENT:
Use of the MyStyleRules Sites or MyStyleRules Services is void where prohibited by law. By signing up to become a Registered User or Member on any of the MyStyleRules Sites or MyStyleRules Services, you represent and warrant that: (i) all registration information submitted directly by you or via third-party sign-on service (e.g., Facebook Connect) is truthful and accurate and you agree to maintain the accuracy of such information; (ii) you are at least 13 years of age; and (iii) your use of the MyStyleRules Sites and MyStyleRules Services does not violate any applicable law or regulation. Your account information and data may be deleted without warning if it is discovered that you have misrepresented your age or any other account and/or membership data.
Subject to your strict compliance with this Agreement and except as otherwise expressly permitted by this Agreement or by MyStyleRules, MyStyleRules grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access your Private Dressing Room and Closet, PROVIDED that: (i) you maintain all copyright and other proprietary notices contained in the MyStyleRules Content or any copy you may make of the MyStyleRules Content; (ii) you do not use the MyStyleRules Content in a manner that suggests an association with MyStyleRules or any of its Licensors/Suppliers or any of their products, services or brands; (iii) you do not modify the MyStyleRules Content; (iv) you do not allow or aid or abet any third party (whether or not for your benefit) (a) to copy or adapt the object code of any of the MyStyleRules Sites or MyStyleRules Services or (b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any
source code associated with any of the MyStyleRules Sites or MyStyleRules Services or other products or processes accessible through the MyStyleRules Sites or MyStyleRules Services; and (v) you do not insert any code or product to manipulate the MyStyleRules Content in any way that affects any User’s experience.
You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the MyStyleRules Content (except as may be a result of standard search engine or internet browser usage), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the MyStyleRules Content in any way for any public or commercial purpose except as expressly permitted by this Agreement or by MyStyleRules.
5. USER CONDUCT:
All of the MyStyleRules Sites, MyStyleRules Content, and MyStyleRules Services are solely for your personal use, and corporate or commercial use is expressly prohibited. You are solely responsible for all Personal Information posted or distributed by you or through your account with MyStyleRules, including any email messages, and for all your interactions with other Users.
User agrees to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, User agrees not to: (i) violate any applicable law or regulation; (ii) submit any materials that conflict with any of User’s representations and warranties set forth in Section 11 of this Agreement; (iii) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity and/or contractual rights; (iv) use any content or information available on the MyStyleRules Sites or through the MyStyleRules Services for any unauthorized purpose; (v) interfere with or damage any of the MyStyleRules Sites or MyStyleRules Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (vi) use any of the MyStyleRules Sites or
MyStyleRules Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or account numbers, or any defamatory materials of any kind, except where User has obtained express permission from such other person or entity in connection with any of the foregoing; (vii) use any of the MyStyleRules Sites or MyStyleRules Services in connection with the distribution of unsolicited commercial e-mail ("Spam") or advertisements; (viii) "stalk" or harass any other user of the MyStyleRules Sites or MyStyleRules Services; (ix) collect or store any information about any other user other than in the course of the permitted use of the MyStyleRules Sites and MyStyleRules Services; (x) use any of the MyStyleRules Sites or MyStyleRules Services, without express written permission, for any commercial purpose whatsoever (including, without limitation, to research, advertise,
market, promote, sell or otherwise exploit any product or service); (xi) sell or otherwise transfer any User information (e.g., user profiles); or (xii) assist any third party in doing any of the foregoing. MyStyleRules may terminate the accounts and/or memberships of Users who violate the foregoing, and may prohibit them from creating new accounts with MyStyleRules. For any Users who MyStyleRules determines, in its sole discretion, are repeat infringers of third-party intellectual property rights, MyStyleRules will terminate their accounts and/or memberships, as the case may be, and prohibit them from creating new accounts with MyStyleRules. User is solely responsible for User’s interactions with other users of the MyStyleRules Services. MyStyleRules will not be responsible for any damage or harm resulting from User’s interactions with other users of the MyStyleRules Services. MyStyleRules reserves the right, but shall have no obligation, to monitor interactions between User and
other users of the MyStyleRules Services and take any action in good faith to restrict access to or the availability of any material that MyStyleRules or another user of the MyStyleRules Services may consider to be obscene, lewd, defamatory, lascivious, filthy, excessively violent, harassing or otherwise objectionable.
The MyStyleRules Sites and MyStyleRules Services allow, among other things, Users who are 13 or older to input Personal Information (e.g., certain physical measurements, age, ethnicity, etc.) for use in creating their personal model, use in their Private Dressing Room and Closet.
User acknowledges and agrees that, as between MyStyleRules and User, MyStyleRules and/or its Licensors/Suppliers (as the case may be) are, and shall at all times remain, the sole and exclusive owner(s) of all right, title and interest (including, without limitation, copyright), in and to the MyStyleRules Sites, MyStyleRules Services, all Trademarks, and all MyStyleRules Content, and that User’s right to use the MyStyleRules Sites, MyStyleRules Services, Trademarks, and MyStyleRules Content, as set forth herein, shall be for personal, non-commercial use only and shall not in any way transfer or convey any ownership rights or other proprietary interests therein to User.
8. THIRD PARTY CONTENT & SITES:
The MyStyleRules Sites and MyStyleRules Services may contain Content of third parties, including Content provided by Licensors/Suppliers (collectively "Third Party Content"), as well as links to third party web sites ("Third Party Sites"). MyStyleRules does not control Third Party Content and Third Party Sites and makes no representations or warranties about them. User understands that by using the MyStyleRules Sites and MyStyleRules Services, he/she may be exposed to Third Party Content or Third Party Sites that are false, offensive, indecent or otherwise objectionable. Under no circumstances will MyStyleRules be liable in any way for any Third Party Content or Third Party Sites, including, without limitation, any errors or omissions in any Third Party Content or Third Party Sites or any loss or damage of any kind incurred as a result of the use of any Third Party Content or Third Party Sites. User agrees to bear all risks associated with using or relying upon Third Party
Content or Third Party Sites, including without limitation, profiles of other Users.
9. PROPRIETARY RIGHTS:
User acknowledges and agrees that all MyStyleRules Sites, MyStyleRules Services, Trademarks and MyStyleRules Content are the property of MyStyleRules and/or Licensors/Suppliers (as the case may be) and are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by MyStyleRules and/or Licensors/Suppliers (as applicable), User may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from, any Trademark or MyStyleRules Content, or otherwise use any Trademark or MyStyleRules Content in any way. User also agrees not to retrieve data or other content or any materials from the MyStyleRules Sites to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. User further
agrees not to use any Trademark or MyStyleRules Content as metatags on other web sites. Moreover, User agrees not to display any of the MyStyleRules Sites in a frame (or any of our content via in-line links) without MyStyleRules’ express written permission.
10. LINKING POLICY:
User may link from his/her/its own website to one or more MyStyleRules Sites, PROVIDED, however, that he/she/it: (i) must NOT frame or create a browser or border environment around any of the MyStyleRules Content on the linked MyStyleRules Site or otherwise mirror any part of the linked MyStyleRules Site; (ii) must NOT imply that MyStyleRules and/or any of its Licensors/Suppliers or the linked MyStyleRules Site is endorsing or sponsoring User, User’s site or any User product or service, unless expressly authorized in writing by MyStyleRules and/or its Licensors/Suppliers; (iii) must NOT present false information about, or disparage, tarnish, or otherwise, in MyStyleRules’ sole opinion, harm MyStyleRules and/or any of its Licensors/Suppliers in any way; (iv) must NOT use any MyStyleRules Trademarks without the prior written permission of MyStyleRules, or use any Licensors/Suppliers Trademarks without the prior written permission of their respective owners; and (v) must NOT
contain Content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion). By linking to any of the MyStyleRules Sites, User agrees to be bound by and comply with all of the above linking restrictions and requirements.
Notwithstanding anything to the contrary contained in this Agreement, MyStyleRules reserves the right to prohibit and deny linking to any of the MyStyleRules Sites for any reason in its sole and absolute discretion, even if the linking complies with all of the restrictions and requirements described above.
11. USERNAME AND PASSWORD:
Eligible User who creates a MyStyleRules account will select a username and password when completing the registration process or create an account using third-party single sign-on services (e.g. Facebook Connect). User is solely and fully responsible for maintaining the confidentiality of his/her username and password, or third-party credentials, for accessing MyStyleRules and will be solely and fully responsible for all activities that occur under that account to access the MyStyleRules Sites. User agrees to: (a) immediately notify MyStyleRules of any unauthorized use of User’s username and password or any other breach of security and (b) log off from his/her account at the end of each session. MyStyleRules cannot and will not be liable for any loss or damage arising from User’s failure to comply with this Section 11.
12. REPRESENTATIONS AND WARRANTIES:
User represents and warrants that:
1. User has the full right and power to enter into and perform this Agreement;
2. All information that User has provided or will provide to MyStyleRules is true and complete.
13. USER DISPUTES:
You are solely responsible for your interactions with other Users. MyStyleRules reserves the right, but has no obligation, to monitor disputes between you and other Users.
14. DOWNLOADABLE ITEMS:
To the extent that MyStyleRules makes any applications, software or functionalities available for download or use from or through any of the MyStyleRules Sites or MyStyleRules Services (the "Downloadable Items"), such Downloadable Items are the copyrighted work (as between you and MyStyleRules) of MyStyleRules and/or its Licensors/Suppliers. Your use of the Downloadable Items may be governed by additional terms and conditions, which may be included with the Downloadable Items. Please carefully read any such additional terms and conditions to determine the full extent of conditions governing the use of such Downloadable Items.
If you install a Downloadable Item that is a software application, you consent to the download of such software to your computer or device and accept this Agreement and any additional terms and conditions related to such software application. You also agree that any Downloadable Items you obtain from any of the MyStyleRules Sites or MyStyleRules Services (whether for free or for a fee) are only provided to you for your personal, non-commercial use and are not meant for you to further distribute.
User agrees to defend, indemnify, reimburse and hold MyStyleRules and its parent, subsidiary and affiliated entities, its Licensors/Suppliers, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney’s fees, costs and expenses and court costs) arising out of or related to: (i) User’s use of the MyStyleRules Sites and MyStyleRules Services; and (ii) any breach or alleged breach of User’s representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions hereof.
16. MYSTYLERULES’ PERFORMANCE:
User acknowledges and agrees that the operation of the MyStyleRules Sites may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and MyStyleRules shall not be responsible to User or others for any such interruptions, errors or problems or an outright discontinuance of the MyStyleRules service. MyStyleRules has the right, in MyStyleRules’ sole and absolute discretion, to remove from the MyStyleRules Sites at any time the Personal Information or any part thereof and/or to revoke any sublicense granted by MyStyleRules to any affiliate or unaffiliated third party. User acknowledges that User is solely responsible for all information submitted to the MyStyleRules Sites. The MyStyleRules Sites may be discontinued at any time, with or without reason and without any liability to User or to any third party for any modification or discontinuance of the MyStyleRules Services.
17. NO WARRANTY:
ALL OF THE MYSTYLERULES SITES, MYSTYLERULES SERVICES, AND MYSTYLERULES CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYSTYLERULES AND ITS LICENSORS/SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE MYSTYLERULES SITE(S) AND MYSTYLERULES SERVICES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE MYSTYLERULES SITES AND MYSTYLERULES SERVICES.
IN ADDITION, ALTHOUGH MYSTYLERULES INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE MYSTYLERULES SITES, AND WHETHER OR NOT MYSTYLERULES IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, MYSTYLERULES DOES NOT WARRANT THAT THE MYSTYLERULES SITES, ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE MYSTYLERULES SITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING ANY OF THE MYSTYLERULES SITES OR MYSTYLERULES SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE SUCH MYSTYLERULES SITES OR MYSTYLERULES SERVICES.
18. NO LIABILITY FOR THIRD PARTY USE:
MYSTYLERULES DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE PERSONAL INFORMATION PROVIDED BY YOU ON THE MYSTYLERULES SITES PURSUANT TO THE TERMS OF THIS AGREEMENT. YOU SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF YOUR PERSONAL INFORMATION BY A THIRD-PARTY, AND NOT FROM MYSTYLERULES OR ANY OF ITS LICENSORS/SUPPLIERS. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS YOUR PERSONAL INFORMATION FROM MYSTYLERULES (WHETHER OR NOT WITH MYSTYLERULES’ PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED PURSUANT TO THE LICENSES GRANTED HEREUNDER, YOU WILL SEEK REDRESS FROM THAT OTHER PERSON AND NOT FROM MYSTYLERULES OR ANY OF ITS LICENSORS/SUPPLIERS, AND THAT YOU WILL NOT HOLD MYSTYLERULES OR ANY OF ITS LICENSORS/SUPPLIERS RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
19. EXCLUSION OF DAMAGES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL MYSTYLERULES, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS/SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT MYSTYLERULES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE MYSTYLERULES SITES AND/OR THE MYSTYLERULES SERVICES. IN NO EVENT SHALL MYSTYLERULES’ TOTAL LIABILITY TO USER UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $200. USER
EXPRESSLY WAIVES ANY AND ALL RIGHT TO SEEK OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF RELATING IN ANY WAY TO THIS AGREEMENT OR THE SERVICES INVOLVED. THE PARTIES ACKNOWLEDGE AND AGREE THAT MYSTYLERULES HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN USER AND MYSTYLERULES, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
20. EXPORT CONTROLS:
Software from the MyStyleRules Sites (the "Software") is further subject to United States and St. Lucia export controls. No Software may be downloaded from the MyStyleRules Sites or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
21. GOVERNING LAW, VENUE AND JURISDICTION:
You agree that the laws of the Nevada (USA), without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Service, and any dispute of any sort that might arise between you and MyStyleRules or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the state of Nevada, and BOTH YOU AND MYSTYLERULES IRREVOCABLY consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in the state of Nevada, USA.
YOU AND MYSTYLERULES AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE OR THE SALE OF ANY PRODUCT OR SERVICE BY MYSTYLERULES SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, MyStylesRules will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR ANY MYSTYLERULES PRODUCTS OR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to any products or services purchased by you on or through any of the MyStylesRules Sites be instituted more than three (3) years after the cause of action arose.
MyStylesRules shall have the right to assign this Agreement in whole or in part to any person or business entity. User may not assign User’s rights or delegate User’s obligations under this Agreement without the prior written consent of MyStylesRules.
All notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to MyStylesRules, Inc., 2780 South Jones Blvd. Suite 3722 Las Vegas, NV 89146. Communications shall be deemed received: (i) for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt as indicated on the return receipt; (ii) for Communications sent by personal delivery, on the date of personal delivery; and (iii) for Communications sent by facsimile, upon transmission subject to telephone confirmation of receipt. No other form of notice shall be accepted under this Agreement.
25. ENTIRE AGREEMENT:
26. STATUTE OF LIMITATIONS:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
MyStylesRules reserves the right to change the terms of this Agreement from time to time in its sole discretion. In the event of such changes, MyStylesRules will post the changes on the MyStylesRules Sites and/or notify User via email. Also, MyStylesRules may ask User to review and consent to the changes at the time of User’s next account login or at the time of his/her next visit to the Site. By continuing to use any of the MyStylesRules Sites or MyStylesRules Services after such notice and consent, User agrees to be bound by the changes to this Agreement and the new terms of the Agreement shall govern all prior and future submissions of Personal Information.