Terms and conditions for use of Stylight ("Terms")
The following describes the terms and conditions applicable to your access and use of the stylight.ca website.
BY ACCESSING AND USING THE Stylight SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ABIDE BY ALL OF THE RULES AND POLICIES SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ENTER THE Stylight WEBSITES. Stylight PROVIDES ITS SERVICES SUBJECT TO THE FOLLOWING CONDITIONS:
By using Stylight services, you agree to these conditions. Please read them carefully.
1. Stylight Inc., (hereinafter, “Stylight“) owns, operates and controls the Stylight website (the “Site”).
Stylight provides end users (the “Users”) with free information relating to products provided for purchase from third parties (the “Partner Shops” who are independent contractors and not partners in a corporate sense) on the Site, mobile application, and any other platforms Stylight owns or controls and makes available to the Users (the “Services”) and, among other things, the ability to assemble and discuss selected information and to access the Partner Shops’ websites to further explore the products, their availability, their current pricing, and to make purchases from Partner Shops. Stylight does not sell any products. Sections I and II of these Terms and Conditions apply to all Users of the Service. Section III applies to Users who become Members (the “Members”) of the Stylight Community (the “Community”).
2. Eligibility to Use and/or Register on the Site
Users are solely responsible for their use of the Services and any consequences thereof. The Site, Services, and Community are not intended for Users under the age of 13, and only persons of the age of 18 or older may register on the Site. Stylight does not knowingly collect personally identifiable information from Users under the age of 13. Such individuals are expressly prohibited from using the Service, from submitting their personally identifiable information to us, and from registering as a Member. Stylight does not knowingly market or sell products for purchase by children under the age of 13. Users may only use Stylight’s Services in compliance with these Terms and all other applicable federal, state, local, and international laws, rules, and regulations.
Users agree not to impersonate other persons, not to provide false information and not to rely on the identity or identification of other Users displayed on the Site because Stylight does not employ any means to verify the true identity of registered users.
By accessing the Services, you represent and warrant to Stylight that (i) you are an individual at least 18 years old; (ii) you are of legal age to form a binding contract; (iii) all registration information you submit is accurate and truthful, with such accuracy being maintained; and (v) you are legally permitted to use and access the Services and take full responsibility for your access and use of the Services.
3. Property rights
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site infringe your copyright, you or your agent may send Stylight a notice requesting that the material be removed, or access to it blocked, by writing to
Alyssa Leccese, President
1900 Market Street
Philadelphia, PA 19103
This notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Stylight to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) 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; and (f) 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. Notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Stylight suggests that persons who believe that their copyrights have been violated consult a legal advisor before filing a notice. There can be penalties for false claims under the DMCA.
Users hereby acknowledge that company names, trademarks, logos and/or product designations on the Site are protected by law and may be registered, for the benefit of the Partner Shops, their suppliers, and Stylight. Users acknowledge further that Stylight is the owner, under United States and international law, of the intellectual property, including, without limitation, design patents, patents, copyrights, domains, and trademarks for the content, display, configuration, underlying code, compilation and composition of the Site and Community, except the content provided by third parties and Members which may, or may not be, jointly owned by, or licensed to, Stylight, and who may, or may not be, affiliated with, connected to, or sponsored by Stylight. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site, including the Community, are trademarks or trade dress of Stylight in the United States and other countries. Stylight’s trademarks and trade dress may not be used in connection with any products or services that are not Stylight’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Stylight or its Users. Stylight disclaims any ownership in copyrights, trademarks, service marks, certification marks, group marks, design patents, domains and other intellectual property that may appear on the Site and belongs to third parties, including, but not limited to, the Partner Shops. In the event of a concern over infringement of, or actionable confusion with, such third-party rights, please notify Stylight promptly by contacting:
Alyssa Leccese, President
1900 Market Street
Philadelphia, PA 19103
Users agree that they will access or use the Site or any content on the Site for their own personal use only and will not access or use the Site for any commercial purpose except with the written permission of Stylight.
4. Prices Stated on the Site
Stylight strives to ensure, but does not warrant, that the prices and other descriptions stated by Stylight in its Product Info, as defined in Section II, and displayed on the Site are current. However, by using this Site, the User acknowledges that prices are determined, and often changed, by Partner Shops and that actual purchase prices may vary from those listed on the Site. Users further acknowledge that in the event of a conflict between the price stated in Product Info on the Site and the price listed by a Partner Shop on its website, the purchase price of any product is the price listed by the Partner Shop. Users acknowledge that Stylight prices do not include sales tax. Sales tax will be determined by the shipping address of the order.
Users acknowledge that Stylight does not update Product Info, including prices, on the Site in real time. Users acknowledge that Stylight makes no representations about product availability, and that products displayed on the Site will remain available for purchase from a Partner Shop at the time of a User’s redirection to the Partner Shop’s website.
Users promise not to publish on the Site, including the Community areas, inaccurate information on products displayed on the Site and their pricing and availability.
5. Disclaimer of warranties
We try to keep Stylight functional, bug-free, and safe, but you use it at your own risk. USERS ACKNOWLEDGE AND AGREE THAT THEY ARE USING THE SERVICES AT THEIR OWN RISK.
THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND ON AN “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, Stylight AND ITS SHAREHOLDERS, SUBSIDARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, LICENSORS, OR OTHERWISE AUTHORIZED REPRESENTATIVES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITIONS, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM. Stylight DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE ACCESS TO THE SITE OR COMMUNICATIONS BETWEEN Stylight AND USERS WILL BE UNINTERRUPTED, PERMANENT, TIMELY, ERROR-FREE, BUG-FREE, VIRUS FREE, OR FREE OF OTHER HARMFUL COMPONENTS, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS, OMISSIONS, OR LOSS OF TRANSMITTED CONTENT. Stylight DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT, THE QUALITY, OR THE ACCURACY OF ADVERTISEMENTS OR OF ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THE PARTNER SHOPS IN CONNECTION WITH Stylight’S SERVICES.
Certain features, functionality, or content offered on or through the Site may be hosted, administered, run or otherwise participated in by third parties, including, but not limited to, our Partner Shops. These third parties may require that Users agree to their terms, conditions, contracts, agreements, or rules. Compliance with any such additional terms, conditions, contracts, agreements, or rules is solely the responsibility of Users and will have no effect on the continuing obligation of Users to comply with these Terms. Stylight expressly disclaims any and all liability in connection with the acts or omissions of such third parties.
6. Limitation of Liability
WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT ALLOWED BY FEDERAL, STATE, LOCAL, AND INTERNATIONAL LAW, IN NO EVENT SHALL Stylight OR ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, LICENSORS, OR OTHERWISE AUTHORIZED REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY
ARISING FROM OR IN ANY WAY CONNECTED TO:
Stylight is not responsible for incomplete, incorrect, lost, delayed, late, misdirected, garbled, damaged, illegible, undeliverable, or incompletely received communications or messaging between Stylight and Users for any reason, including by reason of hardware, software, browser, network, communications system failure, malfunction, delay, or congestion, or any incompatibility at our servers or elsewhere, or for any other technical problems, any form of active or passive filtering by a User’s computer, mobile or other device or access provider, insufficient space on User’s computer, mobile or other device or account, or any other cause or combination thereof.
Stylight shall not be liable to Users or any third parties for any direct, indirect, special, consequential, exemplary or punitive damages allegedly sustained arising out of these Terms, the Services, the Site, the Community, any sale or purchase made directly or indirectly through the site, use or misuse of any merchandise, products and/or services, including without limitation, content, User’s ability or inability to access, visit or use the Service, including damage to a user’s computer, mobile or other device, or for software disabling devices, time bombs, viruses, worms, bugs, or devices or defects of similar nature alleged to have been obtained from the service, a User’s access, visitation, and/or use of, or reliance on, the Service, or any of the merchandise, products, services and/or content available on or through the Services, regardless of the type of claim or the nature of the cause of action, even if Stylight is advised of the possibility of such damages. If you are a California resident, you waive California Civil Code § 1542, which says:
In no event shall Stylight pay any amount of damages to any User for any claim arising out of these Terms.
Stylight is not liable for any unauthorized acquisition of personal details of Users by third parties, such as by hackers.
USERS WARRANT TO USE THE CONTENT IN A LEGAL MANNER AND TO NEVER UPLOAD, PUBLISH OR DISSEMINATE THROUGH THE SITE THIRD-PARTY MATERIAL WITHOUT THE AUTHORIZATION OF SUCH THIRD PARTY, IN PARTICULAR, BUT WITHOUT LIMITATION, MATERIAL PROTECTED BY INTELLECTUAL PROPERTY LAWS, SUCH AS COPYRIGHTS AND TRADEMARKS, OR MATERIAL THAT WOULD VIOLATE COMPETITION LAWS, AND FURTHER WARRANT that they will not violate any applicable federal, state, or local law, civil or criminal, in connection with their use of the Site.
TO THE EXTENT PERMITTED BY LAW, Stylight’S LIABILITY AND THE LIABILITY OF THE USER SHALL BE LIMITED TO $100 AS LIQUIDATED DAMAGES REASONABLY ANTICIPATED TO COMPENSATE FOR DAMAGES INCURRED BY EITHER OF THE PARTIES OR THE AMOUNT YOU HAVE PAID Stylight IN THE PAST TWELVE (12) MONTHS, IN THE EVENT THAT THE LIMITATIONS OF LIABILITY PRECEDING THIS SENTENCE SHOULD FAIL.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THESE TERMS AND CONDITIONS ARE NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, Stylight’S LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.
7. Governing law and jurisdiction; Enforceability under law
This Agreement is subject to the laws of the State of New York, United States of America, excluding its conflict of laws rules. The Parties each hereby submit to the exclusive subject matter jurisdiction, exclusive personal jurisdiction and exclusive venue of the United States District Court for the Eastern District of Pennsylvania, specifically located in Philadelphia, Pennsylvania, for any disputes between the Parties under or arising out of this Agreement. If there is no jurisdiction in the United States District Court for the Eastern District of Pennsylvania, specifically located in Philadelphia, Pennsylvania, for any disputes between the Parties under or arising out of this Agreement, then the Parties hereby expressly agree that jurisdiction shall be in the state courts of Philadelphia County, Pennsylvania. The User and Stylight each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, representative or private attorney general action. If any part of these Terms is, for any reason, found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected and same shall remain in effect. The application of the United Nations Convention of Contracts for the International Sale of Good is expressly excluded.
THE PARTIES HEREBY WAIVE ANY RIGHT TO JURY TRIAL WITH RESPECT TO ANY ACTION BROUGHT IN CONNECTION WITH THIS AGREEMENT.
8. Indemnification and conduct
If anyone brings a claim against Stylight related to your actions, content or information on the Site, including the Community, you as the responsible User will indemnify, defend, and hold harmless Stylight from and against all claims, liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for User conduct, we do not control or direct Users’ actions on the Site, including the Community, and are not responsible for the content or information Users transmit or share on Stylight. Stylight is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information a User may encounter on the Site, including the Community. Stylight is not responsible for the conduct, whether online or offline, or any User of the site, including the Community.
When a User uses any Stylight Site, the Services, or the Community, or sends e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the Service or in the Community. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically (and without encryption) satisfy any legal requirement that such communications be in writing.
10. License and limitations
Subject to your compliance with these Terms and Conditions, Stylight grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Stylight Site, including the Community. This license does not include rights to: any resale or commercial use of the Stylight Site or any Stylight Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Stylight Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Stylight or its licensors, Partner Shops, Members, suppliers, publishers, rightsholders, or other content providers. No Stylight Services, nor any part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Stylight. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information, including images, text, page layout, or form, of Stylight without express written consent. You may not use any meta tags or any other hidden text utilizing Stylight’s name or trademarks without the express written consent of Stylight. You may not misuse the Stylight Services. You may use the Stylight Services only as permitted by law. The licenses granted by Stylight terminate if you do not comply with these Terms.
11. Export Controls
Software available in connection with Stylight’s Services and the transmission of applicable data, if any, is subject to the United States export control laws. No software may be downloaded from the Services or otherwise exported or re-exported in violation of the export control laws of the United States.
1. Stylight provides information to Users about the products and websites of its Partner Shops (“Product Info”) on the Site. This Product Info has been provided to Stylight by its Partner Shops. Stylight and the Partner Shops are independent contractors that have contracted at arm’s length with one another and are not partners, affiliates or joint venturers in a legal sense. Stylight and Partner Shops operate their respective businesses and websites independently at all times. The Partner Shops are solely responsible and liable for their products and services, and Stylight is solely responsible and liable for its services.
2. Stylight is not responsible for its Partner Shops’ websites or web content, nor any other third-party’s website or web content referred to (by link or otherwise) on the Site. Stylight’s display of Product Info does not constitute an endorsement of such products, the Partner Shops, or their websites.
3. Stylight reserves the right to modify how it displays Product Info and to add, delete, or suspend transmission of such Product Info through its Site at any time, with or without cause, and without prior notice to Users.
4. Products displayed or described within Product Info on the Site are Partner Shop products, not Stylight products. These Terms govern the use of the Services offered by Stylight and do not constitute terms or conditions imposed by Partner Shops on Users. Purchase of the products displayed within Product Info on the Site is a purchase from the Partner Shop and constitutes a transaction between the Partner Shop and the User alone.
5. If a User clicks on Product Info on the Site, the User will be redirected to the website of a Partner Shop offering the corresponding product. Before a User makes a purchase from the Partner Shop website, the User should verify information about the product to be purchased with the Partner Shop, including the purchase price and availability of the product.
6. Our search mechanism: Thousands of products out of a vast number of online shops in fashion, clothing, accessories, living, beauty and lifestyle can be browsed by our search function. Therefore, we capture the respective retailers’ range of products in our search index by product name, description, characteristics, category, and price. The index is updated each day so that you always get the latest offers. We compare your search term with all recorded data for a product range as wide as possible. We assess the results’ relevance and chronological order by certain criteria (e.g., an exact match before a similar match or a match in category before a match in description, etc.).
7. Stylight offers its Users an extraordinary shopping experience. Together with its Partner Shops, Stylight shows the latest styles and the best offers. In return, Partner Shops pay Stylight a fixed amount for each clickout or, in very few individual cases, a share of the sales value.
It is possible that the search result includes hits that match your search term in product name, type of product, description, characteristics, or category. Your search result can also include hints that only partially match your search word (e.g., search word ‘TOM’ – search result ‘TOMATE’). Search queries which consist of more than one word can lead to an offer where the terms don’t seem connected to the search word (e.g., search word: ‘jacket TOM’ – search result: products of the brand Tom and other retailers’ jackets).
For a search that is easy to handle, we use an auto-complete function (the “Function”). This Function provides Users suggestions during a search by predicting the rest of a word the User is typing. This Feature predicts brands, products, and categories that match or closely match the User’s search.
If you have any further questions to our product search mechanism, or have any related questions, concerns, or improvement suggestions, we will be pleased to hear from you. We may be contacted at [email protected].
1. Scope and Services
1.1 Stylight allows Member-Users who register through the Site free membership to the Stylight Community. Members acknowledge that they are also Users of the Site.
1.2 The following features (“Features”) are available to Members through the Community:
1.2.1 Members may create their own user profile (“Profile”) and add content to their Profile (such as name and gender).
1.2.3 Member may use the HEART symbol (“Hearts”) to add product items to the personal wish list and receive sales alerts for specific products, but only if the Member has subscribed to the Stylight newsletter.
1.3 Participation as a Member is free of charge, but Members acknowledge and accept responsibility for communications access charges they may incur through their communications providers.
2.1 During the registration process, Users may be asked to provide personal information, including full name, gender, email address, username, and password. Users are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer. They also agree to accept responsibility for all activities that occur under their account or password. Stylight, in its sole discretion, reserves the right to refuse service, terminate accounts, or remove or edit content.
2.4 Members should keep their passwords private. Except under a subpoena or other compelling directive by a court of law, Stylight will not disclose passwords to any third party. Stylight will not ask Members for their password except when the Member seeks access to the Site.
2.5 Stylight cannot and does not guarantee that any personal information provided by any Members about themselves is accurate. Members warrant to independently verify the accuracy of the displayed information about other Members and to not rely on the information displayed on the Site, including the Community and any Content.
3. Member Obligations
3.1 Members agree that they will not use the Community for their own commercial purposes or for any other non-personal use.
3.2 Members will not allow any third-party access to the Community through their Profile, regardless of whether such third party is a Member.
3.3 Members may delete their personal Stylight account through the account settings at any time.
4. Grant of Rights
Members grant Stylight and other Members the non-exclusive right to use their Member Content (such as name or gender) for the duration of membership.
5. Responsibility for Content
6. Infringement, Exclusion and Withdrawal from the Community
6.1 If a Member breaches any of these Terms, Stylight may, in its sole discretion and without prejudice to any other claims, exclude the Member from the Community, without prior notice and subsequent recourse, and suspend or block, at Stylight’s discretion, that Member’s profile and delete the account.
6.2 Any User or Member who believes that any Content infringes the rights of a third party, applicable laws or these Terms and Conditions, may provide a detailed description of the offending content by e-mail or postal mail to:
Alyssa Leccese, President
1900 Market Street
Philadelphia, PA 19103
7. Consent to Receive Newsletters
7.1 Each Member expressly consents to receiving the Stylight newsletter with articles about Partner Shops through its Profile or to its designated email address.
7.2 Each Member expressly consents to receiving a personalized newsletter from Stylight based on their Hearted articles or the information on their Profile, either through their Profile or to their designated email. However, no Member is required to consent to receiving newsletters, in which case they would merely maintain an active account.
To contact Stylight:
Alyssa Leccese, President
1900 Market Street
Philadelphia, PA 19103
Stylight is a corporation registered in the State of Delaware with corporate offices in Pennsylvania.
If you have a subpoena to serve on Stylight, please note that Stylight does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Stylight, preferably by mailing the subpoena to:
Alyssa Leccese, President
1900 Market Street
Philadelphia, PA 19103
Attn: Legal Department – Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; and IP address and complete time stamp for certain information.