Terms and Conditions Stylenest Ltd
Terms and Conditions of Website Use:
These terms shall govern the Stylenest network located at www.stylenest.co.uk and its related domains (“Site”). By registering, accessing, browsing and/or using the Site you acknowledge and agree to be bound by the Terms, which shall take effect immediately on your first use of the Site. If you do not agree to the terms please do not register, access, browse or use the Site.
Stylenest Ltd may change the terms from time-to-time. Please check the terms regularly for the posting of any updates or revisions. Your continued use of the Site constitutes acceptance of these updates or revisions. If you do not agree to these changes you should cease using the Site. Stylenest Ltd’s General Competition Terms and Conditions appear after section 9 of these terms.
1. COPYRIGHT AND OTHER RIGHTS
1.1. All copyright, trademarks, design rights and all other intellectual property rights (registered or unregistered) in and on the Site and all content located on the Site shall at all times remain vested in the Company or our licensors (which includes other users).
1.2. Stylenest Ltd grants you a limited, non-exclusive, revocable, non-transferable licence to use the Site content solely for personal use relating to your use of the Site. Except as expressly set out herein, neither you nor anyone acting on your behalf acquires any intellectual property rights relating to any Site content. Any rights not expressly granted within these terms are reserved.
1.3. You may not and agree not to assist or facilitate any third party to copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, transmit, distribute, broadcast, commercially exploit, create derivative works, make available to the public or otherwise use the Site content or Site in any way except for your personal, non-commercial use. Any other use of the Site content or Site requires prior written permission of Stylenest Ltd. If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.
1.4. Nothing in these Terms shall be construed as conferring any licence or right under any intellectual property right of Stylenest Ltd or any third party unless expressly stated.
1.5. The names, images and logos identifying Stylenest, its parent company, affiliated companies and their products and services are the copyright, design right or trademarks of Stylenest, its parent company or affiliated companies. Nothing in these Terms shall be construed as conferring any licence or right to use any trademark, design right or copyright of such parties.
1.6. By sharing any contribution(s) with us (including data, text, photo, message, posting, image, logo, attachment, hyperlink and all other content (collectively “Contribution(s)”)) to the Site, you agree and grant Stylenest Ltd and its sub-licensees, free of charge permission, to use the Contribution(s) in any way Stylenest Ltd wants (including modifying and adapting it for operational and editorial reasons) in connection with the operation of the Site and our business. The licence extends to copying, distributing, broadcasting or otherwise transmitting, adapting or editing the Contribution(s).
1.7. You agree and confirm that any Contribution(s) you provide or upload is original to you and does not infringe UK laws, copyright or other rights of any other person, or that you have the consents necessary to provide the Contribution(s) to Stylenest Ltd, including the consent of anyone who is identifiable in your Contribution(s) or the consent of their parent/guardian if they are under 16.
1.8. If you do not want to grant us the permission set out in these Terms, please do not share your Contribution(s) with us.
2. SYLENEST LTD RESPONSIBILITIES
2.1. Stylenest Ltd reserves the right to remove or edit any Contribution(s) which is found to be in breach of the Terms as set out herein.
2.2 Stylenest Ltd will endeavour to provide the Site using all reasonable care. The Site is provided “as is” and on an “as available basis” and to the extent permitted by law, Stylenest Ltd excludes all implied warranties as to quality, accuracy, fitness for purpose and makes no guarantee, representation or warranty: (i) with respect to the Site or your use of the Site, (ii) that the Site will be accessible, useable, uninterrupted, timely, secure or free of errors, viruses or bugs , (iii) to the accuracy, timing or reliability of any information, opinion, advice, Contribution(s) or statements contained herein, or (iv) that the Site is compatible with any software of material.
2.3 You acknowledge that Stylenest Ltd does not endorse the accuracy, integrity, copyright, compliance, legality, quality or decency of any Contribution(s). Users (including Stylenest representatives) may respond to or comment upon Contribution(s), such comments do not necessarily represent the views or opinions of Stylenest Ltd.
2.4 If you have any claim arising from the actions or statements of another user, you agree to pursue such a claim only against that user and not Stylenest Ltd.
2.5 Stylenest Ltd shall not accept responsibility or liability for any damage, loss, injury, disappointment suffered as a result of: (i) your use of (or inability to use) the Site, (ii) any changes Stylenest Ltd makes to the Site, (iii) any permanent or temporary cessation in the provision of the Site (or any feature within the Site), or (iv) the deletion, corruption or failure to store any Contribution(s) and any other communications data maintained or transmitted through your use of the Site, (v) the performance of the Site.
2.6 Stylenest Ltd will not be liable for the following losses or damage, regardless of the form of action for: (i) loss of use of the Site, (ii) damage to equipment or other software, (iii) loss of data, (iv) loss of revenue or anticipated profits, (v) loss of opportunity, (vi) loss of goodwill or injury to reputation, (vii) losses suffered by third parties or (viii) for any indirect, special, exemplary or consequential damages. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury resulting from the negligence of us, our servants, agents or employees.
3. YOUR USE OF THE SITE
3.1 Stylenest Ltd insists that any use by you of the Site shall be in accordance with the following conditions:
(i) If you are a child or a young person under the age of 16, you are required to obtain your parent’s or guardian’s permission before using the Site. Parents or guardians who wish to allow their children to access to the Site should supervise their access to the Site, as their legal guardian it is your responsibility to determine whether any of the Site is appropriate for your child.
(ii) You are responsible for all activities undertaken by you using any service provided by us, including access to materials on the internet (whether it is a password protected site or not) and use of the email. All activities are at your own risk.
(iii) You will not use the Site or any other services provided through the Site in a manner or for a purpose contrary to these Terms.
(iv) You are responsible for all activities under your password or account, and you will keep your password confidential. You will immediately notify us of any unauthorised use of your password or account or any other breach of security. You will not disrupt the functioning of the Site, solicit or use another user’s password or otherwise act in a way that interferes with other users’ use of the Site.
3.2 You agree you will not: (i) defame, threaten, stalk, abuse, harm or otherwise harass other users; (ii) use the Site in any manner which could damage, disable, overburden or impair the Site (or the networks connected to such site or services) or interfere with any other party’s use and enjoyment of the Site; (iii) attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means; (iv) obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Site; (v) register more than one user account, or register for a user account on someone else’s behalf or on behalf of any group or entity; (vi) post, publish, modify, transmit, communicate, reproduce, or distribute in any way, information, software or other materials or tools designed for compromising the security of the Site or our network; (vii) advertise or offer to sell or buy any goods or services for any business purpose, unless such service specifically permitted by Stylenest Ltd; (viii) download any file posted by another user that you know, or reasonably should know, should not or cannot be legally distributed in such manner; (ix) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material or otherwise disguise the origin of such material; or (x) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or create a false identity to mislead others.
3.3 You agree you will not upload, publish, post, communicate, transmit or otherwise make available any material (including but not limited to Contribution(s)): (i) for any unlawful purpose or in any unlawful way; (ii) which may encourage criminal conduct; (iii) which is or contains unsolicited, unauthorised advertising, promotional materials with surveys, contests, “pyramid schemes”, “chain letters”, “junk mail”, “spam” or any other form of duplicative or unsolicited communications (commercial or otherwise); (iv) which is inappropriate, profane, infringing, fraudulent, hateful, obscene, indecent, unlawful, racially, ethnically or otherwise objectionable or offensive; (v) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (including Trojan horses, worms, time bombs, cancelbots or corrupted files) or interfere with or expropriate any system data or personal information; (vi) that is harmful or pornographic or which would violate or infringe in any way upon the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience; or (vii) that refers to third parties by name.
3.4 Should Stylenest Ltd become aware of any activity that would be contrary to the Terms or determine in their sole discretion to be unacceptable, then Stylenest Ltd reserves the right to take action including temporary or permanent removal of content, filtering of internet transmissions and/or to exclude the User with immediate effect and, where necessary, to forward any incriminating material in its possession to the UK police or other relevant authorities.
3.5 You accept that Stylenest Ltd may keep a record of your IP and/or host address for reference purposes only (in order to keep a track on the amount of visitors per day). In the event of any breach of these Terms, Stylenest Ltd may view and add your IP and/or host address to an ‘excluded database’ to prevent you gaining further access to the website service. These addresses may be distributed or given out to any third party services.
4. OTHER PARTY’S PRODUCTS AND SERVICES AND LINKS
4.3 You acknowledge and agree that Stylenest Ltd is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any content, advertising, products, services or information on or available from such websites or resources.
4.4 You acknowledge and agree that Stylenest Ltd is not responsible for the availability of those external sites or resources and does not endorse any advertising, products or other products or materials on or available from such website or resources.
4.5 Stylenest Ltd disclaims all liability for any legal or other consequences (including infringement of third party rights) of links made to the Site.
4.6 Links do not imply that Stylenest Ltd is legally authorised to use any trademark, trade name, logo or copyright displayed in and accessible through the links or that any linked website is authorised to use any trademark, logo or copyright of Stylenest Ltd. Stylenest Ltd reserves the right to request that any links you create are removed at any time and you agree to comply with any request.
4.7 This Site may contain or refer to third party sources of information, articles, photographs, text, graphics, pictures, designs, music, video, applications, hardware, software, products or services owned by or originating from third parties (“Third Party Products and Services”). Stylenest Ltd provides Third Party Products and Services and information to you only as a convenience and any reference to Third Party Products and Services does not imply an endorsement or association with the third party in any way. Your use of Third Party Products and Services shall be governed by and subject to you agreeing to the terms of separate licenses and other agreements except where such Third Party Products or Services are covered by license or other agreement with Stylenest Ltd.
4.8 Installation or use of Third Party Products and Services with Stylenest Ltd’s products and services may require one or more patent, trademark, copyright or other licenses in order to avoid infringement or violation of third party rights. You are solely responsible for determining whether to use Third Party Products and Services and if any third party licenses are required to do so. If required, you are responsible for acquiring them. You should not install or use Third Party Products and Services until all necessary licenses have been acquired. Any Third Party Products and Services that are provided with Stylenest Ltd’s products and services are provided as a convenience to you and are provided “AS IS” with no express or implied conditions, endorsements, guarantees, representations or warranties of any kind by Stylenest Ltd and Stylenest Ltd assumes no liability whatsoever, in relation thereto. Prior to subscribing for, installing or using any Third Party Products and Services it is your responsibility to ensure that your service provider has agreed to support all of the features of the Third Party Products and Services.
4.9 Any dealings with third parties conducted through the Site or linked websites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. Stylenest Ltd shall not be responsible or liable for any part of any such dealings.
5.1 You hereby agree to indemnify Stylenest Ltd, its employees, representatives, from any and all claims, liability, damages, costs and expenses (including legal fees) which arise from: (i) your statements, Contribution(s) or any other submissions to or through the Site; (ii) your use or misuse of the Site; (iii) your violation of third party rights; (iv) any other liabilities arising out of your use of the Site; or (v) any breach of the Terms.
6. OUR PROMOTIONS & COMPETITIONS
6.1 From time to time, Stylenest Ltd may include competitions, free draws, instant wins, promotions or other offers on the Site (“Promotion(s)”). All Promotions shall be subject to Stylenest Ltd’s General Competition Terms. Further, each Promotion may be subject to its own express terms and entry requirements which shall feature on or around the entry page of the specific promotion.
7.1 Stylenest Ltd shall comply with all applicable UK data protection legislation in place from time-to-time in respect of any personal information relation to you gathered by Stylenest Ltd.
8.1 Please remember posting your name, contact information or any other personal information on the Site places such information in the public domain. Always use caution when giving out information. We advise that you do not reveal any information about yourself or anyone else (for example: full name, telephone number, postal address, email address, home address or any other details that allow you to be personally identified) on the Site.
9.1 In the event that any part of these Terms is held to be invalid or unenforceable such provision(s) shall be severed and deleted from these Terms and the remainder thereof shall remain intact and continue to have full force and effect.
9.2 These Terms form the entire agreement between you and Stylenest Ltd and supersede any other oral or written communications, agreements or representations regarding your use of the Site.
9.3 The Site is intended only to be accessed from the United Kingdom. Stylenest Ltd makes no representation that the Site content is appropriate or available for use at other locations and access them from other territories where their contents are illegal or strictly prohibited. If you access the Site and you are outside of the United Kingdom you are responsible for compliance with local laws.
9.4 You agree that Stylenest Ltd reserves the right at all times to disclose any information it deems necessary to satisfy any domestic or foreign applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information, Contribution(s) or materials, in whole or in part.
9.5 Nothing in these Terms shall restrict or exclude any liability that Stylenest Ltd has to any party which cannot be excluded by law.
9.6 These Terms shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.
10. ADVERTISING WITH US
10.1 When entering into an advertising agreement with us, you are agreeing to advertise with Stylenest Ltd, on Stylenest.co.uk.
10.2 Any invoice received from Stylenest Ltd for advertising services is due immediately. Time given to pay is discretionary only.
10.3 If payment is not made for advertising services, legal action may be taken and any posted content may be removed.
10.4 Although advertisers may pay in a currency other than GBP, Stylenest Ltd works in GBP and may demand the difference between the amount invoiced and the amount received in the event there is a currency discrepancy.