TERMS OF USE
Acceptance of Terms
These Terms of Use govern your use
of the applications, games, and other services (collectively the
“Service”) available on, or offered by, StylezSoft (“StylezSoft”
or “we”) on Facebook (“Social Networking Site”) or any mobile
device. These Terms of Use apply to all users of the Service,
including users who are also contributors of content, information and
other materials to the Service. Any access, browsing or use of
the Service constitutes your agreement to follow and be bound by
these Terms of Use without modification, and all other operating
rules, policies and procedures that may be published from time to
time by StylezSoft. If
you do not agree to these Terms of Use, you are not permitted to
access, browse or use the Service. The Terms of
Use are personal to you, and are not assignable, transferable or
sub-licensable by you.
Changes to the Terms of Use
We reserve the right, at our
discretion, to update or revise these Terms of Use at any time. We
will post such changes to these Terms of Use, and these additional or
revised terms will become part of the agreement. Please check
this Terms of Use document periodically for changes. Your continued
use of the Service constitutes your binding acceptance of these Terms
of Use, including any changes or modifications made by StylezSoft as
referenced above.
Using or Accessing the StylezSoft
Service
Affirmative action is required to use or access the Service. Your
use or access of the Service, however, shall not impose any duty on
StylezSoft to provide you any particular service or access to any
Service.
You agree that you (a) have provided
true, accurate, current, and complete information to the Social
Networking Site and StylezSoft in connection with any use or access
of the Service; and (b) will maintain and update this information to
keep it true, accurate, current, and complete. We reserve the
right to terminate your access to the Service in the event we learn
or believe any information provided may be false, inaccurate, not
current, or incomplete.
If any unauthorized person obtains access to the Service as a
result of any act or omission by you, you shall use your best efforts
to ascertain the source and manner of acquisition and shall fully and
promptly brief us. You shall otherwise cooperate and assist in any
investigation relating to any such unauthorized access.
Service is made available only to
users thirteen (13) years of age or older, consistent with the
policies of the Social Networking Site and these Terms of Use.
StylezSoft's use of the information
provided in connection with the Service or by the Social Networking
Site will be used solely in connection with the operation of the
Service and consistent with the Privacy Policy set forth below.
Content
Although the Service has been
compiled in good faith, no representation is made as to the
completeness or accuracy of the information it contains. The
information contained on the Service may be incomplete, may contain
errors, or become out-of-date. StylezSoft makes no commitment and
expressly disclaims any duty to update any of the content on the
Service. StylezSoft reserves the right to add, modify, or delete any
information on the Service at any time.
Limitations on Your Use
You agree to abide by all applicable
local, state, national, and international laws and regulations in
using the Service, and not to use the Service for any purpose that is
prohibited by the Terms of Use. You agree not: to (a) use Service for
illegal purposes; (b) use Service in any manner which violates the
rights of a third party, including without limitation intellectual
property rights; (c) use the Service to post or otherwise communicate
material which is unlawful, harassing, libelous, privacy invading,
abusive, threatening, harmful, vulgar, pornographic, obscene,
indecent, confidential, proprietary or otherwise objectionable, (d)
use the Service for any commercial purpose; (e) post any links to any
external Internet website that are obscene or pornographic or to post
or otherwise communicate commercial advertisements, chain letters,
pyramid schemes, encoded binary files, job offers or listings or
personal ads; (f) use Service to provide materials which
contain viruses or other contaminating or destructive features; (g)
impersonates any person or entity, including any employee or
representative of a third party; (h) cheat or copy in any form with
respect to any Services offered; or (h) create an account or provide
any other information under false pretenses, with false or incomplete
information, or to mislead others.
Additionally, you shall not:
(a) take any action that imposes or may impose (as determined by
StylezSoft in its sole discretion) an unreasonable or
disproportionately large load on StylezSoft’s (or its third party
providers’) infrastructure; (b) interfere or attempt to interfere
with the proper working of the Service or any activities conducted in
connection with the Service; (c) bypass any measures StylezSoft may
use to prevent or restrict access to the Service; or (d) provide any
information, including but not limited to email addresses or
telephone numbers of friends, if you do not own or have permission to
use.
The Service is provided only for
your own personal use.
Your Agreement to User Conduct
Rules and Regulations
StylezSoft is not responsible for
reviewing or authorizing content and materials freely posted in
publicly accessible, interactive areas of the Service, such as Chat,
Message Boards, and Profiles. Acceptance of StylezSoft's Terms of Use
constitutes your agreement to abide by any Conduct Rules or
Regulations posted, as well as the restrictions and responsibilities
outlined in these terms of use. You agree to take full responsibility
and liability for the accuracy and appropriateness of any of your
posted content, and any consequences that may arise from posting in
public areas of the Service.
You may create, submit, post,
display, transmit content or other material using the Service (“User
Content”). StylezSoft reserves the right in its sole
discretion to delete, move, or edit any User Content that it may
determine, in its sole discretion, violates these Terms of Use or is
otherwise unacceptable. StylezSoft may delete, edit, or reject User
Content at any time for any reason without notice to you. In
particular, StylezSoft reserves the right to remove content at the
request of a third party copyright or other intellectual property
owner. Any User Content you transmit or post using the Service
will be treated as non-confidential and non-proprietary.
You agree and warrant that your User
Content is wholly original to you and you exclusively own all the
rights to or have all rights to use your User Content. You
further agree that by using the Service, you grant StylezSoft the
right to convert, copy, display, edit, make derivative works,
disclose, sell, sublicense, store, distribute, or otherwise use your
User Content in any manner and in all forms or formats available now
or in the future without any compensation to you or any other
agreement. You represent and warrant that you are authorized to grant
all rights set forth in the preceding sentences.
StylezSoft will not be held liable
for any damages of any kind, including, but not limited to, direct,
indirect, incidental, punitive, and consequential damages (a) related
to its use or rejection of any User Content; (b) arising from the use
of the public posting areas of this Service or using the Service.;
and (c) related to your viewing of any content using the Service that
you may find offensive.
Indemnification
Your use of the Service constitutes
your agreement to defend, indemnify, and hold harmless StylezSoft and
its affiliated entities, and their employees, contractors, officers,
directors, agents and representatives, from any claim or demand,
including reasonable attorneys' fees, arising out of your use or
misuse of the Service or the use or misuse of contents of the Service
by a third party even if using your password. This
Indemnification section of the Terms of Service survives termination
of your account with the Service or your use of the Service.
Termination and Modification of
the Service
These Terms of Use are effective
until terminated. You agree that StylezSoft may terminate your access
to the Service at any time for any reason without prior notice or
liability. StylezSoft may change, suspend, modify or discontinue all
or any aspect of the Service at any time, including the availability
of any feature or game, without prior notice or liability. If
you wish to terminate your access to the Service, you may simply
discontinue using the Service.
Use of the Service on Mobile
Devices
Use of the Service on mobile devices
may prompt you to use services such as sending a SMS invite or
message to a friend that will incur charges from your mobile carrier
that will cost you additional money, since standard carrier rates may
apply for your use of such features like SMS. In such cases, the
Service will attempt to remind you prior to any messages being sent
out of the possibility of additional charges. Your decision to use
such services like SMS or email are not the responsibility of the
Service and any such charges you may incur are not the responsibility
of, and not reimbursable by, the Service.
In addition, any
purchases made via in-app purchases on mobile devices are final and
non-refundable.
Third Party Web Site Services,
Links, Advertisements and Offers
The Service may contain links to
other World Wide Web Internet sites. The Service also may utilize
third party services, advertisements, offers and payment systems.
StylezSoft is not responsible for these third party products,
services or their contents. The inclusion of such a link does not
imply endorsement of the Service or its contents or any association
with its operators. StylezSoft is not responsible for the accuracy,
copyright compliance, legality, decency, or appropriateness of the
content, nor the advertising, products, or other materials on such
sites. Under no circumstances shall StylezSoft be held responsible or
liable, directly or indirectly, for any loss or damages caused or
alleged to have been caused by use of or reliance on any content,
goods, or services available from third parties. Any concerns
regarding any third-party website should be directed to its
respective site administrator or webmaster.
Limitations on Liability
StylezSoft
PROVIDES THE SERVICE "AS IS" AND DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT
LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION,
CONTENT, GAMES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICE OR
AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.
StylezSoft AND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS,
EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (a) THE
SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; (b) ANY DEFECTS OR ERRORS WILL BE CORRECTED: (c) ANY
CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE
SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU
ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER
MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICE,
INCLUDING ALL SMS MESSAGES AND EMAILS SENT AND ANY CHARGES INCURRED.
StylezSoft SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE
INFORMATION CONTAINED IN OR THE GAMES ON THE SERVICE, OR FOR DELAYS
OR OMISSIONS THEREIN. NOR SHALL StylezSoft, ITS AFFILIATES AND EACH
OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE
FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT
LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL
DAMAGES. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT THE MAXIMUM
LIABILITY OF StylezSoft IN CONNECTION WITH OR ARISING FROM ANY USE OF
THE SERVICE, INCLUDING ANY APPLICATIONS OR GAMES, SHALL BE LIMITED TO
$200 IN THE AGGREGATE PER USER.
SOME STATES DO NOT ALLOW
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR
INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF StylezSoft SHALL BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Our Intellectual Property
You acknowledge and agree that all
content, design elements, and materials available on this Service are
protected by copyrights, trademarks, service marks, patents, trade
secrets, or other proprietary rights and laws. No materials
from this Service may be copied, reproduced, modified, republished,
uploaded, posted, transmitted or distributed in any form or for any
means without our prior written permission. Furthermore, you
agree to not sell, license, rent, or create derivative works from
such materials or content. Systematic retrieval of content from
the Service to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written
permission from us is strictly prohibited.
All rights not
expressly granted herein are reserved. Any unauthorized use of
the materials appearing on the Service may violate copyright,
trademark and other applicable laws.
Except as provided below,
StylezSoft and its affiliates and licensors retain all right, title
and interest in and to the Service, excluding your User Content
("StylezSoft Intellectual Property"). You may not modify,
publish, transmit, transfer or sell, reproduce, create derivative
works from, distribute, perform, link, display, or in any way exploit
the StylezSoft Intellectual Property, in whole or in party, except as
expressly permitted in these Terms of Use or with the prior written
consent of StylezSoft. You agree to use the Service only in
accordance with these Terms of Use. You agree not to
disassemble, decompile or reverse-engineer any software or other
component of the StylezSoft website.
Please be advised that
any information related to the Service including but not limited to,
game scores and player rankings, are the property of StylezSoft by
operation of these Terms of Use. StylezSoft reserves the right
to display, modify, distribute, reproduce, use for promotional
purposes, or delete any of this information at any time and for any
reason without notice. Further, as the sole owner of all such
content, feedback, opinions, and strategies, StylezSoft may elect to
utilize such information and to make changes or improvements based on
that information without any payment or consideration of any kind to
any party who provides information.
Service Administration and Rules
for Game Scoring, Virtual Currency, Virtual Goods and Other Virtual
Materials
The Service may include the award or
your purchase of points, scoring, virtual currency, virtual goods or
others items during your participation in games or other programs
(“Game Values”). Game Values are not transferable or
eligible for any type of in-kind or cash reimbursement. Game
Values have no in-kind or cash value and are solely for the purposes
of the Service including any games. If your account with the
Service is terminated for any reason including if StylezSoft
terminates the game, your Game Values or any other feature of the
Service will no longer exist and are void. StylezSoft may in
its sole discretion provide for the transfer of Game Values or any
other feature of the Service to another StylezSoft game or
application.
You have no right to transfer any
Game Values except as specifically authorized within the Service
under rules established by StylezSoft for the Service. You
agree not to buy, sell or otherwise exchange compensation for Game
Values except during your active use of the Service in authorized
game or program transactions in accordance with specific game or
applications rules.
StylezSoft in its sole discretion
and authority may modify, eliminate, change or otherwise use your
Game Values or other features of the Service for any purpose without
notice to you. If we exercise this right, StylezSoft is not
obligated to compensate you in any manner and will not be liable for
any form of damages for such actions.
You purchase of Game Values or any
other feature of the Service for use with the Service will not be
refunded or exchanged for any reason. Such purchases are final
on initial purchase.
Disputes with Users of the
Service
StylezSoft is not obligated to
investigate, monitor, mediate or resolve any dispute you may have
with another user of the Service although we may undertake such
action in its sole discretion. In the event of a dispute with
another user of the Service, you agree (a) to indemnify us from any
liability and (b) that we will not be liable, for any type of damages
or for any type of claim or demand arising out of or related to any
dispute you may have with any other user of the Service.
International Use
StylezSoft makes no representation
that the Service is appropriate or available for use in locations
outside the United States, and accessing the Service from
jurisdictions where the Service is illegal in any way is prohibited.
Recognizing the global nature of the Internet, you agree to comply
with all applicable local rules and regulations regarding your online
conduct. The Service is controlled and operated by our service
provider from offices within the United States. We make no
representation that the content available at or through the Service
or any other program or service offered on or through the Service is
appropriate or available for use in other locations, and access to
them from territories where the content may be illegal is prohibited.
Those who choose to access the Service from other locations do so at
their own initiative and risk. By using the Service, you expressly
agree that any data you may submit will be collected and stored in
servers located within the United States.
Relationship
of You and Us When You Use Our Service
No agency, partnership, joint
venture, or employment relationship is created as a result of these
Terms of Use. Neither party has any authority of any kind to
bind the other in any respect. We reserve the right to tweak
user flows, game plays, prices of items, etc as we see fit to create
the best user experience. We may also discontinue support of an
application or game at any time due to resource restrictions.