Effective: September 15, 2014
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY Wardrobe Icons.com., ITS SUBSIDIARIES, OR ITS AFFILIATES (COLLECTIVELY, “Wardrobe Icons,” “WE,” OR “US”). BY ACCESSING OR USING THE WEBSITE (AS DEFINED BELOW) OR THE SERVICES (AS DEFINED BELOW) IN ANY MANNER, YOU AS AN INDIVIDUAL OR AS A SINGLE USER ON BEHALF OF THE ENTITY OR COMPANY THAT YOU REPRESENT (“YOU” OR “YOUR” AS APPLICABLE) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY, AND A PARTY TO, THE TERMS AND CONDITIONS IN THIS TERMS OF SERVICE (“AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU WILL HAVE NO RIGHT TO USE THE SERVICES. USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.
ACCESS TO THE SERVICES. The Icon Update lifestyle, fashion, beauty and The Icons shopping network, websites, domain names and any other linked and related pages, features, content, products, application services (including without limitation any mobile applications services) and other goods and/or services offered, owned or operated by Wardrobe Icons in connection therewith, are offered to you solely for your own use, and not for the use or benefit of any third party (collectively, the “Services”). The term “Services” shall include, without limitation, use of the Wardrobe Icons network websites and any goods or services Wardrobe Icons performs for you and the content, software, tools, and features offered by Wardrobe Icons on the Wardrobe Icons network (including, without limitation the Video Player (as defined below)). Wardrobe Icons may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (as defined below). Wardrobe Icons may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Wardrobe Icons RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE Wardrobe Icons WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. USE OF THE SERVICES BY YOU FOLLOWING SUCH NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED.
Wardrobe Icons does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Wardrobe Icons or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at Wardrobe Icons.
You represent and warrant to Wardrobe Icons that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
The Services are offered by Wardrobe Icons from its facilities in the United States of America. Wardrobe Icons makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
WEBSITE AND SERVICES CONTENT. The Services, and their contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing byWardrobe Icons in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations and video (also known as the “Content,” and which includes User Submissions (as defined below)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or User Submissions or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Services are protected by copyright as collective works and/or compilations, pursuant to U.K. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Services for download, for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Wardrobe Icons, or from the copyright holder identified in such Content’s copyright notice.
In the course of using the Services to submit content to Wardrobe Icons for publication via our Wardrobe Icons Select Program, you agree that Wardrobe Icons reserves the exclusive right to choose what statements or other content that you create or post in relation to the products, coupons, information, or other materials, including without limitation, any recipes, tips, reviews, suggestions, images, audio content, or video content (collectively also, “Content”) to publish or not publish and are not obligated to provide you with a reason for rejecting your submitted content. In addition, while we are under no obligation to do so, once published, we reserve the right to remove and permanently delete the Content without notice, and for any reason we deem sufficient. The Content you submit must be your original Content and never before published by you or any third party. For any editorial Content you submit that is accepted by the Wardrobe Icons Select Team, you agree not to publish the Content on any other site unless we specify to you in writing that you may publish the Content on your own blog or website. You may, however, link to the Content on Wardrobe Icons.com from your site or other sites, including, but not limited to any required promotion on various social media channels as part of the Wardrobe Icons Select Program. By doing so, you also agree to comply with all applicable social media sites’ and other online/mobile service policies, terms and procedures, including but not limited to those of Facebook, Twitter, and Pinterest as it relates to the promotion of the Content. In submitting your Content via Wardrobe Icons Select, you are granting Wardrobe Icons an exclusive, perpetual, worldwide, royalty-free, transferable, license and right to use the content however we wish, including the right to sublicense this content, should we choose to accept your submission, so long as we give you writer’s credit.
By participating in the Wardrobe Icons Select Program, you also agree that Wardrobe Icons and any of its sublicensees have the right to link to, independently re-publish (in whole or in part), or otherwise use the Content. You also agree that Wardrobe Icons and any of its sublicensees are free to attribute the Content to you, your website, or your blog, and use your appearance, name, likeness in connection with the marketing and advertising of the blog materials for all institutional and historical purposes. If your Content includes references to, or images of, third parties (i.e., someone other than you) or other performances or content provided by third parties, including copyrights (including without limitation, copyrighted images or footage), trademarks or rights of privacy or publicity, you agree that you have all necessary permissions from these third parties to permit Wardrobe Icons and/or any of its partners to use and display the Content, including releases from all persons appearing in the photograph, location releases for all recognisable locations, and releases from anyone who assisted in the creation of the photograph. You must be able to provide all appropriate clearances, permissions and releases from anyone who assisted in the creation of such images or other content you submit. In the event you cannot provide all required releases, we reserve the right, in our sole discretion, to disqualify the applicable submission or seek to secure the releases and clearances for our own benefit.
As part of the Wardrobe Icons Select Program, you agree that should you accept a retail product, other good from a manufacturer, promoter, or any individual or entity representing such product with the expectation that you will review or comment upon such product that such review or any statements made by you regarding such product will be true, accurate, and based on your personal experience. The foregoing also applies in instances where you may be asked to write about a specific theme on behalf of a specific advertising sponsor. You also understand and agree that you are solely responsible for, and may be liable for, any false or misleading claims you make about the product or other good, its manufacturer or promoter, and that you will review and adhere to any particular restrictions or guidelines regarding product reviews and content guidelines that are set forth by Wardrobe Icons and/or Wardrobe Icons’s advertising partners. Finally, when promoting your Wardrobe Icons Select content submission, you must clearly and conspicuously disclose, as applicable, the type and extent of your connection to the product manufacturer or promoter and whether you have received or will receive compensation (or some other benefit) in exchange for your statements.
Under no circumstances will Wardrobe Icons be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that Wardrobe Icons does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee. Wardrobe Icons shall have no obligation to monitor any User Submissions, however, Wardrobe Icons and its agents reserve the right to monitor User Submissions from time to time and may remove or block any User Submissions on or accessible through the Services, including disabling access to User Submissions that you have downloaded through the Services.
You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by Wardrobe Icons in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
While Wardrobe Icons shall have no obligation and assumes no responsibility for monitoring the Services for inappropriate Content or conduct of its users, Wardrobe Icons reserves the right to monitor, block or remove Content for any or no reason without notice to you, including Content that in the sole judgment and discretion of Wardrobe Icons, violates the terms of this Agreement, or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. If at any time Wardrobe Icons chooses, in its sole discretion, to monitor the Services, Wardrobe Icons nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content. You are solely responsible for the Content that you post on or through the Services, any material or information that you transmit to other users and for any interactions with other users.
Wardrobe Icons reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that Wardrobe Icons deems in its sole discretion to be an illegal or unauthorized use of the Services. Wardrobe Icons will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.
RESTRICTIONS. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Wardrobe Icons user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services or that otherwise interfere with the proper working of or place an unreasonable load on the Services infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page or Content of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the Services.
WARRANTY DISCLAIMERS. Wardrobe Icons has no special relationship with or fiduciary duty to you. You acknowledge that Wardrobe Icons has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Wardrobe Icons from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Wardrobe Icons makes no representations concerning any content contained in or accessed through the Services, and Wardrobe Icons will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Wardrobe Icons makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services), or that the Services or any Content will be uninterrupted or error-free. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Wardrobe Icons or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH Wardrobe Icons, APPLICATIONS AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY. You will indemnify and hold Wardrobe Icons, its parents, subsidiaries, affiliates, officers and employees, harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL Wardrobe Icons OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO Wardrobe Icons OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR ; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND Wardrobe Icons’ REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
FEES AND PAYMENT.
- Wardrobe Icons displays suggested retail prices for goods offered based on pricing information provided by vendors, retailers and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the Wardrobe Icons website.
Your interactions with organizations and/or individuals found on or through the Service (including without limitation Merchants (as that term is defined in the Terms of Sale)), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Wardrobe Icons shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Wardrobe Icons is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Wardrobe Icons, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.
TERMINATION. This Agreement shall remain in full force and effect while you use the Services (or any part of the Services). You may terminate your use of the Services or your membership at any time by following the instructions on the Services. Wardrobe Icons may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Wardrobe Icons may also terminate or suspend any and all Services or your access thereto immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to access and use the Services and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
ARBITRATION AND MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Wardrobe Icons shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Wardrobe Icons’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Wardrobe Icons’ prior written consent. Wardrobe Icons may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.