Last updated on April 18, 2011
YouLookFab.com is a website where fashion lovers can get style advice and discuss fashion with other Members of the Site. The YLF service (“Service”) includes the website at http://youlookfab.com (“Site”) and the Site’s focus is to provide individuals with a forum to discuss fashion, get fashion advice as well as shop for fashion through the Site.
1. Acceptance Triggered By Use.
2. Modification of the Terms of Service.
YLF reserves the right, at its sole discretion, to modify, delete, add or modify this Agreement at any time without notice and such modification shall be effective upon posting by YLF on the Site. If YLF modifies, deletes, adds or changes this Agreement, YLF will post the changes on this web page and indicate at the top of the web page the date of last revision of this Agreement. Your continued use of the Service as well as accessing the Site after YLF posts a revised Agreement signifies your acceptance of the revised Agreement. As a result, it is important that you review this Agreement regularly and you may review the current Terms of Service Agreement at any time at http://youlookfab.com/backstage/policies/terms-of-service/.
Use of the Site and registration to be a Member of the Site is void where prohibited. By using the Service or the Site, you represent and warrant that: (a) you agree to provide accurate and truthful information, including your first and last name and age, when registering as a Member; (b) you agree to maintain the accuracy of such information and keep your account information confidential; and (c) your use of the Site or Service does not violate any law or regulation of the city, state, county or country were you reside.
You may not impersonate any person or entity or otherwise misrepresent your identity in your profile. In addition, you may not misrepresent your age or your affiliation with any person or entity. If you provide any information in your profile that is untruthful or inaccurate, or YLF has reasonable grounds to suspect that information is untruthful or inaccurate, YLF may suspend or terminate your privileges with respect to the Site.
4. Account Security.
Your membership is solely for your individual use and you will not authorize others to use your account, profile, or messages. You are solely responsible for all use of your account including, but not limited to, content published, messages sent or posted, and interactions with other members, whether or not you have authorized such activities. You have an obligation to inform us immediately upon learning of a security breach that relates to your account or a third party’s improper use of the Site or Service.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Site, Service or as long as you are a Member. You may cancel your membership at any time for any reason by following the instructions on your Member account settings page. We may cancel, suspend, or block your access to the Service at any time, with immediate effect. This may be without cause and without notice. Once the Service is cancelled, you will no longer be able to access or retrieve any data you had stored on the Site.
6. Monitoring and Disclosure.
We may monitor your communications and may disclose content and information about you, including content contained within your communications, if we deem it reasonably necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with this Agreement; or (3) protect the rights, property, personal safety or interests of YLF, its employees, its members, or the public.
7. Member Contributions to the Site.
7.1 Sole Responsibility for Member Content. YLF provides members with the opportunity to contribute to the Site. You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that you upload, publish or display (hereinafter, “post”) on the Site or otherwise submit to YLF (collectively, “Member Content”), whether publicly posted or privately transmitted, are the sole responsibility of you or other members posting or transmitting such Member Content. This means that you, and not YLF, are entirely responsible for all Member Content that you upload, post, email, or otherwise transmit via the Site. You must ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any Member Content via the Site. You may not post, transmit, or share Member Content on the Site or Service that you did not create or that you do not have permission to post.
7.2 No Obligation to Pre-Screen. YLF is under no obligation to and does not pre-screen any Member Content posted via the Site or sent to another member. As a result, YLF does not guarantee the accuracy, integrity, appropriateness, or quality of such Member Content. The Member Content posted by users or other third parties does not necessarily represent the views or opinions of YLF and under no circumstances will YLF be liable in any way for any Member Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any Member Content posted, emailed, or otherwise transmitted via the Site. YLF may remove any Member Content at any time at its sole discretion, including Member Content that in the sole judgment of YLF violates 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. As a result, you are solely responsible at your sole cost and expense for creating backup copies and replacing any Member Content you post or store on the Site or provide to YLF.
7.3 YLF’s Use of Member Content. When you post your Member Content to the Site, you authorize and direct YLF to make such copies as YLF deems necessary, to facilitate the posting and storage of the Member Content on the Site. In addition, with respect to Member Content that you elect to post or transmit for inclusion in or on the Site or that you otherwise submit to us (excluding any work commissioned and paid for by YLF under a separate agreement), you automatically grant, and you represent and warrant that you have the right to grant, to YLF, its affiliates and partners, an irrevocable, perpetual, world- wide, royalty free, non-exclusive, transferable license (with the right to sublicense) to use, reproduce, translate, alter, publicly perform, publicly display, modify, adapt, publish, excerpt (in whole or in part) and distribute such Member Content, in whole or in part, in all present and future media and in any manner relating to the Site (including, without limitation, in connection with the appearance of such Member Content on YLF and on the sites of our affiliates, partners and others with whom YLF may have business relationships relating to the Site) and the distribution and promotion of the Site. You further agree that YLF is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose. You may remove your Member Content from the Site at any time. If you choose to remove your Member Content, the license granted above will automatically expire, however you acknowledge that YLF may retain archived copies of your Member Content. YLF does not claim ownership of Member Content and subject to the rights granted to YLF in this Agreement, you retain full ownership of all of your Member Content and intellectual property rights or other proprietary rights associated with your Member Content.
7.4 YLF’s Obligations to Content. We have no obligation to maintain or store your content. YLF may, at any time in its sole discretion, delete, modify or prevent from displaying to any other users, any Member Content, for any reason, including but not limited to, service cancellation or violation of the Agreement. Once deleted, any content you have stored on the Site cannot be retrieved.
You acknowledge that we may establish limits concerning use of the Site or Service, including the length, number or size of photos, email messages, postings, or other content that are retained, stored, displayed, or transmitted by the Site or Service. We may also limit the frequency with which you may access the Service if it appears excessive or automated. We reserve the right to modify or discontinue the Service (or any part or feature thereof) at any time, with or without notice.
9. Membership Fees.
While access to the Site and Service is free, YLF may charge for various premium features and services that are offered on the Site.
10. Restrictions on Use of the Site or Service.
You agree that you will not:
- use the Site or Service to defame, threaten, stalk, defraud, incite, harass or advocate the harassment of another person, or otherwise interfere with another user’s use of the Site or Service;
- use the Site or Service to post sexually explicit material or pictures that include nudity;
- use the Site or Service to transmit or post spam, junk email or other mass messages, whether commercial in nature or not;
- use the Site or Service for promotional or commercial purposes, except as expressly permitted by YLF;
- use the Site or Service to promote bigotry or discrimination against protected classes;
- use the Site or Service to violate any third party right, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right;
- use the Site or Service in violation of this Agreement or any applicable law; and
- modify or remove any copyright, trademark or other proprietary rights notice on the Site or on any materials copied or printed off of the Site or modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site, the Service, YLF’s Content or third party content, except as expressly authorized by YLF.
11. YLF’s Intellectual Property and Proprietary Rights.
YLF owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site (“YLF Content”), excluding Member Content. YLF owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the YLF Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of YLF’s Content in whole or in part except as expressly authorized in writing by YLF. YLF does not grant any express or implied rights, and all rights in and to the Site and to YLF’s Content, are retained by YLF.
12. Copyright Policy.
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify YLF at youlookfab [at] youlookfab.com or Copyright Agent, YouLookFab, LLC, 1600 29th Avenue, Seattle, WA 98122. Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the website; (2) identify the material on the website that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the website is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit YLF to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature.
Upon receipt of notice as described above, YLF will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the website.
You agree to indemnify and hold YLF and its affiliates, officers, agents, subsidiaries, or other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Service or Site; (ii) your connection to the Service, including your use of the Service to provide a link to another site, or (iii) your violation of this Agreement, or (iv) your violation of any rights of another including but not limited to copyright, other intellectual property rights or defamation.
14. NO WARRANTY.
YLF PROVIDES THE SERVICE AND THE SITE “AS-IS,” WITH ALL FAULTS AND AS AVAILABLE. YLF GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED BY LAW, YLF DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT AND INCLUDING THOSE ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YLF DOES NOT WARRANT THAT THE SERVICE OR THE CONTENT WILL BE ACCURATE, ERROR-FREE, VIRUS-FREE, OR UNINTERRUPTED OR THAT IT WILL MEET YOUR REQUIREMENTS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
15. LIMITATION OF LIABILITY; YOUR EXCLUSIVE REMEDY.
IN NO EVENT WILL YLF OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES OR FOR LOST PROFITS OR LOST DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICE OR THE MATERIAL, INFORMATION, SOFTWARE, VIDEO, OR OTHER CONTENT ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF YLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTWITHSTANDING ANY OF THE FOREGOING, YLF’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YLF FOR USE OF THE SERVICE OR SITE, BUT IN NO CASE SHALL YLF’S LIABILITY TO YOU EXCEED $750. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU TO YLF FOR THE USE OF THE SERVICE OR SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM YLF, REGARDLESS OF THE CAUSE OF ACTION. THE LIMITATIONS OF LIABILITY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE THAT YLF CANNOT PROVIDE THE SITE OR SERVICE INEXPENSIVELY TO YOU WITHOUT LIMITING ITS LIABILITY AS SET FORTH ABOVE. THUS, IN USING THE SITE OR SERVICE, YOU AGREE TO LIMIT YLF’S POTENTIAL LIABILITY TO YOU. THESE LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YLF AND YOU.
YLF reserves the right at any time and for no reason to modify, update or discontinue, temporarily or permanently, all or any portion of the Site with or without notice.
Any notice from you to YLF must be addressed to youlookfab [at] youlookfab.com. This Agreement is in electronic form. There may be other information regarding the Service or the Site that the law requires us to send you. You consent to YLF sending you this information in electronic form. You have the right to withdraw this consent by notice to us, but if you do, you must stop using the Site or the Service. We may provide required information to you by email at your registered email address or by access to the Site or another web site designated in an email notice or generally designated in advance for this purpose. Notices provided to you by email will be deemed given and received on the transmission date.
You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. This Agreement constitutes the entire agreement and supersedes all prior agreements between you and YLF. This Agreement is governed by the laws of the State of Washington, U.S.A., without regard to its conflict of laws provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Seattle, Washington; to which jurisdiction and venue you and YLF each irrevocably consent. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions will remain in full force and effect. YLF’s failure to act or your failure to act with respect to a breach does not waive YLF’s rights or your right to act subsequently. You may not assign or transfer your rights under this Agreement, or delegate any duties. YLF retains the right to assign its rights under this Agreement or delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets. This Agreement will bind YLF’s successors and permitted assigns.