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Effective Date: November 9, 2021
Welcome! This notice explains our online information practices and choices you have about the collection and use of information you submit or we collect through the Tivvit mobile application (the “Tivvit App”) and related website, including www.tivvitapp.com, services, and tools that link to this Privacy Notice (collectively, the “Tivvit Platform”). The Tivvit Platform is owned or operated by StyleMates, Inc. (“StyleMates”).
By using any portion of the Tivvit Platform, you expressly consent to our collection, use, disclosure, and retention of your personal information in accordance with this Privacy Notice.
1. Information We Collect
(a) Registration and Account Information: When you download the Tivvit App and register for an account with us, you choose to give us your personal information and are not anonymous to us. Account registration requires that you provide personal information such as your full name, email address, username and password. You can also choose to provide information in your profile field, including, your biographical information, gender, interests, phone number, and website address. Personal information is associated with your account when you sign in as a registered user.
(b) Participation in Our Referral Program: The Tivvit referral program is an affiliate marketing program that allows participating users to earn commissions based on their activity on the Tivvit App (“Program”). If you decide to participate in the Program, you may be required to provide additional financial information (e.g. bank account) and your tax identification number (as applicable) for tax purposes as set forth in the Program Terms. Information you provide in connection with the Program will be further subject to the Program Terms.
(c) Information to Respond to Your Requests: When you send us questions or sign up for notifications or other communications, we may communicate with you through notifications and messaging in the Tivvit App. You may also be asked to provide your email address for notifications and communications outside the Tivvit App. When you send us your questions you may provide additional personal information about yourself to enable us to provide an individualized response to your request. Details of how you can opt-out of receiving communications from us are detailed in the Section 3 (Your Choices, Preferences and Opt-Out).
(d) Information from Other Sources: The information we collect may be combined with information from the records of our third party service providers that we have acquired in accordance with the law. If one of the Tivvit App users chooses to send you a referral link from the Tivvit App, we may obtain your email address from that user. We will also receive information from participating retailers and merchants about purchases made through a referral link on the Tivvit App in order to calculate and allocate applicable commissions as part of the Program and to post information about purchase activity.
(e) Content You Submit on the Tivvit Platform: We provide opportunities for you to submit or post images (e.g., photos of products that may or may not include a person) comments, opinions, reviews or other content. The content you submit or post may include additional personal information, including information about your preferences. This content can include information about the content you provide (like metadata), such as the location of a photo or the date a file was created. We also collect information about the people, collections, and hashtags that you are connected to and how you interact with those elements across the Tivvit Platform.
(f) Mobile Device Information: We may collect additional information from you if you access the Tivvit Platform through a mobile device (e.g., your unique device identifier, device’s operating system, IP address, mobile browser, and mobile carrier) and data you allow us to receive through the device settings you turn on (such as access to your photos).
(g) Your Usage Information: When you visit any portion of the Tivvit Platform, we collect usage information sent to us by your computer, mobile, or other access device that tells us how you are using the Tivvit Platform and what third party sites you visit from the Tivvit Platform (“usage information”). This may include information on how you use the Tivvit Platform, such as content you view or engage with, features you use, searches and actions you take, users and collections you interact with, and what posts and content you view. We may use tracking technologies (e.g., cookies, web beacons, clear gifs, embedded scripts, e-tags, unique device ID) to collect usage information.
We may also collect password information from you when you log in, as well as computer and/or connection information. During some visits we may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information.
Our goal is to collect and use only that information that we think is required for our legitimate business interests, in order to operate the Tivvit Platform and the Program and to better understand your interests and improve your experience of using the Tivvit Platform.
(h) Social Media Information: To log onto the Tivvit App, you must use your facebook or Google credentials. When you link your facebook or Google account or engage with the Tivvit App, you understand that we will have ongoing access to your username, profile picture, and certain information stored on those platforms as permitted by the platform. You grant us permission to show your username, profile picture and information about your actions (such as likes) and your comments in connection with your account and your posted collections on the Tivvit App and other users and collections that you interact with or follow. The information we have access to from the platforms varies by platform and is controlled by your privacy settings on that platform and by your consent.
2. Uses and Retention
(a) Operate the Tivvit Platform: We use the information collected to (i) provide services and the features of the Tivvit Platform; (ii) create, maintain and manage your account; (iii) track and process the results of your participation in the Program, as applicable, and recommend collections or posts that you may like; (iv) administer promotions and other offers; (v) develop, maintain, improve, support and customize the Tivvit Platform and our services and offerings; (vi) target marketing efforts and conduct research and analysis; (vii) respond to customer service requests; and (viii) protect the security of the Tivvit Platform and your account.
(b) Program Administration: We use information collected about posts you view and purchases you make through referral links on the Tivvit App in order to calculate and allocate applicable commissions as part of the Program.
(c) Data Analysis and Research: We use aggregate information about our users, including aggregate usage information, and non-personal information to analyze the Tivvit Platform and user behavior and prepare aggregated reports to better understand operation of the Tivvit Platform and for related business purposes. We may further use this aggregated information and non-personal information for research purposes, including with third parties, and may publish the results of the research and data analysis; provided that this information will be in an aggregated and anonymized form so as not to identify a particular user.
(d) Prevent Fraud: We use information from the Tivvit Platform to prevent, detect, and investigate fraud, security breaches, and potentially prohibited or illegal activities, and enforce our Terms of Use.
(e) Communicate With You: We use your information to (i) contact you about our services, promotions, or other offers and your account and to administer the Program; (ii) respond to your inquiries and comments; and (iii) provide other services requested by you, or (iv) contact you for other purposes authorized by law.
(f) Shopping Activity: Based on your selection in the settings on the Tivvit App, We may share information about your recent purchases or activity on the Tivvit App in the Tivvit App activity feed that can be viewed by other users. You may change your selection in your settings on the Tivvit App at any time.
(g) Other Uses: We may use the information for marketing and investment analysis, and to make decisions about our business and third party partners.
(h) Retention of Information: We retain information as long as it is necessary and relevant for our operations in accordance with applicable law.
3. Your Choices, Preferences and Opt-Out You can control how and when you want to receive promotional, advertising and marketing emails/ notifications from StyleMates by following instructions within the emails/notifications we send to you or by contacting us via email at contact [email protected]. You may not opt-out of administrative emails or notifications for your registered account (for example, emails about your account, transactions or policy changes). Terms regarding communications and alerts associated with the Program are included in the Program Terms and Conditions. For more information about how to change or update your personal information go to Section 7 (Accessing, Reviewing, Changing, and Deleting Your Personal Information).
4. Disclosure
Information collected on the Tivvit Platform may be shared with:
(a) The StyleMates Corporate Family: We may share the information we collect about you with the StyleMates corporate family and their and our affiliates and subsidiaries. We may also share the information we collect about you with independent contractors, service providers, and other third parties we use to support our business, who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. The information may be disclosed (i) to provide joint content and our services (e.g., registration, transactions, analytics and customer support); (ii) to help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches; (iii) to guide decisions about our or third party’s business, assets, operations, rights, products, services, sites, applications, tools, and communications; and (iv) for processing and storage of information. Members of our corporate family may use this information to send you marketing communications and you will have the opportunity to opt-out of such communications as described in Section 3 (Your Choices, Preferences and Opt-Out) above.
(b) Referral Networks: On the Tivvit Platform, we work with third party brands and retailers to provide you with information and links to products that may interest you and your friends and family. These third parties may set, view or edit their own tracking technologies/cookies. The use of these technologies by third parties is subject to their own privacy policies and is not covered by this Privacy Notice. When you link to or visit these third party brands or retailers, these third parties might also obtain information about other applications that you have downloaded to your mobile device, the mobile websites you visit and other information about you or your device in order to analyze your shopping preferences.
(c) Service Providers: We may disclose your information to service providers under contract who help with our business operations (such as, but not limited to, developing, designing, maintaining, improving and supporting our services, the Tivvit Platform, payment processing, fraud investigations, promotions and marketing, and site analytics and operations).
(d) Other Persons with Your Consent: We do not sell or rent your personal information to third parties for their marketing purposes without your consent. We may provide your personal information to other third parties to whom you explicitly direct us to share your information. In addition, users may see information about your active status on the Tivvit App, including when you last used the Tivvit App, sent a message, or made a post or comment.
(e) Companies In The Mobile Industry: If you access the Tivvit Platform through a mobile device or app, we may also share your information with carriers, operating systems and platforms.
(f) Legal and Law Enforcement: We may disclose your information to law enforcement, governmental agencies, or authorized third parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other Tivvit Platform user to legal liability. In such events, we will only disclose information we deem relevant and/or necessary to the investigation, inquiry or fraud complaint.
(g) Change of Control – New Owners: We may disclose your information to other business entities, should we plan to merge with or be acquired by that business entity. Should such a combination occur, we will make reasonable efforts to request that the new combined entity follow this Privacy Notice with respect to your personal information or provide prior notice if there would be any material changes to this Privacy Notice in accordance with Section 12 (Notification Regarding Updates).
5. Information You Share on the Tivvit Platform
If you post or submit information or content, such as photographs, comments, likes, and other postings, or when you interact with the Tivvit Platform, this information will become viewable by the audience on the Tivvit Platform. We cannot prevent further use of this information. For any sharing you may do on social media sites, you can control what data you share through privacy settings available on some social media sites. Please refer to those third party sites’ privacy policies and terms of use to learn more about their privacy practices, which we do not control.
6. Tracking Technologies (Cookies)
When you visit the Tivvit Platform, we and our business partners may use tracking technologies to enhance your online experience or customize our offerings on the Tivvit Platform.
A few additional important things you should know about our use of tracking technologies (cookies):
• Certain features that may be available only through the use of tracking technologies.
• We may use both session and persistent tracking technologies. Tracking technologies (e.g., cookies) can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). You are always free to decline tracking technologies if your browser permits, although doing so may interfere with your use of the Tivvit Platform. Refer to the help section of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling tracking technologies such as cookies.
• If you are a registered user and you specifically request that the Tivvit Platform remembers your login information, you are allowing us to place a persistent cookie onto your computer or device.
• You may encounter tracking technologies/cookies from our third party service providers, that we have allowed on certain portions of the Tivvit Platform that assist us with various aspects of our Tivvit Platform operations and services, such as Google Analytics.
7. Accessing, Reviewing, Changing, and Deleting Your Personal Information
Registered users can review and change personal information at any time by accessing their accounts on the Tivvit App. You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. It is your responsibility to make sure that your personal information in your account is accurate. You should promptly update your personal information if it changes or becomes inaccurate. We may retain some information from closed accounts so that we can comply with law, prevent fraud, assist with investigations, resolve disputes, analyze or troubleshoot programs, enforce our Terms of Use, or take other actions permitted by law. Likewise, if your account is terminated or suspended by us, we may maintain some information to prevent re-registration.
8. Notice to California Residents
(a) Residents of the State of California may request a list of all third parties to which our online service has disclosed certain personal information (as defined by California law) during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us at [email protected]. For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
(b) How Do We Respond to Do Not Track Signals for California Residents: California Business & Professions Code Section 22575(b) provides that California residents are entitled to know how StyleMates responds to “Do Not Track” browser settings. StyleMates does not currently take actions to respond to Do Not Track signals.
9. Third Parties
The Tivvit Platform may contain links to other third party websites, including social media platforms and the sites of our partners. We are not responsible for the privacy practices or the content of these third party sites. Other parties may collect personally identifiable information about your online activities over time and across different websites when you link to or access those third party sites or platforms from the Tivvit Platform.
10. Security
We store and process your information on servers located in the United States. We maintain security measures to protect your personal information from loss, misuse, unauthorized access and disclosure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. No method of data transmission over the Internet, or method of electronic storage, is 100% secure. If you believe that your login credentials have been compromised, please make sure to contact us at via the contact information in Section 13 (Contact Us).
11. Children’s Privacy
The Tivvit Platform is a general audience site and it is not intended for children under the age of 13 without the consent of a parent or legal guardian. Except as described below, we do not knowingly collect personal information via our websites, applications, services, or tools from users in this age group. If you believe your child has provided personal information to us without your consent, please contact us via the email listed in Section 13 (Contact Us).
If you are a minor under the age of eighteen and a registered user of the Tivvit Platform and want to remove the content or information you posted to the Tivvit Platform (i.e., made accessible to other users/ Tivvit Platform visitors), please contact us via the email or mailing address listed in Section 13 (Contact Us) stating that you personally posted such content or information and detailing where the information is posted on the Tivvit Platform. Note that removal of the content or information you posted does not ensure its complete or comprehensive removal (except as required by law) because we may remove the information from public view or anonymize it without completely deleting it in accordance with the law or because a third party has copied the posting or reposted the content or information.
12. Notification Regarding Updates
From time to time, we may update this Privacy Notice. You agree that we may notify you about material changes in the way we treat personal information by placing a notice of such updates on the Tivvit Platform. You should check the Tivvit Platform frequently for updates.
13. Contact Us
If your questions are not answered online, you may email us at [email protected], or write to us at StyleMates, Inc., Attn: Privacy Questions, 12100 Wilshire Blvd., Suite 1540, Los Angeles, CA 90025.
Effective Date: July 9, 2019
Welcome to Tivvit! We, StyleMates, Inc., (“We” or “StyleMates”) maintain the Tivvit mobile application (“Tivvit App”) and related websites, services and tools (collectively referred to as the “Tivvit Platform”) for your personal entertainment, information, education and shopping convenience. You are encouraged to use and enjoy the Tivvit Platform. With your use of the Tivvit Platform, you agree to these Terms of Use and the disclaimers and terms and conditions stated on the Tivvit Platform (“Terms of Use”). You should carefully read the Terms of Use before using any part of the Tivvit Platform. If you do not agree to be bound by the Terms of Use, do not use the Tivvit Platform.
It is important that visitors to the Tivvit Platform are aware of their respective legal rights and obligations when using the Tivvit Platform. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE TIVVIT PLATFORM, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, E.G., REQUIRING ARBITRATION, PROHIBITING CLASS RELIEF, AND LIMITING OUR LIABILITY.
We reserve the right to update and makes changes to these Terms of Use at any time by updating this posting or providing notice to you as otherwise permitted under applicable law. By using the Tivvit Platform, you agree to be bound by any such changes and should periodically visit this page to determine the then-current Terms of Use to which you are bound.
Who Can Use Tivvit. The Tivvit Platform is available to people residing in the United States who can form legally binding agreements under applicable law. Any use or access by anyone under the age of 13 is not allowed. Access to the Tivvit Platform may be prohibited in certain countries outside the United States. If you access the Tivvit Platform from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of your territory of access.
Logging On; Social Sign On. The Tivvit App supports sign-on from third-party platforms, facebook and Google, to make it easier for you to sign in or create an account. To log onto the Tivvit App, you must use your facebook or Google Connect credentials, which will automatically be linked to your account. Use of third-party platforms to create and access your account is subject to the terms and conditions and privacy policies of such third parties. You may disconnect your social media account at any time by updating the settings in your account or by removing the authorization through the settings of your social media account. If the facebook or Google service becomes temporarily or permanently unavailable for any reason, if you elect to delete your facebook account or Google account used to access the Tivvit App, or if you unlink your facebook or Google account and the Tivvit App, you may not be able to log into your account.
Your Access to the Tivvit Platform. We grant you a limited license to access and make informational, personal and (except as provided as part of the Program) non-commercial use of the Tivvit Platform and Content (as defined below). You may download material from the Tivvit Platform for non–commercial, personal use provided you retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material, and do not copy or post the material on any network computer or broadcast the material in any media (other than as expressly permitted on the Tivvit Platform). It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the Content for public or commercial purposes (other than as permitted on the Tivvit Platform) without written permission from an authorized representative of StyleMates.
Establishing and Maintaining an Account. Certain services offered on the Tivvit Platform require you to set up an account. Each user setting up an account on the Tivvit Platform is responsible for keeping the account information secret and confidential. You agree that you are solely responsible for any communications or other uses made using your account information, as well as for any obligations, which may result from such use. You are responsible for updating your account information. If We believe the details are not correct, current, or complete, We have the right to refuse you access to the Tivvit Platform, or any of its resources and to terminate or suspend your account.
Referral Program. The Tivvit referral program is an affiliate marketing program that allows participating users to earn commissions based on their activity on the Tivvit App (the “Program”). If you want to register as a participant in the Program, you must qualify under the Program Terms and register for an account and further agree to the Program Terms. The Program Terms govern participation in the Program.
Ownership of Content. Content included on the Tivvit Platform, including information, data, software, images photographs, videos, and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights. Tivvit (its vendor(s) or licensor(s)) owns and retains rights, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as expressly authorized or licensed, you may not copy, modify, delete, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The software, applications, algorithms and technology used to provide the Tivvit Platform and functionality, including the Program, remain the exclusive property of Tivvit and its vendors and licensors.
Product, Service and Technical Information on the Tivvit Platform. The products and services depicted on the Tivvit Platform are available through third party retailers and providers. We post products and collections of retailers and designers with which we have a relationship or that we think you will like. We make a conscientious effort to display and describe the products, services and related specifications available on the Tivvit Platform accurately and completely. However, the details and accuracy of the images and specifications of products and services that you see as a visitor to the Tivvit Platform will depend on a number of things. We do not guarantee that the product images, services or specifications displayed on the Tivvit Platform are or will remain accurate. Users may also post images of products from other sources. We also don’t control what users or visitors post or say on the Tivvit Platform. The technical information, recommendations and other information made available on the Tivvit Platform, including recommendations regarding product selections, are not substitutes for consultation with retailers and providers familiar with your particular needs and circumstances. The display of a product or service on the Tivvit Platform does not mean that the product or service is or will be available through a particular retailer or provider, even if the retailer or provider is mentioned on the Tivvit Platform. All products are offered for sale by third party retailers and designers and not by StyleMates. Sales are subject to the terms of sale, return, exchange and refund policies of that third party. We do not monitor or evaluate the quality, reliability or performance of the product offerings of these third parties. We are not responsible for any sales or other transaction that you may make with a retailer or provider or the products or services you may obtain from them, and We will not be liable for any compensation, reimbursement or damages of any kind arising in connection with your purchase of such products. Your decision to purchase any products should be based on your own informed evaluation of the products.
Permissions You Give StyleMates:
• Your Content. By displaying, publishing or posting comments, text, images, photos, or other content that you submit for posting on the Tivvit Platform (“Your Content”), you grant to StyleMates, its affiliate entities and those acting at their direction, a perpetual, irrevocable, royalty-free, worldwide license and right to use, modify, reproduce, publicly perform, publicly display, distribute and create derivative works based upon Your Content for any commercial and non-commercial purposes in any media, now known or hereafter created, as We may determine, in our sole discretion, without the need for any acknowledgment or compensation. You further acknowledge that We may make Your Content available for access and viewing by other users of the Tivvit Platform. If you save Your Content as part of the Tivvit Platform with your account, We have the right to store Your Content for access by you at a later date. We may delete Your Content after a reasonable period of time consistent with then-current Tivvit policies or upon termination of your account. Your Content may become inaccessible or deleted for other reasons and you should not rely on the Tivvit Platform for storage or archiving of Your Content. As a result, We suggest that you create back-up copies of Your Content.
You are responsible for all Your Content. By posting Your Content, you represent and warrant that Your Content is your own original work or is being posted with the permission of the owner of that content and the content does not infringe or violate the copyright, trademark, trade secret or other personal or privacy rights of any person or entity. You must share only the photos and posts that you have the right to share. Please note that we reserve the right to remove content or information if we believe it violates these Terms of Use.
• Permission to use your username, profile picture and information about your Posts. You grant us permission to show your username, profile picture and information about your actions (such as likes) and your comments in connection with your account and collections on the Tivvit App and other users and collections that you interact with or follow, and information about purchases. We may show your comments that you post, the users and collections that you follow and the collections and posts that you like.
• Updates to the Tivvit App. You agree that we can download and install updates to the Tivvit App on your device (consistently with your device settings).
Privacy and Submissions. Any personal information you provide on the Tivvit Platform will be used by StyleMates in accordance with the Tivvit Platform’s Privacy Notice. StyleMates does not intend to accept ideas, concepts or techniques for new services or products through the Tivvit Platform. Notwithstanding the foregoing, you acknowledge that any communication or material you transmit to the Tivvit Platform, such as questions, comments, ideas, feedback, materials, suggestions or the like (collectively “Submissions”), will be treated as non-confidential and nonproprietary and may be used by StyleMates for any purpose without notice to you and without any further consent by you. We will be under no obligation whatsoever to use, respond to, or pay any compensation with respect to any Submission. The act of providing any Submission constitutes an assignment to StyleMates of all worldwide right, title and interest, including copyright and other intellectual property rights, in the Submission. By providing a Submission, you represent and warrant that you own or otherwise control all of the rights to that Submission including, without limitation, all the rights necessary for you to provide that Submission and for StyleMates to use, copy, reproduce, modify, create derivative works from, transfer, distribute, perform, publish, license or sell that Submission.
Connecting with Other Users; Restrictions on Use. The Tivvit Platform provides a convenient means of identifying and connecting with other users. Please act responsibly when using the Tivvit Platform. • You are prohibited from using the Tivvit Platform or any of its Content (i) to post or transmit any infringing, threatening, false, misleading, libelous, defamatory, obscene, inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (ii) for any purpose that is unlawful or prohibited by these Terms of Use; (iii) in any manner which could damage or disparage StyleMates; (iv) in any manner that could disable, overburden, or impair the Tivvit Platform or interfere with any other party’s use and enjoyment of the Tivvit Platform; or (v) to solicit, obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Tivvit Platform. • Tampering with the Tivvit Platform, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Tivvit Platform are strictly prohibited. StyleMates will fully cooperate with any law enforcement authorities or any court order requesting or directing Tivvit to disclose the identity of anyone posting or transmitting any such information or materials. You understand and agree that all materials publicly posted or privately transmitted on or through the Tivvit Platform are the sole responsibility of the contributor, not StyleMates.
Copyright Policy. We expect our users to respect copyrights. We have adopted and implemented the Tivvit Copyright Policy in accordance with the Digital Millennium Copyright Act and other copyright law.
General Audience Site. The Tivvit Platform is not intended for use by children. Children accessing the Tivvit Platform should get permission and assistance of a parent or guardian to use the Tivvit Platform.
Monitoring. StyleMates has the right, but no obligation, to monitor content on the Tivvit Platform provided by users to determine compliance with the Terms of Use, any other operating rules established by StyleMates for this Tivvit Platform and to comply with any law, regulation, or authorized government request.
Links to Third Party Websites. The Tivvit Platform contains products and services offered by, and hypertext links to sites owned or operated by, parties other than StyleMates (“Linked Sites”). Links to third-party sites are provided for your convenience only. StyleMates makes no representations whatsoever about any other website which you may access through the Tivvit Platform. When you leave the Tivvit Platform, please understand that StyleMates has no control over the content on that Linked Site. In addition, a link to a non–StyleMates website does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such Linked Site. StyleMates makes no representation or warranty as to any third–party products or services. No rights to use or copy the information on this or the third–party site are granted or implied.
Linking to the Tivvit Platform. Linking to any page of the Tivvit Platform other than to the home page through a plain text link is strictly prohibited in the absence of the written consent of StyleMates. Any website or other device that links to the Tivvit home page is prohibited from (a) replicating Content, (b) framing or using border around the Content, (c) implying in any fashion that StyleMates is associated with that website or is endorsing that website or its products, (d) misrepresenting any state of facts, including its relationship with Tivvit, and (f) using any logo or trademark of StyleMates without express written permission from StyleMates.
Binding Arbitration of All Disputes; No Class Relief. To the fullest extent permissible by law, with the exception of disputes pertaining to StyleMates’ intellectual property rights and certain statutory claims that, pursuant to applicable law, are not arbitrable, any dispute of any kind between you and StyleMates arising under these Terms of Use shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis only and with no entitlement to class relief, unless otherwise prohibited by law. The arbitrator shall follow New York substantive law in adjudicating the dispute, except that this Section shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and We agree that We intend that this Section satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to StyleMates. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, StyleMates shall pay the costs and fees of JAMS and the arbitrator. Tivvit agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
Disclaimer of Warranties. THE TIVVIT PLATFORM AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND STYLEMATES, AND ITS AFFILIATES, SUBSIDIARIES, DESIGNEES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD–PARTY CONTENT PROVIDERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE (COLLECTIVELY, “ASSOCIATES”) TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES. Without limiting the foregoing, We neither warrant nor represent that (i) your use of any Content will not infringe the rights of any third parties; (ii) the Content or information contained on Linked Sites will be accurate, reliable, complete or up-to-date; (iii) Content provided on the Tivvit Platform is applicable to, or appropriate for use in, locations outside of the United States; (iv) your access to the Tivvit Platform will be uninterrupted or error free; or (v) you will be satisfied with any products or services that you purchase from a Linked Site or any dealer, retailer, or provider listed on the Tivvit Platform. We assume no responsibility or liability arising from any material or information that may be provided by any third party. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Exclusion of Liability. YOUR USE OF THE TIVVIT PLATFORM IS AT YOUR OWN RISK. IN NO EVENT WILL STYLEMATES OR ANY ASSOCIATES BE RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE TIVVIT PLATFORM, DOWNLOAD OF ANY CONTENT OR ACCESS TO ANY LINKED SITE. NEITHER STYLEMATES, NOR ANY OF ITS ASSOCIATES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TIVVIT PLATFORM, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY OF USE OF THE TIVVIT PLATFORM OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you. If you are dissatisfied with any portion of the Tivvit Platform, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Tivvit Platform.
Indemnification by You. You agree to indemnify, defend and hold harmless StyleMates and its Associates from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to any unauthorized use by you of the Tivvit Platform or Content, your provision of any Submission, or any breach by you of these Terms of Use.
Export Control. Software and other materials from the Tivvit Platform may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Tivvit Platform may be downloaded or exported (i) into any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. We do not authorize the downloading or exportation of any software or technical data from the Tivvit Platform to any jurisdiction prohibited by the United States Export Laws.
Termination/Access Restriction. We reserve the right, in our sole discretion, to terminate or refuse your access to any or all of the Tivvit Platform and the related services or disable your account at any time, without notice and for any reason. We also reserve the right to modify, terminate or withdraw the Tivvit Platform or any Content on the Tivvit Platform at any time without notice.
Governing Law and Disputes. The Tivvit Platform is created, operated and controlled by StyleMates in the State of New York, United States of America. As such, the laws of the State of New York will govern these Terms of Use without giving effect to any principles or conflicts of laws. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Tivvit Platform are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
How to Contact Us. This Tivvit Platform is controlled and operated by StyleMates located at 12100 Wilshire Blvd., Suite 1540, Los Angeles, CA 90025. Please forward any comments or complaints about the Tivvit Platform to [email protected]. Please forward any questions regarding privacy to [email protected] and other legal matters to [email protected].
General. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the remainder shall continue in effect. These Terms of Use represent the entire agreement between you and StyleMates with respect to access and use of the Tivvit Platform and supersede any prior statements or representations.
Effective Date: July 9, 2019
StyleMates, Inc. (“StyleMates” or We”) makes the shopping referral program available through the Tivvit mobile and software applications (“Tivvit App”) under these terms and conditions (“Program Terms”). By registering to participate in the Program, you (a “Participant”) acknowledge and agree that these Program Terms create a legally binding agreement between you and StyleMates. You acknowledge that your participation in the Program is voluntary, you have read and understand these Program Terms, and you agree to be bound by all of its terms. PLEASE READ THESE PROGRAM TERMS CAREFULLY BEFORE ENROLLING IN THE PROGRAM OR USING THE TIVVIT APP, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS (E.G., REQUIRING ARBITRATION, PROHIBITING CLASS RELIEF, AND LIMITING OUR LIABILITY).
We reserve the right to makes changes to these Program Terms at any time by updating this posting or providing notice to you as otherwise permitted under applicable law. Your continued participation in the Program following notice of changes to the Program Terms indicates your agreement to the changes and you agree to be bound by any such changes.
1. Terms of Use and Personal Information. Participation in the Program and use of the Tivvit App is further subject to the Tivvit Terms of Use. Personal information you provide to StyleMates during participation in the Program will be used by StyleMates in accordance with the Privacy Notice and these Program Terms.
2. Eligibility. The Program is available for use only in the United States of America, and you should not enroll as a Participant if you are not a resident of the United States. To become a Participant, you must be at least 18 years old and provide the required information for StyleMates to create your Program account (“Program Account”). Each Participant is limited to one Program Account. Additionally, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person,” or similar designation under the OFAC sanctions regime. You agree to provide additional information We may reasonably request to verify your identity as a condition for participation in the Program.
You must establish and maintain an Active Program Account (as referenced below) to participate in the Program. Participation in the Program and the opportunity to receive Referral Commission (as defined below) is offered at the sole discretion of StyleMates and is subject to your compliance at all times with these Program Terms. StyleMates reserves the right to deny opening a Program Account or to cancel any Program Account in StyleMates’s discretion for any reason, including, without limitation, violation of these Program Terms.
3. Referral Commission Program. StyleMates receives compensation for qualifying purchases made by consumers through designated referral links from the Tivvit App to participating retailers, merchants, and other partners with which StyleMates has a relationship (“Participating Merchants”). We offer the ability for each Participant with an Active Program Account to receive commissions (“Referral Commissions”) based on qualifying purchases made at Participating Merchants through referral activity by that Participant. Only purchases made at a Participating Merchant through a dedicated referral link in a Participant post on the Tivvit App may be considered a qualifying purchase. Items that are returned to, exchanged or refunded by a Participating Merchant do not qualify. Referral Commission is calculated based on a percentage of compensation finally received by StyleMates from the Participating Merchant for the qualifying purchase (following reconciliation for returns, exchanges, refunds and other discrepancies). The applicable percentages are determined by StyleMates, in its sole discretion, and may vary depending on the Participating Merchant and be updated from time to time. The determination of whether a purchase made at a Participating Merchant qualifies for a Referral Commission and the manner in which Referral Commission for a qualifying purchase is allocated between Participants is at the sole discretion of StyleMates.
Requirements. In order to receive a Referral Commission, you must be a Participant with an Active Program Account. To qualify for a Referral Commission, the qualifying purchase at a Participating Merchant must be made either (i) through your designated referral link within your post on the Tivvit App; or (ii) through the designated referral link in another Participant’s post to which you contributed by recommending the posted item to the ultimate purchaser. Referral Commissions for a qualifying purchase may be allocated or shared between Participants in the referral chain based on their referral activity. For example, if Participant A posts an item in Participant A’s collection and Participant B messages Participant C recommending the item, Participant A and Participant B will share Referral Commission based on that qualifying purchase by Participant C. If you or the purchaser accessing the Participating Merchant through a Participant post disables “cookies,” you may not be entitled to Referral Commissions from the subsequent purchase by that purchaser because cookies are used to authenticate the user and verify whose Participant Program Account is eligible for the Referral Commission, in whole or in part. Participants may receive a Referral Commission for Participant’s own qualifying purchases at a Participating Merchant; however, the Tivvit App tracks items viewed in the Tivvit App and StyleMates reserves the right to allocate the Referral Commission to the Participant that generated the referral, regardless of the designated post through which Participating Merchant is accessed for the purchase.
Accrual of Commissions. Referral Commissions are identified in a Participant’s Program Account as “pending” and “confirmed” commissions. Amounts designated as “pending” are estimates only and subject to adjustment by StyleMates. Amounts will not be designated as “confirmed” until compensation is finally received by StyleMates following reconciliation with the Participating Merchant. A Participant can view the Referral Commissions “pending” and “confirmed” to that Participant (per qualifying purchase and in total amount) through the Participant’s Program Account on the Tivvit App. StyleMates will initiate payment of Referral Commissions once the amount of “confirmed” commissions in that Participant’s Program Account reaches $50 (“Payment Threshold Amount”). Balances below $50 will remain in the Participant’s Program Account for payment to the Participant once the Payment Threshold Amount is obtained. For Program Account balances that remain below the Payment Threshold Amount for more than 12 months, StyleMates reserves the right to apply a monthly maintenance fee of $2 per month (“Maintenance Fee”) against that Program Account. StyleMates reserves the right to charge back to a Participant’s Program Account and deduct amounts previously paid or credited as a Referral Commission if (i) a Participating Merchant fails to pay or reverses a commission paid to StyleMates for a purchase or (ii) StyleMates determines that the Referral Commission amount was not properly credited to the Participant. In the event a Participant accrues a negative balance in the Participant’s Program Account continuing for more than 6 months due to charge backs and related off-sets, StyleMates reserves the right to require the Participant to pay the amounts due to StyleMates on that Participant Account.
Commission Payments. StyleMates provides Participants Referral Commission amounts in U.S. dollars via one of the following payment options, or such other method as StyleMates may make available from time to time.
• PayPal. To receive payment via PayPal, you must provide a valid PayPal account number, email address associated with the PayPal account or phone number associated with the Paypal account. If you elect to receive payment via PayPal, you must not use a PayPal account associated with another Program Account.
• Connected Bank Account through Stripe. To receive payment via a connected bank account, you must have a bank account and enroll in the Stripe service to connect your account with the Tivvit Platform. Stripe is processing payments to your connected bank account, and you agree to abide by Stripe’s terms and conditions for end-users (including, without limitation, Stripe Terms).
Certain fees and assessments may apply for transactions through Stripe. See the Stripe terms and conditions for more details.
Participants represent and warrant that all information in the Participant Program Account is complete, accurate and up-to-date and the Paypal or bank account connected via Stripe is valid and properly connected and activated. Payment to the designated Paypal or connected account through Stripe dismisses us from any liability of payment of the relevant Referral Commissions, and StyleMates is not responsible for payments delivered to an improper account through no fault of StyleMates. If We are notified in writing by any third party that the account is not valid or otherwise do not have valid payment account information for a Program Account, We reserve the right to refuse further payment to that account. Account Adjustments. In our sole discretion, we may deduct or offset Referral Commission amounts from your account based on adjustments made by a Participating Merchant (including for returns, cancellations or discrepancies in purchases). If a Participating Merchant fails to report a transaction to StyleMates or fails to make payment to StyleMates for any reason, StyleMates will not credit or apply the Referral Commission associated with that transaction to your Program Account. It is your responsibility to check your Program Account regularly to confirm Referral Commission has been properly credited and paid and that your Program Account balance is accurate. If you believe that Referral Commission has not been correctly credited to your account, you must contact StyleMates Customer Service within ninety (90) days after the transaction. In addition, StyleMates may make account adjustments for any Referral Commission that StyleMates, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Program Terms, or any applicable law or regulation. StyleMates decisions are final. Taxes. You may be taxed on your receipt of Referral Commission depending on the tax laws of federal, state, and local jurisdictions. Once Referral Commission amounts reach a total of $600 in any calendar year, you are required to complete a W-9 tax form (or such other form as required by StyleMates) before any further payments will be made to your Program Account. We reserve the right to suspend any further payments of Referral Commissions to your Program Account until all applicable tax forms are provided. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with any Participant referrals or promotional activities.
4. Account Maintenance
Updating Your Account. You agree to keep your Program Account information current, complete, and accurate by periodically updating the information. You must be logged into the Tivvit App to change your Program Account information and payment preferences. You will maintain the confidentiality of your Program Account information, including username and password by which you access the Program. Any use of your username and password will be deemed to be your use, and StyleMates is entitled to act on instructions received under your password. If there is a breach of security through your Program Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
Account Activity. An Active Program Account means you must have engaged in one of the following activities within the past twelve (12) months: (i) updated or logged into your Program Account information or (ii) have accrued Referral Commission amounts. Except where prohibited by applicable law, if you have not engaged in one of the activities in subsections (i)-(ii) for more than twelve (12) consecutive months or your Program Account reaches a balance of $2 or less based on the application of Maintenance Fees, StyleMates reserves the right to close the Program Account permanently and disable your dedicated referral link, pay to you any amounts under the Program Account which have not been previously paid (less applicable payment transfer fees), and cease to maintain your Program Account records and Program access.
Fraudulent Activity. We reserve the right to investigate any purchase transactions, referral activity, or interaction with the Tivvit App that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any Referral Commission amounts, bar further Referral Commissions, and/ or terminate any Participant Program Account that we believe, in our sole discretion, is abusing or has abused the Program. Multiple Accounts created under the Program on the same device with the same name, address, email address, or other identifying feature may be flagged as fraudulent referrals. Any failure to comply with these Program Terms, any fraud or abuse relating to the accrual or receipt of Referral Commissions, or any misrepresentation of any information furnished to StyleMates by you or anyone acting on your behalf may result in the termination of your Program Account and forfeiture of any accrued Referral Commissions. StyleMates decisions are final.
5. Program Obligations and Restrictions. Participants are not permitted to represent that they are acting on behalf of StyleMates or have the ability to undertake obligations or commitments on behalf of StyleMates. Participants are not permitted to reference, share, or promote any Participant posts or use Participant’s designated referral link outside of the Tivvit App. The following is a non-exhaustive list of activities that are not permitted and that will disqualify you from earning Referral Commissions through the Program: (i) posting your referral link in any post or location other than the Tivvit App; or (ii) misleading or attempting to mislead anyone in connection with the Referral Program, including, but not limited to, misrepresenting your relationship with us or posing as our representative in an official capacity.
6. Merchant Policies. All products are offered for sale by the Participating Merchant and not by StyleMates. A product purchased from any Participating Merchant is governed by and subject to the applicable Participating Merchant policies, including terms of sale, return, exchange and refund policies of that third party. You agree that We are not agents of any Participating Merchant and the Participating Merchants operate independently and are not under our control. We will not be liable for any compensation, reimbursement or damages of any kind arising in connection with purchase of such products and services. We are not responsible for changes to, or discontinuance of, any online store of a Participating Merchant or withdrawal by a Participating Merchant from the Program, or for any effect on accrual of Referral Commission caused by such changes, discontinuance, or withdrawal.
7. Receiving Communications. By signing up to be a Participant, you agree to receive communications and notices by electronic mail or via messaging in the Tivvit App. Our communications may be account and membership related (e.g., that we’ve added money to your account, required changes to your designated referral link, that activity under your Program Account is in violation of the Program Terms, etc.). We may communicate with you regarding the Program by electronic mail, messaging in the Tivvit App, or direct mail using information you provide to us. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change after the date you become a Participant. You may opt out of receiving certain communications in accordance with our Privacy Notice.
8. Indemnification. You agree to indemnify StyleMates, our Participating Merchants, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of these Program Terms or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
9. Warranty Disclaimer. THE PROGRAM, TIVVIT APP AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND STYLEMATES, AND ITS AFFILIATES, SUBSIDIARIES, DESIGNEES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD–PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE (COLLECTIVELY, “ASSOCIATES”) TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES. STYLEMATES MAKES NO REPRESENTATION THAT YOU WILL DERIVE ANY INCOME OR RECEIVE ANY REFERRAL COMMISSION FROM PARTICIPATION IN THE PROGRAM. Without limiting the foregoing, We neither warrant nor represent that your access to the Tivvit App will be uninterrupted or error free or that We will continue to provide the Program. We assume no responsibility or liability arising from any material or information that may be provided by any third party. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
10. Limitation of Liability. YOUR USE OF THE TIVVIT APP AND PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. IN NO EVENT WILL STYLEMATES OR ANY ASSOCIATES BE RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE TIVVIT APP, DOWNLOAD OF ANY CONTENT OR ACCESS TO ANY APPLICATIONS OR SITES. NEITHER STYLEMATES, NOR ANY OF ITS ASSOCIATES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TIVVIT APP OR PROGRAM, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SYTLEMATES MAXIMUM AGGREGATE LIABILITY ARISING OUT OF YOUR PARTICIPATON IN THE PROGRAM WILL NOT EXCEED THE LESSER OF (I) THE AMOUNT OF REFERRAL COMMISSION RECEIVED BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEEDING THE EVENTS GIVING RISE TO THE CLAIM OR (II) FIFTY U.S. DOLLARS ($50). Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you. If you are dissatisfied with any portion of the Tivvit App, the Program, or with any of these Program Terms, your sole and exclusive remedy is to discontinue using the Tivvit App and participating in the Program.
11. Termination or Suspension. These Program Terms are effective when accepted by you and will remain in effect until you or we terminate your participation in the Program. We may terminate this Agreement and your use of or access to the Program at any time, for any reason or no reason. Any violation of these Program Terms or the rules and conditions of the Program may result in the termination of your Program Account and forfeiture of pending or prior Referral Commission. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Program or any functionality, feature or other component of the Tivvit App. You agree that StyleMates will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of the Tivvit App. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program. Upon any termination of the Program, your right to use and access the Program, and the Tivvit App, and to receive Referral Commission, will terminate. Termination will not prejudice either your or our remedies at law or in equity.
12. Governing Law; Binding Arbitration of All Disputes; No Class Relief. To the fullest extent permissible by law, with the exception of disputes pertaining to StyleMates’s intellectual property rights and certain statutory claims that, pursuant to applicable law, are not arbitrable, any dispute of any kind between you and StyleMates arising under these Program Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis only and with no entitlement to class relief, unless otherwise prohibited by law. The arbitrator shall follow New York substantive law in adjudicating the dispute, except that this Section shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and We agree that We intend that this Section satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to StyleMates. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, StyleMates shall pay the costs and fees of JAMS and the arbitrator. StyleMates agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
13. Miscellaneous. You may not assign your rights and obligations under these Program Terms, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Headings under these Program Terms are intended only for convenience and shall not affect the interpretation of these Program Terms. Any waiver or failure to enforce any provision of these Program Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these Program Terms is held to be invalid, such invalidity shall not affect the remaining provisions. These Program Terms represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral (including without limitation, earlier versions that may have been accepted by you).
Effective Date: July 9, 2019
Copyright (DMCA) Notice
It is the policy of Tivvit to respond to notices of alleged copyright infringement in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. This page describes how to serve a proper Notice of Infringing Material and what to do if any material you have placed on the Tivvit App becomes the subject of such a notice.
Notice of Infringing Material
If you are a copyright owner or an agent thereof and you believe that any content or link on the Tivvit App infringes upon your copyrights, you may submit a notice pursuant to the DMCA by providing our Copyright Agent the following information in writing:
Tivvit’s designated DMCA copyright agent to receive notices of infringing material is:
TIVVIT
Attn: Designated Agent
12100 Wilshire Blvd., Ste. 1540
Los Angeles, CA 90025
(650) 440 9140
Only DMCA notices should go to our DMCA Copyright Agent. You acknowledge that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid.
Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access to material in response to such a notice, we will make a good-faith attempt to contact the uploader of the affected material so that they may make a counter-notification, also in accordance with the DMCA. We may also document notices of alleged infringement on which we act. Your complaint will also be filed and retained in accordance with the document retention policy of Tivvit.
Please be advised that you may be liable for damages if you materially misrepresent that a post, product or activity is infringing your copyrights.
Counter-Notification
A Tivvit user who provides allegedly infringing material that is removed or disabled pursuant to the procedures above may make a counter-notification pursuant to the DMCA.
To file a counter-notification with us, you must send a written communication to our designated Copyright Agent (contact information as shown above) that contains the following details:
Please note that you may be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
When we receive a counter-notification, we will notify the copyright owner and provide them with a copy of the counter-notification. Upon receipt of a counter-notification, we will reinstate or replace the affected content no less than ten and no more than fourteen business days following receipt, unless our agent receives notice that the copyright owner has filed an action seeking a court order to prevent you from engaging in the infringing activity.
Account Termination / Repeat Infringer Policy
Tivvit will, in appropriate circumstances, terminate the account of a user who is a repeat infringer. If you believe that a Tivvit user is a repeat infringer, please follow the instructions above to contact Tivvit’s agent and provide information sufficient for us to verify that the account holder or subscriber has repeatedly uploaded infringing content.