Terms & Conditions
Last Updated: July 9, 2019
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.
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.
• 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.
Copyright Policy. We expect our users to respect copyrights. We have adopted and implemented the Tivvit Copyright Policy [insert hyperlink – when Katherine provides this] 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.
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.
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.
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.
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 firstname.lastname@example.org. Please forward any questions regarding privacy to email@example.com and other legal matters to firstname.lastname@example.org.