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Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. GENERAL TERMS AND CONDITIONS. The web site located at www.stylexplorers.com (the "Website", "Site", "StyleXplorers.com" or "StyleXplorers") is provided by Brands Beyond Borders, LLC, for your and others' personal, non-commercial enjoyment, subject to these terms and conditions of use and all modifications thereto ("Terms and Conditions"), and the rules that may be published from time to time by Brands Beyond Borders, LLC.
By using this site, you have agreed to these Terms and Conditions. Brands Beyond Borders may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on StyleXplorers.com. By using this Website after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions, please do not use this site.
2. PRIVACY POLICY. Information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.stylexplorers.com/privacy_policy
3. USER CONDUCT. This website and any communications service, including the capability to contribute links and other information (each such submission, a "Contribution"), or other interactive service that may be available to you on or through this Website (collectively, the "Services") are provided to you solely for entertainment purposes.
a. By using the Website and Services you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Brands Beyond Borders reserves the right to reject any of your Contributions and to terminate your right to use the Website and refuse any and all current or future use of the Services.
b. Without limitation of the foregoing, you agree not to use the Website or Services to submit any Contribution regarding any products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
c. You also agree that you will not harvest, collect or store information about the users of this Website or the content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
d. You acknowledge that Brands Beyond Borders, LCC and StyleXplorers is not responsible for material submitted to Brands Beyond Borders or posted to StyleXplorers.com by users. Brands Beyond Borders does not pre-screen, monitor, review or edit the Contribution posted by users. However, Brands Beyond Borders and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Contribution, in whole or part, that in Brand Beyond Borders' judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Brand Beyond Borders is not responsible for any failure, non-failure or delay in removing such Contribution. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Brands Beyond Borders. You agree to immediately notify Brands Beyond Borders of any unauthorized use of the Service or any other breach of security that you know or suspect.
4. MODIFICATIONS TO SERVICE. Brands Beyond Borders reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Brand Beyond Borders shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
5. INTELLECTUAL PROPERTY RIGHTS.
a. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including but not limited to Contributions ("Content"), including Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
b. Thus, all Content is the copyrighted property of Brands Beyond Borders and its affiliates or licensors. As between Brands Beyond Borders and you, Brands Beyond Borders is the sole owner of all content on the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto.
c. Unless expressly permitted by Brands Beyond Borders or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal use as follows: you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
d. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
e. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark that has not been expressly authorized by us.
6. INDEMNIFICATION. Upon a request by Brands Beyond Borders, LCC you agree to defend, indemnify and hold Brands Beyond Borders its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Website or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Contribution infringes the rights of any third party). Brands Beyond Borders and StyleXplorers reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Brands Beyond Borders in asserting any available defense.
7. YOUR CONTRIBUTIONS. You acknowledge and agree that Brands Beyond Borders may preserve any Contribution and may also disclose your Contribution if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms and Conditions; (c) to respond to claims that any Contribution violates the rights of third-parties; or (d) to protect the rights, property, or personal safety of Brands Beyond Borders its users or the public.
a. You understand that the technical processing and transmission of the Website, including your Contribution, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Brands Beyond Borders assumes no responsibility for the deletion or failure to store Contributions or other information submitted by you or other users to StyleXplorers.com.
b. Any or all Content on the Website may be purged periodically at Brands Beyond Borders' sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by Brands Beyond Borders or submitted to Brands Beyond Borders. You further acknowledge and agree that the views expressed on the Website do not necessarily reflect the views of Brands Beyond Borders and Brands Beyond Borders does not support or endorse Content (including any Contribution, whether or not edited by Brands Beyond Borders or its designee or presented on the Website edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
8. RESTRICTIONS ON USE OF MATERIAL. The content on this Website is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Website for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Website. Only if you obtain prior written consent from us-and from all other entities with an interest in the relevant intellectual property-may you publish, display or commercially exploit any material from the Website. To seek our permission, you may write to us at our address provided below. If we and all other entities with an interest in the relevant intellectual property grant such permission, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Website.
9. UNSOLICITED MATERIALS. In operating this site, Brands Beyond Borders does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or Brands Beyond Borders mail and e-mail addresses, or in any other way. Any information or material submitted or sent to StyleXplorers.com or Brands Beyond Borders will be deemed not to be confidential or secret. By submitting or sending information or other material to StyleXplorers.com or Brands Beyond Borders you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set forth above ("User Conduct").
10. USER'S GRANT OF LIMITED LICENSE. Brands Beyond Borders does not claim ownership of Content you submit or make available for inclusion on the Service. However, by communicating with Brands Beyond Borders, including submitting or sending Content, a Contribution, correspondence or other information or material to StyleXplorers.com, you grant StyleXplorers and Brands Beyond Borders the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Brands Beyond Borders feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Brands Beyond Borders. You also warrant that any "moral rights" in posted materials have been waived.
11. LINKED SITES. You may be able to link to third parties' Sites ("Linked Sites") from StyleXplorers.com or StyleXpertise.com. Linked Sites are not, however, reviewed, controlled, or examined by Brands Beyond Borders in any way and Brands Beyond Borders is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Brands Beyond Borders' endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, and security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Brands Beyond Borders be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. Brands Beyond Borders reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or to introduce different features or links to different users.
a. The linked Sites may contain content and graphics that contain sexually explicit material unsuitable for minors, or that may otherwise be offensive. If you enter these linked Sites, you assert that you are of legal adult age in your jurisdiction to view such materials and that the viewing, reading, and/or downloading of content from these linked Sites does not violate the community standards of your locality city, town, county, state, province, country or other community to which you belong, and/or from which you access these linked Sites.
b. Permission must be granted by us for any type of link to StyleXplorers.com. To seek our permission, you may write to Brands Beyond Borders or StyleXplorers. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Website, at our discretion at any time.
12. DEALINGS WITH ADVERTISERS. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Brands Beyond Borders shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
13. PARENTAL PERMISSION. This Website is not intended for use by children under sixteen (16) years of age, and Brands Beyond Borders does not knowingly collect personal information from children under sixteen (16) years of age. Some of the available information may concern certain topics that may not be appropriate for children. Brands Beyond Borders may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Brands Beyond Borders may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.
14. DISCLAIMER OF WARRANTIES.
a. THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, BRANDS BEYOND BORDERS, LCC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b. THIS DISCLAIMER OF LIABILITYAPPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
c. BRANDS BEYOND BORDERS, LCC DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
d. BRANDS BEYOND BORDERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE. YOU (RATHER THAN BRANDS BEYOND BORDERS OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
e. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY.
a. IN NO EVENT WILL BRANDS BEYOND BORDERS, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF BRANDS BEYOND BORDERS OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE.
b. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BRANDS BEYOND BORDERS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
16. COPYRIGHTS AND COPYRIGHT AGENT. We respect the intellectual property rights of others, and require that the people who use the StyleXplorers.com Website do the same.
a. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Brands Beyond Borders address mentioned below:
(i) Your name, address, telephone number, and e-mail address;
(ii) A description of the copyrighted work that you claim has been infringed;
(iii) A description of where the alleged infringing material is located;
(iv) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(v) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(vi) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
b. We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question. Therefore, please provide proof of copyright registration in the image or text concerned, OR, absent such registration, other evidence to support your claim that you own the copyright in the image or text.
c. Please note that you may be held liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our site infringes your copyright.
d. Brands Beyond Borders address (to be contacted only for copyright matters; for all other inquiries, please contact us here):
Brands Beyond Borders
info [ at ] brandsbeyondborders [ dot ] com
17. APPLICABLE LAWS / JURISDICTION.
a. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or any other country in which you reside.
b. Notwithstanding local rules or laws regarding your use of the Website, you agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with Brands Beyond Borders or relating in any way to your use of the Website shall be in the federal or state courts located in San Diego, California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving Brands Beyond Borders or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.
c. We operate the Website from our offices in San Diego, California, USA and Utrecht, The Netherlands. We do not represent that materials on the Website are appropriate or available for use outside of San Diego, California, USA or Utrecht, The Netherlands. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
18. INQUIRIES. Any inquiries concerning these terms and conditions of use should be directed to us through our contact form.
19. PROVISIONS UNENFORCEABLE OR INVALID. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
20. THIRD PARTY BENEFICIARIES. Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary.
21. ASSIGNMENT. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Brands Beyond Borders may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please contact us at:
Brands Beyond Borders
700 West E Street
Suite 2201
San Diego, California
USA 92101
info [ at ] brandsbeyondborders [ dot ] com
info [ at ] stylexplorers [ dot ] com