Welcome to The Stīl Trust web application (the “App”), which is operated by Top Stylist Inc. (“The Stīl Trust,” “we” or “us”). The services (“Services”) we provide in connection with the App include but are not limited to providing expert and personalized fashion and styling advice to the App user (“You” or “Client”). Use of the App or Services offered by us is provided to You subject to the following Terms of Use Agreement. These Terms of Use, together with any additional terms and conditions posted on our Website (www.thestiltrust.com), and the Privacy Policy as incorporated herein by reference, are referred to as the "Terms of Service". We reserve the right, in our absolute discretion, to change or modify any or all of the Terms of Service at any time, effective immediately upon the posting of the revised Terms of Service.
These Terms of Service form a legally binding agreement between The Stīl Trust and You that governs your use of the App and/or our Services. Please read them carefully, as by using the App and/or our Services, you agree to be bound by them. Please also review our Privacy Policy, which also governs your use of the App and/or our Services, to understand our practices.
Your continued use of the App and/or our Services following the posting of the updated Terms of Service means You agree to any such changes.
If you have any questions about these Terms of Service, please contact us via email at info@thestiltrust.com.
Accounts
To become a Client, You must provide your full name, phone number, email address and/or other registration information, and select a password ("Account Information"), which should not be shared with any third parties. In becoming a Client, You represent and warrant the following: (a) all required Account Information submitted by You is truthful and accurate, and (b) You will maintain the accuracy of such Account Information. We may also ask You for additional information about your size, fit, and style preferences in order to establish your style profile ("Style Profile"). In order for the Services to work best for You, please keep your Style Profile up to date. Please also keep your Account Information confidential. If someone accesses our Services using your Account Information, we will assume that it is You or someone You have authorized to access the Services. You are solely responsible for any and all use of your Account Information and all activities that occur under or in connection with your Account. We reserve the right to take any action we deem necessary to preserve the security of the Services and your Account, including but not limited to terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account. You may not use anyone else's Account at any time without the express authorization of the Account holder. Please notify us immediately if You become aware that your Account Information is being used without your authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years of age or older to be a Client. If we later discover or suspect that You are under the age of 18, we reserve the right to take any appropriate action including the termination of your Account.
The collection and use of all information submitted in connection with the creation of an Account is subject to the terms of our Privacy Policy.
Content
Content from other users, suppliers, advertisers and/or any other third parties may be made available to You through the App and/or our Services. Because we do not control such content, You agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers and/or any other third parties or violation of any third party rights related to such content. Our Services may contain links and products from websites not operated by us, including but not limited to the websites of the brands we may include in our Services. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links and products for your convenience only and we do not control such websites. Our inclusion of links and products from such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. It is your responsibility to review the privacy policies and terms of use of any other website You visit. You agree that in no event will we be liable to You in connection with any websites, content, products, materials, or practices of any third party.
Pursuant to the Digital Millennium Copyright Act (“DMCA”), if You believe that matters on the App has infringed your copyright, please provide the following information in writing to our Copyright Agent at asbasia.m@thestiltrust.com or 324 S Beverly Drive, Ste 487
Beverly Hills, CA 90212 (see 17 U.S.C. Section 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
A description of the copyrighted work that You claim has been infringed.
A description of the material that You claim to be infringing or to be the subject of infringing activity and information sufficient to permit us to locate the material.
Your address, telephone number and e-mail address.
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the information in your notification is accurate and that You are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
If You believe that any content or materials You posted, uploaded or submitted to the App and that were subsequently removed, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to our Copyright Agent (see 17 U.S.C. Section 512(g) for further detail)
Your physical or electronic signature.
A description of the materials that have been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address and telephone number, and a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that You will accept service of process from the person who provided notification of the alleged infringement.
Only DMCA notices should be sent to our Copyright Agent. For other comments or questions regarding the Site, please contact us at info@thestiltrust.com.
Fees
We collect fees from Clients in the following ways:
Styling: The Stīl Trust may charge a styling fee for styling services. The amount and details of the styling fee will be available on the App.
Subscription Styling: The Stīl Trust may offer monthly and/or seasonal subscription services where Clients pay in advance for styling services.
Payments
We may use a third-party payment processor or work with a third party vendor (the "Payment Processor"). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. We reserve the right to correct any errors or mistakes even if the Payment Processor has already requested or received payment.
Payment Method
The terms of your payment will be based on your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, via the Payment Processor, do not receive payment from You, You agree to pay all amounts due on your applicable purchase upon demand.
Current Information Required
You must provide current, complete and accurate information for your payment method. You must promptly update all information to keep your payment method current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your payment method is canceled (e.g., for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name/password.
Referrals
The Stīl Trust may offer you opportunities to earn a referral credit through a referral program (“Referral Program”). The details of how You might do so are explained on the App. Any referral credits will be applied automatically to your Account, and are not exchangeable for cash.
We reserve the right to modify, suspend, or terminate the Referral Program and to void any referral credits upon notice to You. We may provide such notice in any way compliant with applicable law including via email to the last email address you provided to us, by amending these terms or posting a change to the Referral Program on the App. All referral credits are voided immediately upon termination of the Referral Program or the closing of your Account.
Intellectual Property
You understand, acknowledge and agree that the software, code, and proprietary methods and systems contained in the App and/or used to provide our Services (“Our Technology”), and the materials, information, and content made available or displayed by us through the App and/or our Services (collectively, “Our Content”) are: (a) copyrighted by us or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. Subject to these Terms of Use, we grant You a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, non-commercial use (a) of the App on any compatible device that You own or control, and (b) the other aspects of the Services. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and You may not remove or alter any such notice, information, or restriction. Nothing in these Terms of Use grants You any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the App and/or our Services according to these Terms of Use. Furthermore, except for the limited license above, nothing in these Terms of Use will be deemed to grant, by implication, estoppel, or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed in the App and/or in our Services constitute trademarks, trade names, service marks, or logos (“Marks”) of The Stīl Trust or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use our Marks. Any use of third party software provided in connection with the App and/or our Services will be governed by such third parties’ licenses and not by these Terms of Use.
Content
Please use your best judgment in any and all content, including text, links, images, and videos, you may post (“Your Content”) to the App, in our forums, comments to our blog, or on any other sites or website related to The Stīl Trust. We reserve the right, but do not undertake an obligation, to review Your Content, and to investigate and/or take appropriate action against You or Your Content in our sole discretion if You violate the guidelines below or any other provision of these Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying Your Content, terminating your Account and/or reporting You to law enforcement authorities.
You are solely responsible for Your Content. You assume all risks associated with use of Your Content. You understand that we do not guarantee any confidentiality with respect to Your Content. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if You desire. We will not be liable for the deletion or accuracy of Your Content; the failure to store, transmit, or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. We reserve the right in our sole discretion to pre-screen, refuse, or remove Your Content at any time for any reason. Please make sure that You only provide information to the Services that You are allowed to share without violating any obligations You may have to a third party.
We do not claim any ownership of Your Content. By making available Your Content on or in the App, you represent that you own or have all rights necessary to make available Your Content to us. You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, providing and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
GENERAL RULES OF USER CONDUCT
You agree not to (i) take any action or (ii) make available any content on or through the App and/or our Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.
RIGHT TO SUSPEND
The Stīl Trust reserves the right, in our discretion, to suspend your Account, the use of the App and/or your use of the Services at our sole discretion including, as necessary to protect the security or operation of the App and/or our Services.
FEEDBACK
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the App or our Services (collectively “Feedback”), You agree we may use the Feedback to: (a) improve the App and/or our Services (b) promote the App and/or our Services, and that You will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and You agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether You provide the Feedback on the App and/or our Services or through any other method of communication with us, unless we have entered into a separate agreement with You that provides otherwise.
MODIFICATIONS TO THE SITE OR SERVICES
We reserve the right to modify or discontinue the App and/or our Services with or without notice to You. We will not be liable to You or any third party should we exercise our right to modify or discontinue the App and/or our Services. If You object to any such changes, your sole recourse will be to cease access to the App and/or our Services. Continued access to the App and/or our Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the App and/or our Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the App and/or our Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the App and/or our Services.
Representations, Warranties and Limitation of Liability
THE APP AND ALL INFORMATION, CONTENT, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OUR LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS PAID BY CLIENT TO STIL TRUST FOR THE SERVICES, DELIVERABLES OR WORK PRODUCT GIVING RISE TO SUCH LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP; FROM ANY INFORMATION, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP AND/OR SERVICES INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES; IN CONNECTION WITH OUR USE OF ANY CONTENT THAT YOU POST TO THE APP; OR IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IF YOU POST ANY CONTENT, IMAGES, COMMENTS, PHOTOGRAPHS OR OTHER CONTENT TO THE APP, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO DO SO, AND WILL INDEMNIFY US AGAINST ANY AND ALL LEGAL CLAIMS FROM ANY OTHER ENTITY.
Applicable Laws
These Terms and Conditions shall in all respects be governed by the laws of the state of California, regardless of the laws that might be applicable under principles of conflicts of law.
Dispute Resolution; Informal resolution and formal resolution by arbitration/class action waiver.
Any legal or equitable claim relating to your use of the App and/or our Services will be resolved by binding arbitration conducted under the Federal Arbitration Act, rather than in court, except that You or we may assert claims in small claims court if eligible.
Any arbitration will be conducted by the American Arbitration Association under its rules, including its Supplementary Procedures for Consumer- Related Disputes. The AAA's rules are available at www.adr.org or by calling the AAA at (800) 778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Stīl Trust will seek attorneys' fees and costs in arbitration if the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually agreed location.
If You or we seek arbitration of a dispute, the arbitration action must be initiated and/or demanded within the statute of limitations and within any applicable deadline imposed under the AAA Rules. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at: TopStylist Inc. 324 Beverly Drive, Suite 487, Beverly Hills, California 90212.
Any dispute resolution proceedings will be conducted only on an individual basis and not by a class, consolidated or representative, action. If for any reason, a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
Notwithstanding the foregoing, either You or we may bring an individual action in small claims court. Furthermore, either You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Severability & Non-Waiver
In the event that a provision of these Terms of Service is found to be unlawful or otherwise unenforceable, the Agreement will remain in full force and effect as though it had been entered into without that unenforceable provision being included in it. This arbitration agreement will remain in effect even if You cancel your registration and/or account with us.
The Stīl Trust reserves all rights under these Terms of Service as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms of Service or any applicable law should not be construed as our waiver of the right to enforce that same provision at any time in the future.