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This agreement contains the terms and conditions that apply to your participation on StyledProfile's websites StyledProfile.com and or StyledProfile, known hereafter as "StyledProfile".
THIS IS A LEGALLY BINDING AGREEMENT. YOU WILL BE ASKED WHETHER OR NOT YOU AGREE TO ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS, PLEASE INDICATE "I DO NOT ACCEPT THESE TERMS," AND THE APPLICATION PROCESS WILL TERMINATE.
1. Enrollment
To enroll in the StyledProfile you must fill out the registraion forms and pay any applicable fees.
We may reject your application if we determine (in our sole discretion) that your content is unsuitable for the any or no reason, including, but not limited to, inclusion of content that is in any way unlawful, or violates copyrights, trademarks, or any other intellectual property laws.
2. Our Responsibilities
We will be responsible for providing the information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for:
(i) creating and maintaining the code necessary to display Interactive Services product to include but not limited to Instant Messenger, Message Boards, Surveys, Guestbooks, Polls; (ii) Storing responses and posts to Interactive Services product to include but not limited to Instant Messenger, Message Boards, Surveys, Guestbooks, Polls.
3. Publicity
You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our written consent.
4. Terms of Agreement and Termination
The term of this Agreement will begin upon our acceptance of your registration and will end when terminated by either party. Either you or StyledProfile may terminate this Agreement at any time, with or without cause, by not paying for services when your previously paid time period expires.
5. Modification
We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. Modifications may include, but are not limited to, payment procedures. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
6. Relationship of Parties
You and StyledProfile are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any representations regarding the association of StyledProfile with you.
7. Disclaimers
NEITHER StyledProfile, INC. NOR ITS SUPPLIERS MAKES ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY StyledProfile PRODUCTS SOLD (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, NEITHER StyledProfile, INC. NOR ITS SUPPLIERS MAKE ANY REPRESENTATION THAT THE OPERATION OF THE StyledProfile, INC. SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND NEITHER StyledProfile, INC. NOR ITS SUPPLIERS WILL BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
8. Representations and Warranties
You represent and warrant to us that: (i) you have the right and authority to enter into this Agreement and perform your obligations under the Agreement; (ii) you are the sole and exclusive owner of the trademarks provided for in this Agreement; (iii) you are an adult of at least 18 years of age.
9. Confidentiality
You agree that all customer information related to the StyledProfile belongs to us. You agree to protect as secret all StyledProfile customer information and business and sales information related to us, you, or our suppliers (collectively, "Information"), not to disclose Information to any third parties, and not to use Information for any purpose other than the purposes of this Agreement. You agree to protect Information using methods at least as protective as those you use to protect your own information of a confidential nature, but in no event, using less than a standard of reasonable care.
10. Limitation of Liability
NEITHER StyledProfile, INC. NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOU WAIVE ALL RIGHTS TO ANY CLAIMS FOR ANY SUCH DAMAGES. FURTHER, THE AGGREGATE LIABILITY OF StyledProfile, INC. AND ITS SUPPLIERS WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL PAYMENTS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
11. Indemnification
You agree to indemnify and hold harmless StyledProfile, Inc. and its subsidiaries, and suppliers, and their directors, officers, employees, and shareholders, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, ("Losses") insofar as such Losses, or actions in respect of Losses, arise out of or are based on (i) any claim that our use of trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you, or (iii) any claim related to your content.
12. Uncontrollable Circumstances
StyledProfile.com's performance under this Agreement shall be excused to the extent that its performance is hindered, delayed or made commercially impractical by causes beyond its reasonable control.
13. Governing Law
This Agreement will be governed by the laws of the United States and the State of Florida, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in the federal or state courts located in Broward County, Florida, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.
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TERMS OF SERVICE
