Legal

May 21st 2012 at 17:37

These are the Styletrack.net Terms of Use and Privacy Policy, which are applicable to the service of Styletrack.net, described as Styletrack.net. Styletrack.net is a member of MarketLab, Chamber of Commerce, no. 08146069, and has its registered office in Lochem, VAT number 821903433B01.  

We recommend you to read these Terms of Use with due care so that you are aware of your rights and obligations when you make use of Styletrack.net. By using the Styletrack.net website - accessible via Styletrack.net, Styletrack.nl and Styletrack.me and via other means, for instance via other (mobile) devices and the Styletrack.net API, - in any way whatsoever, you accept to being bound to these Terms of Use. This also means that you guarantee that someone who is using Styletrack.net on your computer will also comply with these Terms of Use. Styletrack.net is entitled to amend these Terms of Use at any time without notifying the users of this. The most current Terms of Use can be viewed on the Website. If you continue the use of Styletrack.net after one or more amendments to the Terms of Use, this will imply that you accept this (these) amendment(s) irrevocably. It is therefore sensible to view these Terms of Use regularly.  

1. Styletrack.net service

1.1 Styletrack.net provides a social network by means of a communications platform on the Internet through which registered users post images of themselves or their friends in their favourite/daily/most despised outfits and provide them with any kind of information, e.g. label, fabric, date/place/store of aquisition. Everybody else can look at them. Registered users can comment on them, forward them, search them by categories, names, wardrobe details. When using the service, conduct and morality have to be observed at any time. Feigning an identity as well as insulting, disparaging or racist statements are contradictory to the idea of the service and are therefore prohibited.

1.2 Styletrack.net does not regulate the communication between users mutually or between users and the Styletrack.net service as to its content. Therefore Styletrack.net has no control over the quality, safety, lawfulness, integrity or accuracy of the various parts of the service. Styletrack.net is not liable for the acts or omissions of its users including the files, data and/or materials they make available on the Styletrack.net website. Therefore Styletrack.net does not give warranties with regard to the content of files, data and/or materials provided by users.  

2. Account/profile

2.1 In order to be able to use Styletrack.net, you apply for your own account in the manner described on the Website. Styletrack.net may at its own discretion decide whether or not to provide you with an account.

2.2 You guarantee to Styletrack.net that the information provided by you to Styletrack.net, is complete, truthful and accurate including your personal details such as your name and email address. You agree that we save your details and use them in connection with the management of your account. Please consult our Privacy Statement [hyperlink] in that regard.

2.3 If you are not yet sixteen (16) you may only create an account subject to the prior consent of your parents or guardian. By accepting these Terms of Use you guarantee that you are aged sixteen (16) or over or have the consent of your parents or guardian to create an account.

2.4 You may not create accounts in the name of another person, unless that other person has granted his/her consent to do so.

2.5 You yourself are responsible for keeping the password of your account confidential to others and you will not grant others access to Styletrack.net by using your account. You are liable for everything that happens because of others using your account with or without your consent or knowledge in the period prior to the time that you inform us of any unauthorised use.

2.6 You can terminate your account at any required time according to the procedure as described in the help section.

2.7 Profiles are for persons only. Profiles of companies will be deleted.  

3. Use of the Website

3.1 You guarantee to Styletrack.net that you are entitled to make use of the Website and to act in accordance with these Terms of Use. You also guarantee to Styletrack.net that you will at all times perform the obligations under these Terms of Use and that you will observe all laws and regulations governing the use of the Website.

3.2 Without prejudice to the other clauses in these Terms of Use, the activities you carry out within the scope of Styletrack.net may not:

(i) be based on lies and/or be misleading;

(ii) infringe the rights of Styletrack.net or third parties, including but not limited to copyrights, neighbouring rights, trademark rights or any other intellectual property rights or rights relating to the protection of privacy;

(iii) infringe any law, regulation, bye-law or any other applicable regulations;

(iv) contain viruses, Trojan horses, worms, bots or other programmes that may damage, render useless or make inaccessible, delete or appropriate any automated work or data or that are meant to evade the Website's technical protective measures and/or the computer systems of Styletrack.net;

(v) be of a commercial nature, subject to the prior written consent of Styletrack.net; or

(vi) in any other way be unlawful towards Styletrack.net and/or a third party.  

4. Intellectual property  

4.1 You acknowledge and agree that the Website contains files, other content and programmes which are owned by Styletrack.net, licensors and/or users of Styletrack.net and which are protected by applicable intellectual property rights including, but not limited to, copyrights, neighbouring rights, trademark rights and patents.

4.2 Under the conditions set out in these Terms of Use, Styletrack.net grants to you a limited, personal, revocable, non-exclusive, not sub-licensable, non-transferable right to view and/or listen to files made available via the Website in the manner and in the format that these files are made available on the Website. Downloading, copying, altering, disclosing files, data, programs and/or materials, or using them, either directly or indirectly for commercial purposes or any purpose other than those mentioned above is explicitly not allowed, subject to the prior consent of Styletrack.net or the relevant rights holder. This means, inter alia, that substantial parts of the Website may not be extracted or re-utilized and that non-substantial parts of the Website may not be extracted or re-utilized repeatedly and systematically within the sense of the Database Act without prior written consent of Styletrack.net.

4.3 Nothing in these Terms of Use or on the website is meant to transfer any intellectual property rights and/or to grant any intellectual property rights to you. The use you may make of the Website is limited to what has been described in these Terms of Use.

4.4 You herewith declare that you will not perform any acts which infringe on the (intellectual property) rights of Styletrack.net or third parties. You acknowledge and accept that any unauthorised use of files, data and materials vested with intellectual property rights, violates these Terms of Use and applicable legislation including, but not limited to, the Dutch Copyright Act (Auteurswet). Without prejudice to the above, the acts as mentioned in clause 4.2 will also be regarded as an infringement on Styletrack.net' ownership rights in its computer systems. 4.5 It is not permitted to remove, obliterate, hide or change notices or statements with regard to intellectual property rights.  

5. Uploading files/license

5.1 Under the conditions provided in these Terms of Use, in principle you keep the copyrights and other intellectual property rights which you own with regard to the files which you make available via the Website to the Website's visitors.

5.2 You acknowledge and agree that by making files, data and/or materials available to Styletrack.net (by which in these Terms of Use amongst others is meant: uploading them) you automatically grant to Styletrack.net:

(a) a free, unencumbered, worldwide, sub-licensable, non-exclusive license to

(i) use, reproduce, disseminate and publicise the files, data and/or materials in connection with the Styletrack.net service; and

(ii) to use and reproduce (and to allow third parties to use and reproduce) the files, data and/or materials via any medium whatsoever for marketing and/or promotional purposes in connection with the Styletrack.net service;

(b) the right to remove, intentionally or unintentionally, and for whatever reason and also without any reason being given, from the Styletrack.net servers and from the Website any files, data and/or materials made available by you, without Styletrack.net becoming liable to you or a third party in any way whatsoever as a result of such removal.

5.3 The license meant in clause 5.2 expires at the moment you or Styletrack.net removes the respective files, data and/or materials from the Website.

5.4 You acknowledge and agree that the files, data and/or materials you have made available to Styletrack.net, will be used by other users of Styletrack.net. Styletrack.net does not accept any liability for the compliance by the users of Styletrack.net with these Terms of Use. You therefore acknowledge that it might be possible that the files, data and/or materials made available by you to Styletrack.net, are used in a manner which is contrary to or is not provided for in these Terms of Use. Styletrack.net is not liable for any acts by a third party which are contrary to these Terms of Use or any legal provision or other unlawful act of a third party in relation to the files, data and/or materials made available by you.

5.5 You are fully, independently and solely responsible for all use you make of the Website, including - but not limited to - making available files, data and/or materials and sending and sharing files, data and/or materials.

5.6 You guarantee to Styletrack.net that you are the fully entitled party with regard to the files, data and/or materials as meant in clause 5.2 and that you are fully entitled and authorised to grant the license as meant in these Terms of Use. You indemnify Styletrack.net and all its affiliated companies and persons against any claims by third parties based on the allegation that the files, data and/or materials infringe any current (intellectual property) right of third parties or are otherwise unlawful towards third parties and against any claims resulting from your acts in contravention with these Terms of Use. All the costs incurred and damage suffered by Styletrack.net in any way in connection with these claims will be reimbursed by you.

5.7 By making files, data and/or materials available to Styletrack.net, you guarantee that

(a) you are authorised to do so in accordance with these Terms of Use and that you are entitled to grant to Styletrack.net the rights as meant in these Terms of Use;

(b) the files, data and/or materials made available by you do not contravene any law, or infringe any rights of third parties including contractual rights, intellectual property rights, privacy rights and neither are they otherwise unlawful to third parties or Styletrack.net, and that no consent or license is necessary or required from you or any third party for using the files on the Website;

(c) you are not restricted by any lack of competence, restriction or prohibition with regard to your right to act in accordance with these Terms of Use and/or to make files, data and or materials available;

(d) Styletrack.net will not be obliged to make any payment of any nature whatsoever to whomsoever, including persons and parties whose performance or concepts are included in the files, data and/or materials made available by you, or its producer(s), publisher(s) or maker(s) including collective right organisations;

(e) you are exclusively responsible for all the licenses, reports and payment obligations to any third party including, but not limited to, collective right organisations, in connection with the use of the files, date and/or materials made available by you as meant in these Terms of Use.  

6. Prohibited content

6.1 This article enumerates a non-exhaustive list of content you may in any event not make available via Styletrack.net (it being at the sole discretion of Styletrack.net to decide whether certain content is or is not permitted):

(i) Content which is discriminatory as to appearance, race, religion, gender, culture, origin or which can otherwise be called offensive;

(ii) Content which incites to violence against and/or harassment of another person or other persons;

(iii) Content which leads to or is the result of exploitation or abuse of others;

(iv) Content which according to Styletrack.net is contrary to public morality or good taste, is violent or includes a link to pornographic material or pornographic websites, or includes pornographic or erotic material;

(v) Content which asks for personal data of minors and/or makes available personal data of other persons;

(vi) Content which encourages or commits the performance of illegal activities;

(vii) Content which infringes intellectual property rights, privacy rights or any other rights of Styletrack.net or third parties;

(viii) Content which involves chain letters, junk mail or spamming and/or which asks for passwords or other information leading back to persons for commercial or illegal purposes;

(ix) Content which, without the prior written consent of Styletrack.net, involves commercial activity such as advertising, lotteries, contests or pyramid games;

(x) Content which includes a photograph or likeness of another person without that person's consent;

(xi) Content which infringes any law, regulation, bye-law, other applicable regulations or these Terms of Use.  

7. Notice of unlawful content

7.1 Styletrack.net will examine notices of infringement on rights of third parties by users of Styletrack.net and if possible take measures against it. If you are of the opinion that a Styletrack.net user infringes your rights, please inform us of this by sending an email to info@Styletrack.net.

This notice should

(i) include the URL from which the material that in your opinion infringes your rights can be found on the Styletrack.net website;

(ii) include a statement that in your view your rights have been infringed upon and why;

(iii) include contact details where Styletrack.net can contact you, such as your name, address, telephone number and email address;

(iv) include a statement supported by documentary evidence that the information in your notice is accurate and complete and - where it concerns the infringement of intellectual property rights - that you are the owner of the respective intellectual property rights;

(v) - be signed by the owner of the intellectual property rights or the person who is demonstrably authorised to act on behalf of the owner;

(vi) - where it concerns the infringement of intellectual property rights - include a description of the work or works which in your view have been infringed upon with a specification of precisely what the infringement is.

7.2 Styletrack.net reserves the right to forward such notice to the person(s)/or company responsible for the content to which the notice refers.

7.3 If it is evident from the notice that the content is manifestly unlawful, Styletrack.net will remove it or make it inaccessible.

7.4 Styletrack.net reserves the right not to grant a request to remove or make inaccessible content if it has well-founded reasons to doubt the accuracy of the notice or the lawful nature of the evidence submitted or if the content to which the notice refers does not appear to be manifestly unlawful. Within that scope Styletrack.net may for instance require a judicial decision of a competent court in the Netherlands, which decision demonstrates that the content concerned is manifestly unlawful.

7.5 By issuing a notice you indemnify Styletrack.net and all affiliated companies as well as its board, board members, employees, representatives and legal successors against any claim of third parties with regard to removing or making inaccessible information. Such indemnification also covers the damage that Styletrack.net suffers and the costs it incurs or will yet suffer or incur or the costs which Styletrack.net has to incur in relation to such claim, including - but not limited to - reimbursing the costs of legal assistance.

7.6 Styletrack.net will not in any way be a party to any dispute between the person having issued the notice and the user to which the notice refers.  

8. Discontinuation of services

8.1 In addition to the other (legal) remedies at Styletrack.net' disposal, Styletrack.net is at all times, without reasons being given and without prior explanation entitled, to restrict, suspend or discontinue your activities in connection with Styletrack.net temporarily or permanently, to discontinue and/or remove your account temporarily or permanently, to remove files, data and/or materials, to send out a warning and refuse to provide services to you, particularly, but not limited to, in the event that:

(i) you act contrary to these Terms of Use;

(ii) we hold the view that your acts may inflict damage or create liability to yourself, to other users or to Styletrack.net.

Styletrack.net will not have any liability whatsoever in this respect.

8.2 If your use of a paid service of Styletrack.net is terminated, for any reason whatsoever, you are not entitled to a refund of any advance payments. In such cases the payments already made accrue to Styletrack.net.

8.3 Styletrack.net does not guarantee that the Styletrack.net service will be available at all times and without interruption or breakdowns.  

9. Privacy

9.1 By using the Website you are bound by our Privacy Statement.  

10. Content of third parties

10.1 It is possible that the Website contains applications, content and services of third parties and/or links to websites of third parties ("Content of Third Parties"). The inclusion or present of Content of Third Parties on the Website does not imply that Styletrack.net has approved and/or checked such Content. Styletrack.net is not responsible for the content and manner of operation of Content of Third Parties or for any use thereof by the users of the Website.

10.2 The API terms and conditions of Styletrack.net apply to applications of third parties on the Website.

10.3 The applicable terms and conditions of third parties apply to the products and services offered by those third parties.  

11. Liability

11.1 Styletrack.net does not accept any liability for damage resulting from an attributable failure in the performance of the agreement to provide services, including but not limited to damage resulting from or in connection with the use of the Website or the impossibility of using it and/or any associated services of Styletrack.net or an unlawful act or otherwise, insofar as permitted under mandatory law.

11.2 Insofar any liability rests with Styletrack.net based on such provisions, the liability will at all times be limited per event (whereby a series of related events will be regarded as one single event) to the payments actually made by you to Styletrack.net in the current calendar year (exclusive of BTW) for the products and/or services from which the liability of Styletrack.net ensued.

11.3 Styletrack.net will never be liable for any consequential damage including clear financial loss, loss of turnover and profit, loss of data and immaterial damage, resulting from or in connection with the services rendered by Styletrack.net and/or your use of the Website.

11.4 A prerequisite for the right to damages is that you will at all times report the damage to Styletrack.net as soon as possible after suffering it. Any claim to damages against Styletrack.net lapses 12 months after the claim arises.

11.5 This restriction of liability does however not mean that Styletrack.net excludes any liability for intent and/or gross negligence on the part of Styletrack.net ("own actions") itself and/or the Styletrack.net board.  

12. Miscellaneous provisions

12.1 These Terms of Use include all the arrangements made by the parties in this connection. They replace all arrangements and agreements made previously which the parties have made or formed in this connection. Verbal statements, promises or arrangements have no legal effect unless they have been confirmed in writing.

12.2 Without prejudice to any existing statutory obligations on the part of Styletrack.net to retain the agreement between you and Styletrack.net in connection with the use of the Website, Styletrack.net does not have to keep any archived agreement accessible for you.

12.3 If one or more provisions of these Terms of Use are null and void or are annulled, the remaining provisions will remain in full force and effect.

12.4 These Terms of Use are governed by Dutch law. Any and all disputes resulting from this agreement will exclusively be submitted to the competent courts in Amsterdam.

STYLETRACK.NET PRIVACY POLICY

By accessing Styletrack.net, you accept this Privacy Policy and you expressly consent to our use and disclosure of your personal information in the manner described in this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use.

Styletrack.net consists of a network of friends with at least one thing in common: FASHION. We deal with your information as you would expect from friends. So Styletrack.net takes your privacy very seriously and will deal with your information with due care. This document sets out our Privacy Policy. The conditions apply to members of Styletrack.net as well as non-members. We therefore recommend that you read this Privacy Policy carefully.

1. Who is Styletrack.net?

Styletrack.net is a trade name of the Marketlabs V.O.F., with its registered office in Lochem(The Netherlands). Styletrack.net is listed at the Dutch Chamber of Commerce under number 08146069. The manner in which your personal details are saved and used has been reported to the Dutch Data Protection Authority under number 1328365.

2. Styletrack.net account

In order to be able to make optimum use of the Services offered by Styletrack.net, you have to create a personal Styletrack.net account. When you create such an account, you complete certain information about yourself. You are not obliged to provide all the details, only your name and surname, e-mail address and user name are obligatory. This information is sufficient in order to be able to use Styletrack.net. But it might be the case that you cannot use certain Services without providing more information about yourself. You can always adjust the information you have provided.

During the creation of your Styletrack.net account you can indicate what your interests are as part of your profile. This is useful for other users who are viewing your profile but also for Styletrack.net because in this way we will be better able to adjust Styletrack.net to your wishes. You can also indicate when you create your Styletrack.net account that you want to receive information from third parties.

Automatically Generated Data

Styletrack.net also collects automatically generated information about your surfing behaviour during your use of Styletrack.net. This information consists for instance of your IP address (number of your computer making it possible to recognise your computer), the browser type (computer program to enable the viewing of internet pages) that you use, the pages you visit and "cookies".

3. What are cookies and how is Styletrack.net using them?

In order to perform the Service Styletrack.net uses cookies saved by your browser on your computer. Cookies are little bits of information sent by our server to your server with the aim that on your next visit this information is again returned to our server. These little text files are saved on the hard disk or in the memory of your computer. Cookies can also be used to prevent you seeing a certain advert too often. Cookies cannot damage your computer or the files stored on your computer.

Information is stored in the cookies (such as the settings of your PC and the preferences indicated by you) in order to make any next use of Styletrack.net easier. Apart from your IP address this information does not include a name or address details or other personal details. You can adjust your browser so that you don't receive any cookies during your next use of Styletrack.net. However, in that case it may happen that you cannot use all the opportunities of Styletrack.net or that you don't have access to (parts of) Styletrack.net.

If you do want to make use of cookies, make sure that you log out if you leave a public computer. Also keep your password secret in order to avoid others using your Styletrack.net Account without your consent.

4. For what purposes will Styletrack.net use information about you?

Purposes

Styletrack.net will use information about you for the following purposes:

• to communicate with you about Styletrack.net and to send information to you about our own services such as Styletrack.net updates;

• to adjust Styletrack.net to your wishes and needs;

• for protection purposes and to formulate rendered anonymous statistical data;

Use by Styletrack.net

We really dislike spam, and assume that you dislike it as well. We will therefore only trouble you in exceptional cases with information about Styletrack.net expansions. In case you do not appreciate receiving such e-mails, you can set this via 'My Profile' on our site.

Styletrack.net uses the information about you to let Styletrack.net respond better to your wishes and needs. It can for instance be used to make sure that you will see adverts better suited to you. We're trying to match adverts and campaigns to your profile. For instance we try to prevent male Styletrack.net members receiving adverts for sanitary towels and female Styletrack.net members receiving adverts for razor blades. (Men who are nevertheless interested in sanitary towels, can indicate this).

As stated above, your IP address is also included in the automatically generated data. Styletrack.net records these addresses in order to determine the computers from which Styletrack.net is visited to protect attempts at hacking. But when Styletrack.net members are harassed or with regard to fake profiles of existing persons we can also use these data to retrieve the perpetrators. Styletrack.net also uses the automatically generated data for drawing up rendered anonymous user statistics. Styletrack.net may provide automatically generated data, including your IP-address, to third parties that draw up user statistics for Styletrack.net and that perform web analyses.

Use by third parties

Only if you have given explicit consent to this end, will Styletrack.net be able to send you an e-mail message from a third party so that you will be able to receive interesting offers and discounts from Styletrack.net' partners free of charge. Examples are: discount at clothing stores, free tickets for fashion shows and competitions for trips to (for example) Ibiza.

We are trying to bring the offers in line with your profile. In that connection your IP address can be provided to third parties. Not more than once or twice per month you may receive an e-mail from a partner of Styletrack.net. You can always withdraw or grant your consent via your Styletrack.net account.  

For the rest Styletrack.net will only provide your details to third parties if we are obliged to do so on the basis of legal provisions. We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, potential threats to the physical safety of any person, violations of our Terms of Use, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability or is necessary to exercise our legal rights or defend against legal claims. We can (and you authorize us to) disclose any information about you in response to subpoenas, court orders, legal process, governmental investigative demands or where we believe, in our sole discretion, disclosure is necessary to comply with the law.

5. In what manner does Styletrack.net protect your personal information?

Styletrack.net will take suitable technical and organisational measures to protect your (personal) details against loss or against any form of unlawful processing. For instance passwords are saved in a coded form so that nobody has access to it even at Styletrack.net Headquarters.

6. Examination and improvement of your own details

You can always view your own (personal) details and if necessary change them in your account.

7. What is the scope of Styletrack.net' responsibility?

Styletrack.net may include hyperlinks (for instance in banners) via which you leave Styletrack.net and end up on the websites of another party. Styletrack.net has no power over the websites of third parties to which you are linked. So it may be the case that a different privacy policy is applicable to the use of these third party websites. This Privacy Policy only relates to (personal) details which have been obtained via the Styletrack.net website. Styletrack.net does not accept any responsibility or liability for (the operation and/or contents of) websites of third parties.

Moreover, the fact remains that Styletrack.net gives third parties the opportunity to develop applications on the basis of the Styletrack.net API. These are, in short, applications making use of Styletrack.net. These applications are made by third parties not affiliated to Styletrack.net. So they are not made by, for or on behalf of Styletrack.net. Styletrack.net has no influence on the operation of these applications or what happens to your data if you use such an application. So if you give an application consent for the use of your (personal) details, this will be outside the responsibility of Styletrack.net. You can always withdraw any consent you have given.

8. Are minors allowed to use Styletrack.net?

In principle everybody can use Styletrack.net and everybody can create a Styletrack.net account. However, it is important that special legal rules apply to persons who are not yet sixteen (16). If you are not yet sixteen (16) you are required to obtain the consent of your parents or guardian before you create a Styletrack.net account. By accepting this Privacy Policy you guarantee that you are at least sixteen (16) years of age or have the consent of your parents/guardian to create an account.

9. Can this Privacy Policy be changed?

It may happen that the privacy policy is extended or amended in future. This will then be shown on this page so it is a good thing to look at this page regularly. We may change this Privacy Policy from time to time based on changes in the law, your comments, or our need to accurately reflect our data collection and disclosure practices. We will notify you about significant changes in the way we treat personal information by sending you a notice via email or by placing a prominent notice on our Site.

10. Any queries?

Privacy is a sensitive point, and rightly so. I hope it is clear that this is extremely important to us. If you have any queries, please don't hesitate to contact us here

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