Terms of Use Agreement (“AGREEMENT”)
DJ Networks, Inc. (“DJN” or “we”) operates StreetStyle.com, a DJN-branded URL and registered trademark of DrJays.com, a wholly owned subsidiary of DJN. (All features, services, content and applications offered from time to time by StreetStyle.com are collectively referred to as “StreetStyle.com Services”). All of StreetStyle.com Services are hosted in the United States.
This Agreement sets forth the legally binding terms for your use of StreetStyle.com Services. By using StreetStyle.com Services, you agree to be bound by this Agreement, if you are either;
A. a "Visitor" (meaning that you simply browse the StreetStyle.com Website, or otherwise use the StreetStyle.com Services without being registered) or:
B. a "Member" (which means that you have registered with StreetStyle.com).
For purposes of this Agreement, the term "User" refers to either a Visitor or a Member.
This Agreement includes StreetStyle.com’s policy for acceptable use of the StreetStyle.com Services and Content (as defined in Section 5 below) posted on StreetStyle.com Services and your rights, obligations and restrictions regarding your use of the StreetStyle.com Services and Content posted on StreetStyle.com Services. Unless otherwise provided by the additional terms and conditions applicable to the StreetStyle.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. Upon request, you may receive a copy of this Agreement by emailing us at: [email protected] with the subject: Terms of Use Agreement.
We may modify this Agreement from time to time and such modification shall be effective upon our posting on the StreetStyle.com website. Your continued use of StreetStyle.com Services after we post a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Your StreetStyle.com profile may not include any form of Prohibited Content, as outlined in Section 7 below. However information, materials, services or products supplied by other Users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and We therefore assume no responsibility or liability for this material. If you become aware of misuse of StreetStyle Services by any person, please send an e-mail to: [email protected]
We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of StreetStyle.com Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the StreetStyle.com Services if We determine, in our sole and absolute discretion, that you have violated this Agreement or pose a threat to StreetStyle.com and/or its Users.
1. Term. This Agreement and all posted revisions to this Agreement, shall remain in full force and effect while you use StreetStyle.com Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, the terms of this Agreement will remain in effect.
2. Eligibility. Use of StreetStyle.com Services and registration to be a Member for StreetStyle.com Services (“Membership”) is void where prohibited. By using the StreetStyle.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older and have the permission of your parent(s) or legal guardian to post content if you are under the age of 18; and (d) your use of StreetStyle.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
3. Password. When you sign up to become a Member, you will also be asked to choose a password. You will be entirely responsible for maintaining the confidentiality of your password and are solely responsible for any and all use of your account. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify StreetStyle.com immediately if you suspect any unauthorized use of your account or access to your password.
4. Use by Members. StreetStyle.com Services are for the personal use of Members and may be used for promotional purposes as well. However, direct commercial endeavors may only be used if they are specifically endorsed or authorized by StreetStyle.com. We reserve the absolute right to remove commercial content in our sole discretion. Illegal and/or unauthorized use of StreetStyle.com Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the StreetStyle.com website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. We reserve the right to take appropriate legal action for any illegal or unauthorized use of StreetStyle.com Services.
5. Proprietary Rights in Content on StreetStyle.com
A. We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through StreetStyle.com Services. After posting your Content to StreetStyle.com Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through StreetStyle.com Services, you are granting to StreetStyle.com a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through StreetStyle.com Services, including without limitation distributing part or all of the StreetStyle.com Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the StreetStyle.com Website. This limited license does not grant StreetStyle.com the right to sell or otherwise distribute your Content outside of the StreetStyle.com Services. After you remove your Content from the StreetStyle.com Website we will cease distribution as soon as practicable, and at the time when distribution ceases, this license will terminate. If, after we have distributed your Content outside the StreetStyle.com Website you then change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the StreetStyle.com Website as soon as practicable after you make the change.
B. The license you grant to StreetStyle.com is non-exclusive, fully-paid and royalty-free, sub-licensable and worldwide.
C. You warrant and represent that:
- (i) you own the Content posted by you on or through StreetStyle.com Services or otherwise have the right to grant the license set forth in this Section 5, and;
- (ii) the posting of your Content on or through StreetStyle.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
- (iii) You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through StreetStyle.com Services.
D. Streetstyle.com Services contain Content of StreetStyle.com ("StreetStyle.com Content"). StreetStyle.com Content is protected by copyright, trademark, patent, trade secret and other laws, and We own and retain all rights in the StreetStyle.com Content and the StreetStyle.com Services. We hereby grant you a limited, revocable, nonsublicensable license to reproduce and display the StreetStyle.com Content (excluding any software code) solely for your personal use in connection with viewing the StreetStyle.com Website and using StreetStyle.com Services. We also perform technical functions necessary to offer StreetStyle.com Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout StreetStyle.com Services.
E. StreetStyle.com Services contain Content of Users and other StreetStyle.com licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through StreetStyle.com Services.
6. Content Posted.
A. We may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of DJN violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. DJN assumes no responsibility for monitoring the StreetStyle.com Services for inappropriate Content or conduct. If at any time DJN chooses, in its sole discretion, to monitor the StreetStyle.com Services, DJN nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
B. You are solely responsible for the Content that you post on or through any of the StreetStyle.com Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7. Content/Activity Prohibited.
DJN reserves the right to investigate and take appropriate legal action against anyone who, in DJN’s sole discretion, violates this provision, including without limitation, removing the offending Content from StreetStyle.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of DJN:
A. exploits people in a sexual or violent manner or harasses or advocates harassment of another person;
B. contains nudity, excessive violence, or offensive subject matter, including child pornography, or contains a link to an adult website;
C. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
D. solicits personal information from anyone under 18 or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
E. publicly posts information that poses or creates a privacy or security risk to any person;
F. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
G. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
H. advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the StreetStyle.com Services. You may not transmit any chain letters or junk email to other Members. DJN reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which DJN deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through StreetStyle.com Services, you acknowledge that you will have caused substantial harm to DJN, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay DJN, as liquidated damages, $50.00 for each such unsolicited email or other unauthorized commercial communication you send through StreetStyle.com Services;
I. contains restricted or password only access pages or hidden pages or images;
J. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities, violating someone's privacy, or providing or creating computer viruses;
K. involves commercial activities and/or sales without prior written consent from DJN;
L. includes a photograph or video of another person that you have posted without that person's consent or violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
M. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
N. covering or obscuring the banner advertisements on your personal profile page, or any StreetStyle.com page via HTML/CSS or any other means;
DJN reserves the right to investigate and take appropriate legal action against anyone who, in DJN’s sole discretion, violates the above provisions, including without limitation, reporting you to law enforcement authorities.
8. Protecting Copyrights and Other Intellectual Property.
You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. DJN has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through StreetStyles.com Services in a way that constitutes copyright infringement, please send DJN’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on StreetStyle.com Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. DJN’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, DJNetworks, Inc., 853 Broadway, Ste 1900, New York, N.Y. 10003; Facsimile: (212) 334-7997; Attn: Copyright Agent.
9. Member Disputes. You are solely responsible for your interactions with other StreetStyle.com Members. DJN reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
10. Privacy. Use of the StreetStyle.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
11. Disclaimers. DJN is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the StreetStyle.com Services, whether caused by Users of the StreetStyle.com Services or by any of the equipment or programming associated with or utilized in the StreetStyle.com Services and such User Content does not necessarily reflect the opinions or policies of DJN. Profiles and third party applications created and posted by Members on the StreetStyle.com Website may contain links to other websites. DJN is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by DJN. Inclusion of any linked website on the StreetStyle.com Services does not imply approval or endorsement of the linked website by DJN. When you access these third party sites, you do so at your own risk and DJN takes no responsibility for third party advertisements or third party applications that are posted on or through the StreetStyles.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. DJN is not responsible for the conduct, whether online or offline, of any User of StreetStyle.com Services. DJN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. DJN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of StreetSyle.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with StreetStyle.com Services. Under no circumstances shall DJN be responsible for any loss or damage, including personal injury or death, resulting from use of the StreetStyle.com Services, attendance at a StreetStyle.com event, from any User Content posted on or through StreetStyle.com Services, or from the conduct of any Users of StreetStyle.com Services, whether online or offline. The StreetStyle.com Services are provided "AS-IS" and as available and DJN expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DJN cannot guarantee and does not promise any specific results from use of StreetStyle.com Services.
12. Limitation on Liability. IN NO EVENT SHALL DJN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF StreetStyle.com SERVICES, EVEN IF DJN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THE CONTRARY CONTAINED HEREIN, DJN'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DJN FOR THE StreetStyle.com SERVICES DURING THE TERM OF MEMBERSHIP.
13. U.S. Export Controls. Software available in connection with StreetStyle.com Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the StreetStyle.com Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
14. Disputes.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and DJN agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of this Agreement or StreetStyle.com Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
15. Indemnity.
You agree to indemnify and hold DJN, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of StreetStyle.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through StreetStyle.com Services causes DJN to be liable to another.
16. Miscellaneous.
This Agreement is accepted upon your use of the StreetStyle.com Website or any of the StreetStyle.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and DJN regarding the use of the StreetStyle.com Services. The failure of DJN to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: [email protected] with any questions regarding this Agreement.