Obsessory reserves the right, in its sole discretion, to modify the Terms of Service at any time by posting a notice on the website, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
Terms of Registration for Services
You may be required to register and select a password and username to use certain Services. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. You shall provide Obsessory with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. We reserve the right to refuse registration of, or cancel a User ID in its discretion.
If you are accessing the Services through a third party site or service (such as “Facebook Connect”), we may require that your User ID be the same as your user name for such third party site or service. By providing your third party account credentials to Obsessory, you are consenting to have the information in those accounts transmitted into your Obsessory account. You shall only use third party accounts owned by you and not by any other person or entity.
Copyright: Any materials displayed or made available for download (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations, video, and User Submissions), also known as the “Content”, are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
The Services, and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by Obsessory in connection with a. specific feature of the Service only) and may only be used in accordance with the terms of this Agreement. You may download or copy the Content for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not copy or store any Content except for personal, non-commercial use unless you have prior written permission. You shall not store any significant portion of any Content in any form.
Obsessory has no obligation and assumes no responsibility for monitoring the Services or User Submission for inappropriate Content or conduct of its users. However, we reserve the right to monitor, block or remove Content (including disabling access to User Submissions that you have downloaded through the Service) for any or no reason without notice to you. If Obsessory chooses, in its sole discretion, to monitor the Services, we assume 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.
Intellectual Property and Limited Licenses
The technology and the software underlying our Services is the exclusive property of Obsessory. Subject to your compliance with this Agreement, Obsessory grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal and non-commercial use of the Services, and any software underlying our Services solely to use the Services, as provided by us in accordance with this Agreement. This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services for any illegal purpose.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Obsessory, its affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to Obsessory or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Obsessory, its affiliates, or any third party.
Restrictions and Other Prohibitions
Any violation of the above may be grounds for termination of your right to access or use the Services. Obsessory reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that Obsessory deems in its sole discretion to be an illegal or unauthorized use of the Services. We will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.
The Services are offered by Obsessory from its facilities in the United Kingdom. Obsessory makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
Disclaimer of Warranties
THE SERVICES, CONTENT, AND PRODUCTS PURCHASED OR OTHERWISE OBTAINED THROUGH THE OBSESSORY WEBSITES, APPLICATIONS, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES, OR THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Without limiting the generality of the foregoing, Obsessory makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services). We display suggested retail prices for goods offered on Obsessory.com based on pricing information provided by vendors, retailers and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the ShopStyle website. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Obsessory or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product.
The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Obsessory makes no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Under no circumstances will Obsessory be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services.
Obsessory has no special relationship with or fiduciary duty to you. You acknowledge that Obsessory has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
When you use our Services, or send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Services, "push" mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.
You agree to indemnify and hold Obsessory, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Interaction with Third Parties
The Services may contain links to third party websites that are not owned or controlled by Obsessory, or that may be accessible by logging in through a third party website. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Obsessory has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, we will not and cannot monitor, verify, censor or edit the content of any third party site By using the Services, you expressly relieve and hold harmless Obsessory from any and all liability arising from your use of any third party website.
Your interactions with organizations and/or individuals found on or through the Service (including without limitation Merchants (as that term is defined in the Must Have Terms)), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Obsessory shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Obsessory is under no obligation to become involved.
You hereby release Obsessory, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) having acquired or not acquired any Content through the Services, or (ii) any disputes with any third party and our Services.
Modification and Termination
Obsessory reserves the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. Obsessory may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.
Waiver and Severability
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Obsessory shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Obsessory’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
You and Obsessory agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
This Agreement is not assignable, transferable or sublicensable by you except with Obsessory’s prior written consent. Obsessory may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Obsessory in any respect whatsoever.
All provisions of this Agreement which by their nature are intended to survive performance hereof by you or Obsessory, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.