[Last modified: May 22, 2018]
ACCEPTANCE OF THE TERMS: by installing the Stylish Extension or otherwise using the Service (as defined below) you acknowledge that you have read, understood and agreed to be bound by these Terms and to comply with all applicable laws and regulations regarding your use of the Services. You accept the Terms by simply using the Service. You understand and agree that we will treat your use of the Service as acceptance of the Terms from that point onwards. You further acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you which further enforces class action waiver and arbitration provision as detailed below in the dispute resolution section herein below. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT ACCESS OR USE THE WEBSITE, DOWNLOAD, INSTALL, ADD TO YOUR BROWSER THE STYLISH EXTENSION OR USE THE SERVICES IN ANY MANNER.
Stylish, which is part of the SimilarWeb product family, is a user-generated content product, offering a platform for a large community of users that wish to personalize their browsing experience by creating customized 'Web Styles' and uploading and sharing them with other users (the 'Stylish Community') solely for personal non-commercial use.
SCOPE OF SERVICE
Our Stylish Extension enables you to personalize and stimulate your browsing experience by creating or using customized CSS for any website you wish according to your personal taste, simply by changing fonts, colors, visibility theme, background or elements layout ('Web Style(s)'). You may upload and share your own Web Styles with other users, and you may also personally and non-commercially use the Web Styles on your own browser (all, and together with the Website and Stylish Extension, collectively referred to herein as the 'Service(s)').
WEB STYLES AND USER GENERATED CONTENT
The user generated content ('UGC&'), refers to a wide variety of media content that is produced, submitted and uploaded by you and by other users as opposed to content made by us. The UGC shall include, among other things, Web Styles, images, comments, posts, texts, icons, links, opinions and feedback provided by you and by other users. You hereby undertake and agree that the UGC uploaded by you may not violate any applicable law, including but not limited to: (a) containing hateful content, including any content that might encourage or suggest violence of any kind including but not limited to violence and racism based on religion, discrimination, age, gender identity, sexual orientation, ethnicity, nationality and ethnic origin; (b) containing adult/pornography content, including any content that is sexual by its nature such as images containing nudity or sexual language such as descriptions of sexual acts or any content which contains alcohol-related or other mature content (including advertisements); (c) containing any content which may infringe in any way third party intellectual property, including but not limited to patents, copyrights, logos, tradenames, trademarks and trade secrets. Thus, you may not upload any Web Style which is not solely created by you or in which you do not retain all applicable intellectual property rights; (d) containing any content that violates any third party's right to privacy, including but not limited to the use of celebrities' images or names as well as the use of children's images or names, or including any Personal Information on you or other users' and (e) containing any content which includes unauthorized commercial communications as well as advertising, spam, incentivizing or in any other way promoting any service or product. You hereby represent and warrant that: (i) you retain every right, title and ownership in Web Styles uploaded by you; and (ii) the Web Styles uploaded by you do not infringe any third party intellectual property rights. Any content you upload, including any image or personal data of third parties that are contained in your UGC, are subject to data protection, intellectual property and other legislation and regulation and you are fully responsible for compliance with these laws and regulations. You acknowledge that we might monitor the UGC and may remove any part thereof at our sole discretion. Nonetheless, the Company has no obligation to monitor the UCG, and you are solely responsible and liable with respect to all UGC exchanged, provided or uploaded by you, and its compliance with applicable law. The UGC is stored and available on our servers, however the UGC may be deleted at any time: (i) by you as you may delete the UGC uploaded or provided by you; (ii) by us, solely by providing us with a written request, sent to: email@example.com We will use our best efforts to delete such UGC promptly, but in some cases, where technical limitations apply, there may be some delay in deleting such UGC, or it may not be possible to delete all the UGC. By submitting, posting, or displaying UGC and Web Styles through the Services and by uploading them to the Service, you grant Company a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, distribute, reproduce, prepare derivative works of, and make available to the public, at any time and including upon termination of these Terms, any part of the UGC uploaded by you, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any channel. Furthermore, you grant each user of the Service a worldwide, non-exclusive, royalty-free license to access your UGC and Web Styles through the Service, to download, use, reproduce, distribute, prepare derivative works of, display and perform such Web Style(s) to the extent permitted by the functionality of the Service and under these Terms IF WE BELIEVE, IN OUR SOLE DISCRETION, OR WE DISCOVER, THAT THE WEB STYLE OR UGC PROVIDED BY YOU VIOLATES OR MAY VIOLATE ANY OF THE AFORESAID, WE WILL HAVE THE SOLE AND ABSOLUTE RIGHT TO REMOVE, DELETE AND BAN SUCH UGC, INFORMATION OR WEB STYLE. WE MAY ALSO RESTRICT YOUR ACCESS OR USE OF THE SERVICES. YOU ACKNOWLEDGE THAT THE COMPANY MIGHT MONITOR THE UGC AND WEB STYLES AND MAY REMOVE ANY PART THEREOF AT ITS SOLE DISCRETION. NONETHELESS, THE COMPANY HAS NO OBLIGATION TO MONITOR THE UCG AND WEB STYLES AND THE RESPONSIBILITY AND LIABILITY WITH RESPECT TO THE UCG AND WEB STYLES AND THEIR COMPLIANCE WITH THE LAW IS YOUR OBLIGATION
1. The Stylish Services currently includes: features and services that are provided free of charge for your personal use and (ii) features and services that are available for purchase for your personal or internal business use (each, a “Premium Subscription”).
2. Each Premium Subscription includes different prices and/or payment terms according to the duration of the applicable Premium Subscription or the type of device you own, all as specified in our pricing page for the Stylish Extension, available here, or on the Stylish App, as applicable. Our Premium Subscriptions are pre-paid and you will be charged once at the beginning of each subscription period. We may offer distinctive features or services in each Premium Subscription, add new features and/or change or cancel any existing features or functionalities at our sole discretion. We further reserve the right to change the Premium Subscription fees at our sole discretion. If you are a paid user at the time of such change, the new rate will be affected upon your next subscription period; otherwise, you may choose to cancel your Premium Subscription, in which case you will be refunded on a pro-rata basis.
3. Once you purchase a Premium Subscription, your subscription will renew automatically and your selected payment method will be charged the applicable fees, unless you actively cancel your Premium Subscription by using your user portal, in which case you will lose access to the Premium Subscription at the end of the current billing period, and you will not receive a refund for the current billing period, regardless of the cancellation date.
7. Refunds, cancellation terms, and disputes will be subject to such payment processors’ terms.
8. We may also offer, from time to time, special promotional offers, which may include different terms and conditions. We reserve the right to change, cancel and/or restrict these promotional offers at our sole discretion and at any time. The specific terms for each promotion will be disclosed either on our Website or within the Product, and you will be able to review such terms prior to making purchase(s) based on such promotion(s).
LICENSE & INTELLECTUAL PROPERTY RIGHTS
Subject to the terms herein, we hereby grant you a personal, limited, non-exclusive and non-transferable right to download, add to your browser, access, install and use the Services for your own personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service. We reserve all right, title and interest not expressly granted herein under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you herein, and any attempt to sublicense, assign, or transfer any part of your rights under the Terms is void. The Company shall retain ownership in and to the Stylish Extension, Website and Services (excluding the UGC). Other than as explicitly set forth in these Terms, you are not granted any right or ownership including any copyright, trademark and other intellectual property rights to any Web Style. All trademarks, service marks, product names, and trade names appearing on or through the Services are owned by the Company or other third parties. Notwithstanding the above, the Web Styles are part of the Open Source community and are not owned, licensed or transferred herein.
The Company has a clear copyright policy in relation to any UGC which is alleged to infringe the copyright of a third party ('Copyright Policy'). Our copyright policy incorporates the Digital Millennium Copyright Act ('DMCA') and we have registered and appointed a Designated Agent for copyright takedown notices.
If you believe any of the UGC, including any part of any of the Web Styles available through the Service, infringes your intellectual property rights owned by you or by any third party on whose behalf you are authorized to act, you may submit a copyright infringement notification using our copyright notice form:copy Right Notice ('Complaint'), and your Complaint must include the following information:
a. Identification of the work or material claimed as being infringing the intellectual property rights of you or a person on whose behalf you are authorized to act (it is recommended to add screenshots or direct links), including its location, with sufficient detail so that the Company will be able to find it and verify its existence.
b. Your contact information, including name, address, telephone number, and email address.
c. A statement that you have a good faith belief that the alleged infringing UGC is not authorized by the copyright owner, its agent or law.
d. A statement made under penalty of perjury that the information provided in the notice is accurate and that you are authorized to make the complaint on behalf of the copyright/intellectual property owner.
e. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright/intellectual property that has allegedly been infringed. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit the form. Please remember by submitting a Compliant you will be initiating a legal process, hence, please do not make any false claims. The Copyright Policy protects our right to remove any infringing content from our Service, including any applicable Web Style, in the event we receive a valid Complaint regarding the aforesaid infringement. In addition, the Company will terminate a user’s access to the Service if the user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
RESTRICTIONS ON USE
You agree only to use Company’s Services as set forth in these Terms and according to applicable laws and regulations. You shall not agree, nor shall you authorize or encourage any third party, to: (i) access the Services by any automated means, including scraping, crawling, data-mining, or using any robot, spider, or any other automatic device; (ii) disrupt, disable, overburden, damage, modify or interfere with the Services or otherwise impair or degrade its performance in any way (iii) impede or interfere with others’ use of the Services; (iv) sublicense, redistribute, sell, lease, lend or rent the Services; (v) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the Services; (vi) alter or modify any part of the Service for any purpose or use other than creating a Web Style; (vii) use the Service for any commercial use unless you obtain Company’s prior written approval; (vii) use Company’s name, logo or trademarks without Company’s prior written consent; or (ix) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT, AT COMPANY'S SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE.
Children under 13 are prohibited from using the Service. In the event that we become aware that a user under the age of 13 has shared any information, we will discard such information. If you have any reason to believe that a child under the age of 13 has shared any information with us, please contact us at: firstname.lastname@example.org. If you are under 18, please be sure to read this policy with your parents or legal guardians and ask questions about things you do not understand. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY UGC, INCLUDING THE QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND ANY CONTENT THEREOF ARE PROVIDED 'AS IS' OR 'AS AVAILABLE' AND YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE IN CONNECTION WITH, RELATED TO OR ARISING IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, THE SERVICES, UGC OR ANY CONTENT THEREOF, AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICES AND DISABLE OR REMOVE THE STYLISH EXTENSION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICE IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITH OR WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the Services or to any matter governed by these Terms. The user is solely responsible for his or her actions when using the Service and UGC.
SUPPORT, UPDATES AND UPGRADES
At any time, you may stop using the Service by exiting the Website or removing the Stylish Extension from your browser or disabling the Stylish Extension through your browser’s settings. We reserve the right, at any time, to: (i) discontinue, terminate, suspend or modify any aspect of the Service; or (ii) terminate these Terms and your use of the Service with or without cause, and we shall not be liable to you or any third party for any of the foregoing. The Company does not assume any responsibility with respect to, or in connection with, the termination of the Service or these Terms. These Terms will automatically terminate if you fail to comply with any of its requirements. Upon any termination, you agree to stop using the Service, exit the Website and remove the Stylish Extension from your browser.
For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these Terms, unless otherwise required by law, to resolve any claim, dispute or controversy arising out of or in connection with or relating to these Terms exclusively by binding arbitration by the American Arbitration Association ('AAA'). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This agreement to arbitrate will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will not be governed by the United Nations conventions on contracts for the international sale of goods, if otherwise applicable. Any action at law or in equity relating to the arbitration provision of these Terms shall be brought exclusively in a state or federal court located in New York, , New York and for such purpose you submit to the personal jurisdiction of such courts. Any cause of action you might have relating to the Service may be brought no later than one (1) year from the date the incident arose, and will be permanently barred afterwards. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.
User may not assign its rights or obligations under these Terms without Company’s prior written consent. The parties hereto are and shall remain independent contractors, and nothing herein shall be deemed to create any agency, partnership or joint-venture relationship between the parties. Neither Party shall be deemed to be an employee or legal representative of the other, nor shall either party have any right or authority to create any obligation on behalf of the other party. The Company shall not be deemed in breach of these Terms if the Company is unable to complete the Services or any portion thereof by reason of earthquake, labor dispute, shortages, riots, insurrection, fires, flood, storm, explosions, Internet outages or any act of God or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control. Company reserves the right to suspend, remove, restrict or disable your access and use of parts or all of the Service at any time and without notice or liability, at Company’s sole discretion. In no event will the Company be liable for the suspension, removal, or restriction or disabling of the user access or use of the Services or to any feature available therein. Furthermore, the Company reserves the right, at its sole and absolute discretion, to change, modify, add to or delete any of these Terms at any time, including without limitation the availability of any feature of the Service. In the event of a material change we will use commercially reasonable efforts to notify you by email or through the Services. Your continued use of the Service following any revision of these Terms constitutes your complete and irrevocable consent and acceptance of any and all such changes. If you do not agree with any update or modification, you should cease to use the Services.