Terms of Use

ATIZ FASHION TECH

TERMS OF USE

Last Updated: January 5, 2019. 

Welcome to Atiz Fashion Tech! This mobile application, Style-At-Iz and our website https://styleatiz.com are owned and operated by Atiz Fashion Tech LLC, a State of Washington Limited Liability Company (“Atiz Fashion Tech”, “we”, “us” or “our”). We provide a Style-At-Iz platform that puts personal styles at your fingertips. Through our platform you will be able to get on demand style advice from fashion specialist and designers. 

Agreement to Terms

By accessing, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, simply stop using the Services.

Changes to Terms or Services

We may modify these Terms and our Services at any time, in our sole discretion. If we do so, we’ll make it known on the Platform. It’s important that you review the Terms whenever we modify them because continuing to use the services after we have posted modified Terms on the Site indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, please discontinue use of the service immediately. Because our services are evolving over time we may change or discontinue all or any part of the services, at any time and without notice to you, at our sole discretion.

Privacy policy

Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms, and is available at https://styleatiz.com/privacypolicy

Feedback

We welcome feedback, comments and suggestions for improvements to the Services. You can submit feedback by emailing us at style@styleatiz.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.

Creating an Account

In order to access and use certain services on the Platform, you will need to create an account (your “Account”). By creating an Account, you become a “User” and represent that you are thirteen (13) years or older and are not barred from using the Services under applicable law.

Your Account should be yours – don’t use the Services under the name of another person with the intent to impersonate that person, or use a username that is subject to rights of another person without appropriate authorization. We have a strict “No Robots” policy. You must be a human to use the Service and an automated account is not allowed. Keep it real, people. This policy also applies beyond Account creation to the general use of the Services.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates Our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.

If and when available, Atiz Fashion Tech may allow you to link your Account to various social networks and other online platforms with which the Platform is integrated. You mayonly link your own Account and by doing so, you expressly authorize us to retain your account information from those third party accounts, on your behalf and permit us to store your Account information for the purpose of providing the Services.

Personal Style Recommendations

Recommendations are made based on information provided by the User and are not intended to be exhaustive[MS4]

User Content and Information Collection Practices

For purposes of these Terms, “User Content” means reviews, comments, images, video, or other materials that are posted, generated, provided or otherwise [MS5] made available on the Platform by a User, You are responsible for the User Content that you post to the Platform, including its legality, reliability, and appropriateness. We claim no intellectual property rights over the material you provide to or on the Platform, except for Feedback as described in these Terms. By creating User Content to be shared publicly on or through the Platform, you agree to allow others to view and share it.

Atiz Fashion Techdoes not claim any ownership rights in any User Content that you make available through the Platform and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own User Content. However, you grant us a non-exclusive, non-transferable, non-sublicensable, worldwide license to use any User Content submitted by you on the Platform, including the promotion and advertisement of our Services.

You represent and warrant that your User Content and information collection and marketing practices conform to legal requirements, including those of the TCPA/CAN-SPAM, and that:

1. Your User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms;

2. Your posting of User Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights, consent rights or any other rights of any person. Atiz Fashion Tech does not pre-screen User Content, but we do have the right (but not the obligation) in our sole discretion, to refuse or to remove any User Content that is available via the Platform.

User Conduct

We encourage you to participate in our community (when available), but ask that you respect other Users just like yourself when posting User Content to, and otherwise using, the Platform. Regardless, we do expect that any time you are using the Platform you agree NOT to:

● use language or transmit User Content on the Platform that may be considered offensive or profane. This includes profanity and offensive images, or other media containing obscene, sexually explicit, or excessively violent content.

● harass or threaten other Users on the Platform. Harassing behavior and language includes insults, ethnic and homophobic slurs, defamatory statements, invasive statements that may infringe on a User’s privacy, or the transmission or sharing of any content that may cause another user to experience ridicule, threat or discomfort.

● submit material on the Platform that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;

● publish falsehoods or misrepresentations that could damage us, our Users or any third party;

● publish on the Platform, any private information of someone (like their address or phone number) without their permission;

● submit material on the Platform that is unlawful, non-consensual, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or

● impersonate another person or represent yourself or your site as affiliated with us, or our personnel;

This list is an example and is not intended to be complete or exclusive. We reserve the right, at any time and without prior notice, to remove or disable access to your Account or any User Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Platform.

Atiz Fashion Tech Content

Subject to your compliance with these Terms, Atiz Fashion Tech grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the content we create, post, upload, or otherwise make available to you (“Atiz Fashion Tech Content”) solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. You may not: (i) copy, modify or distribute Atiz Fashion Tech Content for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute Atiz Fashion TechContent to any third party other than as expressly provided for in these Terms and on the Platform; (iii) decompile, reverse-engineer, disassemble, or create derivative works of Atiz Fashion Tech Content or the Services; or (iv) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You acknowledge sole responsibility for and assume all risk arising from your use or reliance on any Atiz Fashion Tech Content. 

Intellectual Property

The Services contain material that may be protected by United States and international copyright, trademark and other proprietary rights, including, but not limited to, audio, video, graphic, photographic and text information and all Atiz Fashion Tech Content. You acknowledge that the Services and Atiz Fashion Tech Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and Atiz Fashion Tech Content. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.

DMCA/Copyright Policy

Atiz Fashion Tech respects copyright law and expects its users to do the same. It is our policy to terminate or block, in appropriate circumstances, users who repeatedly infringe the rights of copyright holders.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Atiz Fashion Tech Content infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notification must be sent to:

Atiz Fashion Tech LLC

Attn: Legal Department

3417 Evanston Ave. N

Suite 201

Seattle, WA 98103

Links and Advertisements of Third Party Websites or Resources

The Site may contain links to or advertisements of third-party websites (that may or may not be Atiz Fashion Tech Vendors). We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on the Site, including promotional codes, coupons, or information. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Indemnity

You agree to defend, indemnify and hold harmless Atiz Fashion Tech, or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees) or injury, to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Service or the Platform; (ii) your use, access and consumption of items from any Atiz Fashion Tech Vendor; (iii) your violation of these Terms; (iv) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (v) any claim that your Content caused damage to any third party, including Atiz Fashion Tech Vendors. This section shall survive these Terms and your use and termination of the Services.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

Limitation of Liability

NEITHER ATIZ FASHION TECH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ATIZ FASHION TECH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL ATIZ FASHION TECH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO ATIZ FASHION TECH FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ATIZ FASHION TECH, AS APPLICABLE.

Dispute Resolution

We prefer to resolve things amiably when possible therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice to team@Atiz Fashion Tech.com.

a.  Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute;

b.  Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the JAMS to resolve the dispute.

c.  Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Atiz Fashion Tech and you.  These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by Atiz Fashion Tech under these Terms, including those regarding modifications to these Terms, will be given by us by posting to the Site.

Atiz Fashion Tech’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Atiz Fashion Tech. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & Contact Information

If you have any questions regarding these Terms, please email us at style@styleatiz.com.