Terms of Use

Created: December 2, 2016

Welcome to the website(s) of Locally Styled, LLC ("Locally Styled", "we" "us" or “our”). The Locally Styled websites include www.locallystyled.com and any other Locally Styled websites that posts these Terms of Use (“Locally Styled Site(s)”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of, including any content, functionality and services offered on or through the Locally Styled Sites, whether as a guest or a logged-in user. Please note that special terms apply to some services offered on certain Locally Styled Sites, including Locally Styled Sites containing premium content that requires a membership, rules for particular promotions, or other features or activities and such terms will be posted on the applicable Locally Styled Site.  Any such terms are in addition to these Terms of Use, and in the event of any conflict, prevail over these Terms of Use.
 

Acceptance of the Terms of Use

Please read the Terms of Use carefully before you start to use the Locally Styled Sites. By using the Locally Styled Sites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated by reference. This Locally Styled Sites is offered and available to users who are 13 years of age or older. If you do not want to agree to these Terms of Use or the Privacy Policy or are not 13 years of age or older, you must not access or use the Locally Styled Sites. 
 

Accessing the Locally Styled Sites, Account Registration, and Security

You are responsible for making all arrangements necessary for you to have access to the Locally Styled Sites and ensuring that all persons who access the Locally Styled Sites through your internet connection are aware of these Terms of Use and comply with them.

To access the Locally Styled Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Locally Styled Sites that all the information you provide on the Locally Styled Sites is correct, current and complete. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Locally Styled Sites or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use.


Privacy Policy

You agree that all information you provide to register with this Locally Styled Sites or otherwise, including but not limited to through the use of any interactive features on the Locally Styled Sites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


Purchases of Services and Products from Locally Styled

All purchases from Locally Styled are governed by our Service and Product Terms, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services or features of the Locally Styled Sites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.


Intellectual Property Rights and Limited License

Unless otherwise provided, the Locally Styled Sites and the entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned or licensed by Locally Styled, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You are granted a limited, non-sublicensable license to access and use the Locally Styled Sites and the materials contained therein for personal, informational and transactional purposes only. Such license is subject to these Terms of Use and does not include: (a) any commercial use; (b) the reproduction, distribution, modification, creation of derivative works, publicly display, publicly perform, republish, download, store or transmit any of the material on our Locally Styled Sites; (c) use of any data mining, robots or other data extraction methods; (d) downloading (other than the page caching) of any portion of the Locally Styled Sites for any non-personal use; or (f) any use of the Locally Styled Sites other than for their intended purpose. 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Locally Styled Sites in breach of the Terms of Use or the limited license herein, your right to use the Locally Styled Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Locally Styled Sites or any content on the Locally Styled Sites is transferred to you, and all rights not expressly granted are reserved by the Locally Styled. Any use of the Locally Styled Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.


Trademarks

The Locally Styled name, the terms Locally Styled, the Locally Styled logo and all related names, logos, product and service names, designs and slogans are trademarks of the Locally Styled or its affiliates or licensors. You must not use such marks without the prior written permission of the Locally Styled. All other names, logos, product and service names, designs and slogans on this Locally Styled Sites are the trademarks of their respective owners.
 

Prohibited Uses

You may use the Locally Styled Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Locally Styled Sites:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "spam" or any other similar solicitation.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Locally Styled Sites, or which, as determined by us, may harm the Locally Styled or users of the Locally Styled Sites or expose them to liability.

Additionally, you agree not to:

  • Use the Locally Styled Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Locally Styled Sites, including their ability to engage in real time activities through the Locally Styled Sites.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or interferes with the Locally Styled Sites.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Locally Styled Sites, the server on which the Locally Styled Sites is stored, or any server, computer or database connected to the Locally Styled Sites. 
  • Attack the Locally Styled Sites via a denial-of-service attack or a distributed denial-of-service attack.


User Contributions

The Locally Styled Sites may contain forums, bulletin boards, reviews and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Locally Styled Sites.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Locally Styled Sites, you grant us and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. 

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Locally Styled, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Locally Styled Sites. 
 

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Locally Styled Sites or the public or could create liability for the Locally Styled.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Locally Styled Sites. 
  • Terminate or suspend your access to all or part of the Locally Styled Sites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Locally Styled Sites. 

However, we do not undertake to review all material before it is posted on the Locally Styled Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable or likely to deceive any person. Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy. Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.


Digital Millennium Copyright (DCMA) Notice

Pursuant to the Digital Millennium Copyright Act ("DMCA"), Locally Styled has designated an agent ("Copyright Agent") to receive notices of claimed copyright infringement. If I (or an agent authorized to act on my behalf) believe in good faith that my work is used on the Locally Styled Sites in a way that constitutes copyright infringement, please provide written notice to Locally Styled’s Copyright Agent by email to info@locallystyled.com or by mail to Locally Styled, Attn: Copyright Agent, PO Box 372, Chanhassen, MN 55317 with the following information: (a) a physical or electronic signature of a person authorized to act on the copyright owner's behalf; (b) a description of the copyrighted work claimed to have been infringed; (c) a description of where the copyrighted work is located on the Locally Styled Sites, including if possible a URL; (d) your address, telephone number and email address; (e) a statement that you believe in good faith that use of the work is not authorized by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf. In accordance with the DMCA, Locally Styled may delete, remove or disable any infringing work, and may forward to the alleged infringer your written notice and its own notice that the work has been deleted, removed or disabled. Locally Styled reserves the right to terminate members who have posted infringing work.


Reliance on Information Posted

The information presented on or through the Locally Styled Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Locally Styled Sites, or by anyone who may be informed of any of its contents.
 

Modifications to the Locally Styled Sites

We may update the content on the Locally Styled Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Locally Styled Sites may be out of date at any given time, and we are under no obligation to update such material. 

We reserve the right to modify, suspend or discontinue the Locally Styled Sites, or any features, services or portions thereof, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Locally Styled Sites are unavailable at any time or for any period. 


Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Locally Styled Sites thereafter. Your continued use of the Locally Styled Sites following the posting of revised Terms of Use means that you accept and agree to the changes. If we make a material change to our Terms of Use, we will notify you of such amendment by sending you an e-mail at the current e-mail address that we have for you, and/or by posting notice of such amendment on the Locally Styled Sites covered by these terms of use. Any such amendment will be effective immediately following the sending of notice to you via email or our posting of the changes on the Locally Styled Sites, unless otherwise noted in such communication. You should reference this page each time you access this Locally Styled Sites so you are aware of any changes, as they are binding on you. 


Linking to the Locally Styled Sites

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. 

Subject to the foregoing, you must not:

  • Establish a link from any Locally Styled Sites that is not owned by you.
  • Cause the Locally Styled Sites to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Otherwise take any action with respect to the materials on this Locally Styled Sites that is inconsistent with any other provision of these Terms of Use.


Links from the Locally Styled Sites and Third Party Sites

The Locally Styled Sites contain links to other sites, content and resources provided by third parties (other users, bloggers, service providers, retailers, online retailers, etc.), including advertisements, promotions and additional products or services for which Locally Styled may or may not be compensated for providing (collectively, Third Party Content and Services”). We do not own or control the Third Party Content and Services, and accept no responsibility for, or any loss or damage that may arise from, your use of such Third Party Content and Services or for the content or accuracy of any materials, products or services provided by such. If you decide to access or use any Third Party Content and Services or make any purchases from such third parties listed on the Locally Styled Sites, you do so entirely at your own risk and subject to the terms, conditions and policies of those third parties. You should review any such applicable terms, conditions and policies, including those on privacy and data collection, of any third parties to which you navigate from the Locally Styles Sites. All statements and/or opinions expressed in the Third Party Content and Services, other than such provided by Locally Styled, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Locally Styled.


Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE LOCALLY STYLED SITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE LOCALLY STYLED SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOCALLY STYLED SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LOCALLY STYLED SITES LINKED TO IT.

YOUR USE OF THE LOCALLY STYLED SITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOCALLY STYLED SITES IS AT YOUR OWN RISK. THE LOCALLY STYLED SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOCALLY STYLED SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LOCALLY STYLED NOR ANY PERSON ASSOCIATED WITH LOCALLY STYLED MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE LOCALLY STYLED SITES. WITHOUT LIMITING THE FOREGOING, NEITHER LOCALLY STYLED NOR ANYONE ASSOCIATED WITH LOCALLY STYLED REPRESENTS OR WARRANTS THAT THE LOCALLY STYLED SITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOCALLY STYLED SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE LOCALLY STYLED SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOCALLY STYLED SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

LOCALLY STYLED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation on Liability

IN NO EVENT WILL LOCALLY STYLED, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE LOCALLY STYLED SITES, ANY LOCALLY STYLED SITES LINKED TO IT, ANY CONTENT ON THE LOCALLY STYLED SITES OR SUCH OTHER LOCALLY STYLED SITESS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOCALLY STYLED SITES OR SUCH OTHER LOCALLY STYLED SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Indemnification

You agree to defend, indemnify and hold harmless Locally Styled, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Locally Styled Sites, including, but not limited to, your User Contributions, any use of the Locally Styled Sites' content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Locally Styled Sites.


Governing Law and Jurisdiction

All matters relating to the Locally Styled Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Locally Styled Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in the County of Hennepin, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in the jurisdiction where you personally reside. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

The owner of the Locally Styled Sites is based in the state of Minnesota in the United States. We make no claims that the Locally Styled Sites or any of its content is accessible or appropriate outside of the United States and if you access the Locally Styled Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
 

Waiver and Severability

No waiver by Locally Styled of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Locally Styled to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 


Entire Agreement

The Terms of Use, our Privacy Policy, and the Service and Product Terms (if applicable), constitute the sole and entire agreement between you and Locally Styled with respect to the Locally Styled Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Locally Styled Sites. 


Contact Us

Feedback, comments, requests for technical support and other communications relating to the Locally Styled Sites should be directed to: info@locallystyled.com. Thank you for visiting the Locally Styled Sites. © 2016 Locally Styled, LLC