TERMS OF USE

Welcome to the shapehersilhouette.com website (the “Site”), operated by shapehersilhouette.com (“shapehersilhouette.com”, “we”, “us”, “our”). Please read these Terms of Service carefully before using the Services (as defined below). These Terms of Service govern your use of and access to the Site, all related mobile apps, tools, products and services that we may offer from time to time (collectively, the “Services”).

THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER, AND shapehersilhouette.com. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SERVICES AND CREATING AN ACCOUNT. BY USING THE SERVICES, CREATING AN ACCOUNT, AND/OR MAKING AN ONLINE PURCHASE, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE ANY SERVICES. YOUR USE OF THE SERVICES MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.

BY ACCESSING OR USING THE SERVICES, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT AND WARRANT THAT YOU ARE NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES IN YOUR JURISDICTION. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. PLEASE READ THE ARBITRATION SECTION BELOW FOR ADDITIONAL INFORMATION.

  1. MODIFICATIONS AND UPDATES TO THIS AGREEMENT
    We reserve the right, at any time, to modify, alter, and/or update this Agreement, and any such modifications, alterations, or updates will be effective upon our posting of the revised Agreement. We will use reasonable efforts to notify you in the event material changes are made to this Agreement, such as by posting a notice on the Site or sending you an email. Your continued use of the Services following our posting of any revised Agreement will constitute your acknowledgement of the amended Agreement. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Agreement, you may not access or use the Services.
  2. ELIGIBILITY
    The Services are intended for natural persons who are 18 years of age or older and we do not knowingly collect information from children under the age of 18. IF YOU ARE 16 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE, THEN YOU AGREE TO REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THIS AGREEMENT FOR THE BENEFIT OF A CHILD 16 OR OVER, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
  3. PRIVACY
    Please review our Privacy Policy in order to learn about our practices with respect to the collection and processing of your information. The Privacy Policy is hereby incorporated by reference into this Agreement.
  4. ACCOUNT REGISTRATION AND COMMUNICATION PREFERENCES
    By creating an account, you agree to provide accurate, current and complete information about yourself, and to maintain and promptly update as necessary your account information. You are solely responsible for the security of your account, and you agree to maintain the security of your account and associated password. Do not share your password with any other person. You must notify us immediately via the contact methods provided on the Site if you discover or otherwise suspect any security breaches related to your account.

By creating an account, you consent to receive electronic communications from us, which may include notices about your account and other transactional information. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, any requirement that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

  1. INTELLECTUAL PROPERTY RIGHTS
    You acknowledge and agree that we or our licensors own all legal right, title and interest in and to all elements of the Services. The Services, and all of its contents, including without limitation, the shapehersilhouette.com name and logo and all text, photographs, images, illustrations, graphics, video material, audio material, music, software, tools, logos, titles, names, button icons and the selection and arrangement thereof on the Site (collectively “Site Content”), are or may be protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Site Content is owned or controlled by us or by other parties that have provided rights thereto to us.

Except as expressly set forth herein, you may not, and agree that you will not, use, publish, reproduce, display, distribute, or modify the Site Content or any portion thereof, for any purpose or by any means, method, or process. Modification of the materials appearing on the Services or use of such materials for any purpose not expressly set forth herein is a violation of our copyright and other proprietary rights. We reserve all rights in and to the Site Content, other than the limited license granted to you in this Agreement.

  1. TRADEMARKS
    The shapehersilhouette.com name and logo and all related names, logos, domains, product and service names, designs and slogans are trademarks of shapehersilhouette.com or our licensors. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners. The foregoing may not be used in connection with products and/or services that are not related to, associated with, or sponsored by shapehersilhouette.com or the respective rights holders in a manner that is likely to cause customer confusion, or in any manner that disparages or discredits shapehersilhouette.com or the respective rights holders.
  2. LICENSE
    Our License to You: You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Services and Site Content; provided, however, that such license is subject to the terms of this Agreement and does not include any right to (a) sell, resell or use commercially the Services or Site Content, (b) distribute, publicly perform or publicly display any Site Content, (c) modify or otherwise make any derivative uses of the Services or Site Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Services or Site Content, except as expressly permitted by us, and (f) use the Services or Site Content (including, without limitation, any product listings, descriptions, or prices) other than for their intended purposes.

Your License to Us: If you submit any photographs, videos, ideas, suggestions, comments, ratings, reviews and/or feedback to us about or in connection with the Services, any of our products or services, or any other Site Content (collectively, “UGC”), you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable license to use and disclose your name, applicable social media account name or handle and UGC for any purpose, including without limitation, as part of the Services, our product and service offerings, and any improvements and modifications to any of the foregoing. You acknowledge and agree that we shall have no obligation to compensate you for any use of your UGC, nor will we be under any obligation to use any UGC you may submit.

  1. THIRD PARTY WEBSITES AND APPLICATIONS
    The Services contain links to third party websites, services, and applications that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. We do not control, recommend or endorse and are not responsible for these websites or applications or their content, products, services or privacy policies or practices. When you access these third party websites, services, or applications, you leave our Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third party websites, services, or applications. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the third party websites, services, or applications, or the information or material accessed through these third party websites, services, or applications. If you decide to access any other website or application linked to or from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites, services, or applications.
  2. ERRORS & INACCURACIES

We always try to provide complete, accurate, and up-to-date information on our Site. Occasionally, despite these efforts, human or technological errors may occur. The Site or Services may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you before shipping or cancel your order and notify you of such cancellation. If you feel that a product purchased through the Site or Services is not as described, your sole remedy is to return it in unused condition.

  1. ACCEPTABLE USE AND USER CONDUCT
    You are solely responsible for your use of and access to the Services. You may not use, or encourage, promote, facilitate or instruct others to use, the Services, or any part thereof, to:
  • Provide, submit or upload false, inaccurate or misleading information;
  • Use any payment method in a fraudulent manner or that was otherwise obtained fraudulently;
  • Impersonate another user, person or entity, or use or attempt to use another user’s account without express written consent from such user and shapehersilhouette.com;
  • Infringe upon, misappropriate or violate any other party’s intellectual property, privacy, publicity, statutory, legal, personal or other rights;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
  • Collect, track, harvest or otherwise collect information about others, including without limitation email addresses, without proper consent;
  • Send, upload, promote, distribute, disseminate, incite or encourage any unlawful, defamatory, disparaging, harassing, insulting, abusive, harmful, discriminatory, threatening, intimidating, malicious, fraudulent, violent, obscene, or otherwise objectionable content;
  • Upload, transmit or distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other type of malicious code, or items of a destructive or deceptive nature, that could interfere with, disrupt, affect, damage, harm or impair the functionality or operation of the Services or of any related website, other websites, or the Internet, or that would restrict or inhibit any other person from using the Services;
  • Modify, adapt, translate, copy, reproduce, duplicate, archive, download, publish, distribute, reverse engineer, decompile or disassemble the Services or portion thereof by any means, other than as expressly permitted by this Agreement or as otherwise clearly contemplated by the features and functionalities of the Services;
  • Reformat, frame or mirror any portion of the Services;
  • Use any robot, spider, site search/retrieval application, crawler, scraper, script, browser extension, offline reader or similar data mining, gathering or extraction tools or methods, whether automated, programmed or manual, not authorized by us to access or otherwise use the Services in any way;
  • Undertake, engage in, carry out, encourage, or promote any illegal or unauthorized activity that would violate, or assist in violation of, any law, statute, ordinance, or regulation, including, but not limited to, money laundering, terrorist financing, or deceptive or manipulative trading activities; or
  • Use the Services for any other unlawful, improper or unethical purposes, or to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.

If you violate any of the terms of this Agreement, including without the limitation, the foregoing Acceptable Use standards, we reserve the right, in our sole discretion, to suspend or terminate your account and block your access to the Site and Services, and take all other measure we deem appropriate in light of your conduct.

  1. COPYRIGHT CLAIMS
    shapehersilhouette.com respects the intellectual property rights of all creators. If you believe that any Site Content violates or infringes upon your copyrights, you may submit a written notice to us in accordance with the Digital Millennium Copyright Act (the “DMCA”) containing the following information:
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  3. Identification of the copyrighted work(s) claimed to have been infringed.
  4. Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material on the Site. Note that including specific URLs in your notice will help us to quickly identify the allegedly infringing material.
  5. Information reasonably sufficient to permit us to contact you (the complaining party).