DotMyStyle Terms of Service
1. Basic Terms
a. By using or visiting the DotMyStyle website (the “Site”), DotMyStyle mobile application (the “Apps”), or any DotMyStyle products, software, data feeds, and services provided to you on or through the DotMyStyle website and mobile application (collectively the “Service(s)”) you are entering a legally binding agreement with SUNSERG PVT LTD ("SUNSERG"). If you do not agree to any of these terms, you may not use the Service. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (https://www.dotmystyle.com/terms-of-service). DotMyStyle may, in its sole discretion, modify or revise these Terms of Service at any time, and, by continuing to use or visit the Service after updated Terms have been posted you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
b. You are responsible for your use of the Service, for any information, including personal information, you post to the Service, and for any consequences thereof. You may use the Service only if you are over eighteen (18) years of age and can form a binding contract with DotMyStyle or are using the Service under the direct direction of a parent or guardian that can accept these terms on your behalf. No user under thirteen (13) years of age may use the Service for any reason. You also affirm that you are not a person barred from receiving services under the territorial laws of India. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. If you are using the Service on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
c. In order to access some features of the Service, you will have to create a DotMyStyle Account. You may never use another’s account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DotMyStyle immediately if any breach of security or unauthorized use of your account occurs. Although DotMyStyle will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DotMyStyle or others due to such unauthorized use.
d. You are responsible for safeguarding the password or credentials that you use to access the Service and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account and with other accounts that you may connect to your DotMyStyle account. DotMyStyle cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
e. The services that DotMyStyle provides are always evolving and the form and nature of the Service may change from time to time without prior notice to you. In addition, DotMyStyle may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
f. The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising on the Service are subject to change. In consideration for DotMyStyle granting you access to and use of the Service, you agree that DotMyStyle and its parent, third-party providers, and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
g. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, interactive features, and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of DotMyStyle.
b. As a DotMyStyle account holder, you may submit Content to the Service, including images, outfits, photos, and user comments. Please be aware that any Content you upload to publically accessible portions of the Service will be available to other registered users of the Service and may be accessible by members of the general public. Please only post Content that you are comfortable sharing and that you have the full right and authority to post in accordance with these terms.
3. Content on the Service
All Content is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Service and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will DotMyStyle 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 as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
4. Your Rights
You retain your rights to any Content you submit or post or display on or through the Service. In order to make the Service available to you and other users, DotMyStyle needs a license from you. By submitting, posting, or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for DotMyStyle to provide, promote, and improve the Service and to make Content submitted to or through the Service available to other companies, organizations, or individuals who partner with DotMyStyle for the syndication, broadcast, distribution, or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by DotMyStyle, or other companies, organizations, or individuals who partner with DotMyStyle, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit, or otherwise, make available through the Service. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, Service or media. You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third-party partners. DotMyStyle will not be responsible or liable for any use of your Content by DotMyStyle in accordance with these Terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit. You understand and agree, however, that DotMyStyle may retain, display, distribute or perform, server copies of Your Content that have been removed or deleted.
5. DotMyStyle’s Rights
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of DotMyStyle and its licensors. The services are protected by copyright, trademark, and other laws of India. DotMyStyle reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding DotMyStyle or the Service are entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
6. Restrictions On Content And Use Of The Service
a. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to suspend and or terminate users or reclaim usernames without liability to you. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have all the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to DotMyStyle all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
b. You may NOT post Content that: You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:
1. belongs to another person and to which You does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
3. is misleading in any way;
4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
5. harasses or advocates harassment of another person;
6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
8. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
9. promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); 11. provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
13. contains video, photographs, or images of another person (with a minor or an adult).
14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
15. engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of service, Flipkart's prior written consent means a communication coming from Flipkart's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
16. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
17. interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
18. refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Service.
19. harm minors in any way;
20. infringes any patent, trademark, copyright, or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
21. violates any law for the time being in force;
22. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
23. impersonate another person;
24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
25. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
26. shall not be false, inaccurate, or misleading;
27. Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others; Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights; Is a direct and specific threat of violence to others; Violates any applicable Community Guidelines; Violates any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening; Is furtherance of illegal activities, or is harassing, abusive, promotes bullying, pornographic, or constitutes spam. DotMyStyle may remove Content that it determines, in its sole discretion, to violate this section.
c. You agree not to distribute in any medium any part of the Service or the Content without DotMyStyle’s prior written authorization unless DotMyStyle makes available the means for such distribution through functionality offered by the Service (such as a link to embed on other social media platforms). You agree not to access Content through any technology means or means other than the content playback pages of the Service itself or other explicitly authorized means DotMyStyle may designate. You shall not download any Content unless you see or provide a “download” or similar link displayed by DotMyStyle on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of DotMyStyle or the respective licensors of the Content. DotMyStyle and its licensors reserve all rights not expressly granted in and to the Service and the Content.
d. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
(i) satisfy any applicable law, regulation, legal process, or governmental request,
(ii) enforce the Terms, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical issues,
e. You may not do any of the following while accessing or using the Service:
(i) access, tamper with, or use non-public areas of the Service, DotMyStyle’s computer systems, or the technical delivery systems of DotMyStyle providers;
(ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by DotMyStyle (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with DotMyStyle (NOTE: scraping the Service without the prior consent of DotMyStyle is expressly prohibited);
(iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
f. You agree not to use the Service for any of the following uses unless you obtain DotMyStyle’s prior written approval: the sale of access to the Service; the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog, website or application containing Content delivered via the Service, unless other material not obtained from DotMyStyle appears on the same page and is sufficient of value to be the basis for such sales.
g. Prohibited commercial uses do not include: Posting pictures to DotMyStyle, or maintaining an original profile on DotMyStyle, to promote yourself, your business, or artistic enterprise; Sharing your outfits or profile from DotMyStyle through an embeddable link on an ad-enabled blog, website, or application, subject to the advertising restrictions set forth in Section 4.0 of these Terms of Service; or any use DotMyStyle expressly authorizes in writing.
h. In your use of the Service, you will comply with all applicable laws.
7. Infringement of Copyright:
a. If you are a copyright owner or an authorized agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Copyright Act, 1957 by providing our Copyright Agent with the following information in writing
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that 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 his to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and if available, an e-mail address;
v. A statement that you have a good faith belief that the 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.
Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted.
We are happy to receive such information but must advise that we may be limited in our ability to respond to your request absent formal notice from an authorized rights owner
Notice of Infringement Sunserg Pvt. Ltd.
I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:
1. I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").
2. I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorized by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.
3. I may be contacted at:
Title & Company ________________________________________________________
Email (correspondence) ___________________________________________________
Date _________________________________________________________________ and I make this declaration conscientiously believing it to be true and correct. Declared by ______________________________ on [date] ___________________________________ in [place]________ Truthfully, Signature Addendum to Notice of Infringement: List of Allegedly Infringing Listings, Products, or Materials Select the most appropriate reason. Please associate each item you report with only one reason code. Copyright-item infringement
1. Software is being offered without any license or in violation of a license
2. Item(s) is a bootleg recording;
3. Item(s) is an unlawful copy (software, games, movies, etc.);
4. Item(s) is unlawful duplication of printed material
5. Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)
Copyright-listing content infringement
1. Listing(s) comprises unauthorized copy of copyrighted text
2. Listing(s) comprises unauthorized copy of copyrighted image
3. Listing(s) comprises unauthorized copy of copyrighted image and text
Reason Code: _____________________________________________________________
Work(s) infringed: _________________________________________________________
Item Number(s): ___________________________________________________________
1. Please provide evidence as to the ownership of the copyright.
You may direct copyright infringement notifications to DotMyStyle at B-77/3 Paryavaran Complex, Saket, New Delhi, India; email: firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements, your notice may not be valid.
b. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
i. Your physical or electronic signature;
ii. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
iv. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the district court in India, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, DotMyStyle may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at DotMyStyle’s sole discretion.
8. Account Termination Policy
The Terms will continue to apply until terminated by either you or DotMyStyle as follows. You may end your legal agreement with DotMyStyle at any time for any reason by deactivating your accounts and discontinuing your use of the Service. In order to deactivate your account and/or have your personal data deleted, please contact us at email@example.com. We may suspend or terminate your accounts or cease providing you with all or part of the Service at any time for any reason, including, but not limited to, if we reasonably believe:
(i) you have violated these Terms,
(ii) you create risk or possible legal exposure for us; or
(iii) our provision of the Service to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Service, except those terms you would expect to survive termination of this Agreement.
Nothing in this section shall affect DotMyStyle’s rights to change, limit or stop the provision of the Service without prior notice, as provided above in section 1.
If you purchase products or services directly from DotMyStyle, you authorize DotMyStyle to charge the applicable fees to you, including any ongoing charges for subscription renewals, through the designated payment method. You understand and acknowledge that DotMyStyle may adjust the pricing for its products and Service in the future and that you will be charged such adjusted fees on a going-forward basis after notice to you from DotMyStyle. If you purchase a subscription from DotMyStyle, your subscription will automatically renew at the end of each subscription term until you cancel the subscription. If you cancel a subscription, your subscription will terminate at the end of your current subscription period. You acknowledge that any payments you make to DotMyStyle are non-refundable. DotMyStyle may, at its discretion, provide you with a credit or refund, but such issuance of a credit or refund does not obligate DotMyStyle to provide you credits or refunds in the future. For in-app purchases, DotMyStyle adheres to the refund policy from the digital store where the purchase was made
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DOTMYSTYLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. DOTMYSTYLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. DOTMYSTYLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DOTMYSTYLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL DOTMYSTYLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DOTMYSTYLE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by DotMyStyle from its facilities in India. DotMyStyle makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so of their own volition and are responsible for compliance with local law.
12. Links and Third-Party Websites
The Service may contain links to third-party websites or resources. Please be aware that if you upload, link, or share any Content created on the Service to any third party website or services, including without limitation to Instagram, Snapchat, Facebook, or Pinterest your Content will be subject to the privacy policies terms, and conditions of those websites and mobile apps, which may have different rights, rules, and policies than provided herein. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by DotMyStyle Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Please review all applicable terms and policies before uploading your Content to any third-party website.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless DotMyStyle, its parent corporation, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by DotMyStyle without restriction.
15. General Terms: Waiver and Severability
a. Waiver - No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DotMyStyle’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
b. Controlling Law and Jurisdiction - Terms of Service shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Delhi. For all claims, legal proceedings, or litigation arising in connection with the Service. You consent to the jurisdiction of and venue in such courts and waive any objection as to an inconvenient forum. You agree that: (i) the Service shall be deemed solely based in India (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over DotMyStyle, either specific or general, in jurisdictions other than Delhi.
c. Entire Agreement and Severability - These Terms of Service, together with the Privacy Notice at https://www.dotmystyle.com/privacy-policy as applicable, the DotMyStyle Licensing Agreement, and any other legal notices published by DotMyStyle on the Service, shall constitute the entire agreement between you and DotMyStyle concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
d. Changes to the Agreement - We may revise these Terms from time to time, the most current version will always be at https://dotmystyle.com/terms-of-service. If the revision, at our sole discretion, is material we will notify you via email to the email associated with your account or through the Service. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth above. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by SUNSERG PVT. LTD. located at B-77/3 Paryavaran Complex, Saket, New Delhi, India Pin 110030. If you have any questions about these Terms, please contact us.
Effective: April 10th, 2021