Terms and conditions for use of STYLIGHT (“Terms”)
I. Terms and conditions for use of STYLIGHT websites
1.1 Stylight GmbH (“STYLIGHT”) owns, operates and controls the STYLIGHT websites (www.stylight.de, www.stylight.at, www.stylight.ch, www.stylight.nl, etc.) (together, the “Site”). STYLIGHT provides end users (“Users”) with free information relating to offers for products and services (“Offers”) supplied by third parties (“Partners”) on the Site (the “Service”).
1.2 These Terms set out in Sections I and III of these Terms apply to all Users of the Service.
2.1 STYLIGHT provides information to Users about Offers on the site. The information which STYLIGHT provides to Users (including information about Offers and links to Partner websites) has been supplied to STYLIGHT by its Partners. STYLIGHT and its Partners operate their respective websites independently at all times.
2.2 STYLIGHT is not responsible for the websites of its Partners or any third party websites which may be referred to (including by a link) in the Offers. STYLIGHT has no influence on the design or content of the linked pages and their subpages.
2.3 STYLIGHT reserves the right to change all or parts of the Offers as they appear on the Site and to add to, delete or cease publication of them temporarily or permanently without prior notice.
2.4 The Offers presented by the Partners are not offers from STYLIGHT. The Terms between the User and STYLIGHT govern the use of the Service by the User and do not constitute any terms and conditions in relation to the Offers. Agreements for the purchase of the products or services displayed in the Offers are entirely between the User and the Partner.
2.5 If a User expresses an interest in an Offer via the Site, the User is redirected to the website of the Partner submitting that Offer. Before an agreement between a User and a Partner is concluded, the User is required to verify with the Partner all relevant information previously provided by the Partner to the Site, including information about the sales price at the point of sale.
3. Property rights
3.1 All data, information, search results and text on or generated by the Site are protected by copyright under the Copyright Act (Urheberrechtsgesetz). The copying, distribution and modification of the information in part or in whole is not permitted without the express written consent of STYLIGHT. Any unauthorised reproduction, distribution, modification, public access and/or public rendering constitutes a copyright infringement and will be prosecuted under copyright law.
3.2 Users should be aware that company names, trademarks, logos and/or product designations listed on the Partners’ websites are also protected by law.
3.3 The Offers displayed on the Site are for information purposes only and must be used exclusively for non-commercial purposes. Users must not download any Offers to any device, such as a computer or data storage device. The repeated and systematic downloading of minor parts of the Offers is considered to be downloading of a substantial part of an Offer. The printing of Offers is permitted only for (i) non-commercial purposes, and (ii) only to the extent required for completing the purchase of an Offer. Any use of Offers for commercial purposes is prohibited.
4.1 While STYLIGHT endeavours to only display sound Offers in terms of content and lawfulness, STYLIGHT makes no warranty as to the content, correctness, lawfulness, completeness, quality or suitability of the Offers.
4.2 STYLIGHT does not warrant that the products and services displayed in the Offers can actually be purchased at the published prices from the Partners.
4.3 While STYLIGHT tries to provide the Service free of technical errors and faults, it reserves the right to resolve technical problems as and when necessary.
4.4 STYLIGHT makes no warranty as to the functional suitability and compatibility of Partners’ websites, systems or programmes that are not part of the Site.
5. Current nature of prices
5.1 STYLIGHT strives to ensure that the prices stated in the Offers displayed on the Site are as up-to-date as possible and that the prices on the Site are updated frequently. However, please note that the prices are determined by the Partners and may have changed since the most recent update of the Site. In the event of a conflict between the price set out in an Offer and the price on a Partner’s website, the actual price of the product or service displayed on the Partner’s website at the time of the User’s proposed purchase will be definitive.
5.2 For technical reasons, it is not possible to update the prices in real time. In exceptional cases, it may happen that the products or services displayed in an Offer cannot be purchased at the price stated on the Site or the product or service may no longer be available wholly or in a particular variation (including size and colour).
II. Terms and conditions of use for the STYLIGHT Community
1. Scope, services
1.1 STYLIGHT allows registered users on the Site (“Members”) the free participation in the STYLIGHT Community (“Community”) in addition to the Services.
1.2 Various features (“Functionality”), some of which are interactive, are available to Members.
1.2.1 Members may upload their own user profile (“Profile”) and content (such as photos and text), save their own data (such as dress size and favourite shops) and store and create lists of favourite products alone or with other Members, (“to Heart”), make comments, recommendations and reviews for products, brands, shops, classes and other Members, view profiles of other Members, follow other Members, contact other Members and to store personal information for a personalised search in order to receive personalised search results (including via email).
1.2.2 Members may import friend lists, for example from Facebook, Twitter or other social media platforms, and automatically synchronise with other Members.
1.2.3 STYLIGHT may suggest to Members new Members and/or trendsetters, articles, brands, categories and/or shops by email or in their profile, based on Members’ usage patterns, in particular Members and Hearted products of other Members.
1.3 The terms and conditions set out in sections II. and III. of these Terms shall apply to all Members.
2. Eligibility and registration
2.1 Only persons aged 18 or over or acting with the consent of their parent or guardians are eligible to register as Members and participate in the Community. STYLIGHT reserves the right to request proof of consent by a parent or legal guardian.
2.2 During the registration process, Users will be asked to provide their forename, surname, sex, email address, username and password.
2.2 Users agree not to make false statements about themselves and not to register under a false identity. Members shall immediately notify STYLIGHT of changes to information required for registration.
2.3 Users can register for the Community using an existing email address or an existing Facebook account. If a User is registering using an email address, the User will choose a password for the Member’s entry to the Community. If a User is registering using a Facebook account, the password for the Facebook account will automatically become the password for the Member’s entry to the Community. Members must keep passwords private. STYLIGHT will not divulge passwords to any third party and will not ask Members for their password.
2.4 As the authentication of Internet users is extremely difficult, STYLIGHT does not warrant that the identity of a Member is the actual identity of the owner of that name.
3. Member obligations
3.1 Members are responsible for all photos, texts, commentaries, videos, audio files, collages and other materials, which it places on the Community, even if such content is included as “embedded content” or links to third party websites which the Member makes available via the Community (collectively, “Content”).
3.2 Members agree that they will not include in their Content any swearing, insults, threats, obscenities, false statements of fact, disparagement, defamation, libel, defamatory, sexist, pornographic, racist, right-wing extremist, violent, extremist, any other illegal, political, promotional statements, formulations or pictures (“Inappropriate Material”) or links to any Inappropriate Material.
3.3 Members agree that they will not include Content or link to content that (i) infringes third party rights (including without limitation patents, trademarks, copyrights, privacy rights, naming rights) and/or (ii) violates any applicable law (including without limitation competition law).
3.4 Members agree that they will not use names, postal addresses, email addresses, number plates or other personal information of others, which contain indications about the identity of the third party in the Content without the express consent of that third party.
3.5 Members agree that they will not upload or to link to and/or send such content, generated by machine, or chain emails, viruses, worms, trojans or other software or elements which endanger the community or its members. STYLIGHT reserves the right to delete any mass mailings to a member in order to ensure the appropriate quality of use of the Community for other Members.
3.6 Members agree that they will not accept benefits from third parties for a positive evaluation or to promise such benefits to third parties.
3.7 Members agree that they will not use the Community for professional or commercial purposes or other non-personal use.
3.8 Members agree that they will not use tools, algorithms, or other automatic functions to generate page views or Content.
3.9 Members shall ensure that their access to the Community is used exclusively by themselves, and that access to their profile by a third party is prohibited.
3.10 Partners are not allowed to rate their own Content or arrange for their Content to be rated by third parties.
4. Granting of rights
4.1 Each Member acknowledges that their use of the Functionality and the Community is strictly in accordance with these Terms.
4.2 Each Member grants STYLIGHT the right to use its Content resulting from their use of the Functionality via their profile for the duration of their membership, and agrees to allow other Members to use the Content.
4.3 Each Member accepts and agrees that STYLIGHT advertises around Content in the Community and that smaller images are created of Content posted by Members (called thumbnails), which can be detected and displayed by search engines.
4.4 Each Member grants STYLIGHT (and its Partners and other STYLIGHT marketing websites) a non-exclusive, transferable right to use the Content for the duration of their membership, for the purpose of exploiting and utilising the Content and the purposes of the Community. The rights granted under this clause 4.4 include:
4.4.1 the rights of STYLIGHT to store, archive, copy, distribute, transmit, publish, broadcast and publicly communicate Content, regardless of the method of transfer/transmission (particularly via the Internet, mobile digital services and telecommunications platforms and services, TV, satellite, radio, cable or print) to be received by any device.
4.4.2 the right of STYLIGHT to export, link to and/or submit Content to a third party in whole or in part, from the Community on STYLIGHT appearances on social media platforms and other interpersonal communication and/or user-driven online services, such as Facebook and Twitter, in the Community, or make such Content available to third parties to then forward on those platforms and services.
4.5 Each Member may delete any Content they submit to the Community.
4.6 Each Member is responsible for ensuring and warranting that their Content does not infringe the rights of third parties (e.g. patents, trademarks, copyrights, privacy rights, naming rights) or contravene any the law (e.g. youth protection law, competition law).
4.7 In respect of the rights granted in sections 4.1 to 4.5, the warranty under section 4.6 and the Members’ obligations set out in section 3 above, each Member indemnifies STYLIGHT from third-party claims, including reasonable legal costs.
5. Responsibility for Content
5.1 The Functionality provided by STYLIGHT in the Community is free of charge.
5.2 STYLIGHT expressly points out that the Content uploaded and submitted by Members is purely subjective fact, opinion and assessment of other Members, and that Members are solely responsible for their own Content.
5.3 STYLIGHT does not moderate or pre-screen any Content uploaded or submitted by Members and is not responsible for any such Content, including the accuracy or legality of the Content.
5.4 If STYLIGHT becomes aware of any illegal Content and/or any Content which breaches these Terms, STYLIGHT is entitled to delete such Content immediately.
6. Infringement, exclusion and withdrawal from the Community
6.1 If any Member breaches these Terms, in particular paragraphs II.2., II.3. and II.4., STYLIGHT may in its sole discretion, and without prejudice to any other claims, exclude the Member from the Community and block that Member’s profile and/or delete the Content posted by that Member, temporarily or permanently.
6.2 If a Member believes that any Content infringes the rights of a third party, applicable laws or these Terms please provide a detailed description of the offending content by e-mail to: email@example.com.
6.3 If a Member deletes their profile and leaves the Community, STYLIGHT will immediately delete that Member’s profile and the Content uploaded by that Member. For the avoidance of doubt, this provision does not extend to Content sent, exported or otherwise transferred to third parties or other social media platforms by STYLIGHT or a Member during their membership of the Community.
7. Consent to receive newsletters and User of the Week
7.1 Each Member expressly consents to receiving the STYLIGHT newsletter with articles about Partners at their profile and/or designated email address.
7.2 Each Member expressly consents to receiving a personalised newsletter from STYLIGHT based on their Hearted articles and/or the information and Content on their profile either on their profile and/or designated email. Each Member agrees that they may appear in the newsletter as “User of the Week” with their profile photo and references to aspects of their activities in the Community, such as the number of Hearted articles, or a selection of the Hearted articles.
7.3 Each Member expressly consents to being featured in the Community as a “User of the Week” with their profile photo, aspects of its activities in the Community such as the number of Hearted articles, or a selection of the hearted articles.
7.4 The Member expressly consents to being featured in the editorial content of the Community in which fashion trends or current products are described, which includes featuring their profile and stating their user name, for example if the Member has hearted the article in the editorial.
III. General Provisions
1.1 STYLIGHT gives no warranty that the Service, the Functionality or the Community are available or accessible without interruption.
1.2 STYLIGHT is not liable for technical transmission delays, interruptions, errors, failures of the Service, the Functionality or the Community and the resulting consequences for any User or Member, such as loss of data, if the causes are beyond the control of STYLIGHT.
1.3 STYLIGHT is not liable for any unauthorised acquisition of personal details of Users, or Members by third parties, such as by hackers.
1.4 STYLIGHT is not liable or responsible for the content, accuracy, the legality or effectiveness of third party websites that are referenced in the Service and/or the Community.
1.5 STYLIGHT accepts unlimited liability for its own intentional or grossly negligent behaviour.
1.6 STYLIGHT is liable for slight negligence – except in cases of personal injury or death – only if essential contractual obligations (cardinal obligations) are breached. Cardinal obligations are obligations which are guaranteed in the User relationship by its nature and purpose or whose fulfilment enables the proper execution of the agreement, and for which the User can be expected to comply. The liability of STYLIGHT is limited in this case to typical and foreseeable damage.
1.7 Any liability for indirect and unforeseeable damage and lost profits is excluded in cases of simple negligence – except in situations of unlimited liability conditions set out in section III.1.6 above.
1.8 STYLIGHT has no liability beyond that provided in these Terms – regardless of the legal nature of the claim.
1.9 The limitations or exclusions of liability in sections III.1.6, 1.7 and 1.8 do not apply to a statutory strict liability or the liability of STYLIGHT from a contractually assumed warranty depending on fault.
1.10 Where STYLIGHT’s liability is excluded or limited, such exclusion or limitation of liability also applies to the personal liability of its officers, employees, officers, representatives and agents.
2. Final provisions
2.1 These Terms and the legal relationship between the User and STYLIGHT are governed by German law, excluding the UN CISG.
2.2 If any provision of these Terms is or becomes invalid, this does not affect the validity of the other provisions. In this case, the parties shall replace the ineffective clause by a valid clause which most closely reflects the ineffective clause in legal, economic and factual issues.
2.3 These Terms are subject to the exclusive jurisdiction of Munich (if legally permissible).