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YesStyle Websites’ Terms Of Use
Last updated:  July 26, 2010

TERMS OF USE

Welcome to YesStyle.com.au, a website owned and operated by YesStyle.com Ltd. These Terms of Use govern your use of the YesStyle.com.au website and all subdomains thereof (including www.yesstyle.com/blog and yesstylist.com). By using, visiting or shopping at the YesStyle.com.au website, you agree to be bound by these Terms of Use, as well as the other policies posted on the YesStyle.com.au website.

By showing the products on the YesStyle.com.au website, YesStyle.com Ltd. is making an offer only to those who are legally capable of accepting, and do accept, such offer in Hong Kong ("the Offer ") to sell those product(s) on the terms and conditions set out below. If you place an order for products shown on the YesStyle.com.au website, your order will be deemed an acceptance in Hong Kong of the Offer pursuant to these Terms of Use.

In these Terms of Use, we refer to YesStyle.com Ltd. as "YesStyle.com",www.yesstyle.com/blog and yesstylist.com as "The YesStylist" and the YesStyle.com.au website and all subdomains thereof (including The YesStylist) as the "Website".

USE OF THE WEBSITE

License and Website Access

YesStyle grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Website and not to download (other than page caching) or modify the Website, or any portion of the Website, except with express written consent of YesStyle.  YesStyle also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of the Website so long as the link does not portray YesStyle, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

Prohibited Uses of the Webite

The licenses set forth in these Terms of Use do not include any rights to:
  • interfere or attempt to interfere with the proper operation of the Website;
  • bypass any measures used to prevent or restrict access to any portion of the Website;
  • use any robot, spider, data-miner, scraper or other automated means to access the Website or its systems for any purpose or to copy, probe, test or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any of the systems or networks comprising or connected to the Website;
  • compile, repackage, disseminate or otherwise use data available on or extracted from the Website, including product information and prices;
  • reproduce, record, retransmit, sell, rent, distribute, publish, post, or perform any of the content of the Website;
  • modify, download (other than page caching), reproduce, copy, or resell the Website, the content or any portion or derivative thereof;
  • copy or download any the account information of any user of the Website for the benefit of any other person or entity;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of YesStyle;
  • use YesStyle’s name, trademarks, service marks or logos in any meta tags or any other “hidden text”; or
  • use YesStyle’s logo or other proprietary graphic or trademark as part of a link without express written permission.

Each of the foregoing is expressly prohibited unless YesStyle’s prior express written consent has been given.  Any unauthorized use of the Website or any portion or derivative thereof shall terminate any license or permission granted by YesStyle.

Termination of Access

You agree that YesStyle may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Website (including access through Facebook Connect as described below) and your “My Account” without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Website or assistance to others’ attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Website, (3) discontinuance or material modification of the Website or any service available on or through the Website, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies.  YOU AGREE THAT YESSTYLE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE WEBSITE.

INTELLECTUAL PROPERTY RIGHTS; THE YESSTYLIST CONTENT; USER CONTENT

Copyright

All content included on the Website, including, without limitation, text, articles, graphics, logos, user interfaces, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, ("Content") is the property of YesStyle or its suppliers, licensors or content suppliers (including users who supply Content) and is protected by applicable copyright laws.  The design, selection, arrangement, coordination and compilation of all content on the Website are the exclusive property of YesStyle and protected by applicable copyright laws.  All software used on the Website is the property of YesStyle or its software suppliers and protected by applicable copyright laws.

Trademarks

YESSTYLE, YESSTYLE.COM, YESASIA, YESASIA.COM, and PEOPLESTYLE are trademarks, registered trademarks, or service marks of YesStyle or its affiliates or licensors.  All rights are reserved.  These and other trademarks, service marks, graphics, logos and trade dress of YesStyle and its affiliates and its suppliers and licensors used on the Website may not be used without prior written consent of YesStyle or its applicable affiliate, supplier or licensor, as the case may be.  Without limiting the foregoing, no YesStyle trademark, service mark or trade dress may be used in connection with any product or service that is not YesStyle’s, in any manner that is likely to cause confusion among users or customers, or in any manner that disparages or discredits YesStyle.

The YesStylist

Content on the Website and the The YesStylist may be provided by third parties. Any opinions, advice, statements, services, offers, information or other Submissions or Content expressed or made available by third parties on or through the Website ("Third Party Content") are solely those of the respective authors or distributors, and not of YesStyle or its Affiliates. None of YesStyle, its affiliates, or the third-party providers of Content guarantee the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any such Third Party Content. YesStyle and its affiliates expressly disclaim all responsibility for, and make no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability or usefulness of any opinion, advice, service, offer, statement, or other Third Party Content made through the The YesStylist or any other part of the Website by anyone other than an authorized YesStyle representative while acting in his/her official capacity. YesStyle and its affiliates are not responsible for any errors or omissions in any Third Party Content, or for links embedded in any Third Party Content. Under no circumstance will YesStyle, any affiliate or their respective employees, officers, directors, shareholders, agents, and representatives, be liable for or in connection with any loss or damage caused by your reliance on any Third Party Content.

Reviews and Other User Content

Where allowed on the Webite, users or other persons may submit reviews, articles, comments, contest entries, and other Content on or to the Website, or users may offer or disclose Content, ideas, or other materials to YesStyle in connection with the Website (each such submission, offer or disclosure being a "Submission") . If you choose to submit such Content, you agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such Content.  You agree, represent and warrant that any Submissions submitted by you to the Website will be accurate and will not violate these Terms or Conditions, any applicable law or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.  You agree, represent and warrant you have the authority to make all Submissions submitted by you and to grant the rights and licenses described herein with respect to all such Submissions. You further agree, represent and warrant that no Submission submitted by you to the Website will be or contain libelous unlawful, false, misleading, threatening, harassing, defamatory, discriminatory, racist, violent, sexually explicit, pornographic, indecent, offensive, abusive or obscene material, or contain software viruses, political campaigning, commercial, survey, research or other solicitations, bulk communications, chain letters, advertising, commercial offers, mass mailings or any form of “spam”. 

YesStyle has the right but not the obligation to monitor and edit, move or remove any activity, Content or Submission on the Website . However, YesStyle does not regularly review Submissions, and is entitled to presume that all Submissions comply with these Terms of Use. 

YesStyle does not acquire title or other ownership rights in or to any Submission made by you. However, you agree that by posting, uploading, inputting, providing or otherwise submitting, offering or disclosing a Submission you are: (1) unconditionally granting YesStyle, its affiliates and sublicensees permission, without compensation to you or any third party, to use your Submission in connection with the operation of their businesses (including, without limitation, the Website), including, without limitation, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sub-licensable right and license to: use, copy, excerpt, distribute, disclose, transmit, display (publicly or otherwise), perform (publicly or otherwise), publish, reproduce, edit, create derivative works from, translate, reformat, host, index, cache, tag, encode, modify and adapt your Submission in any manner, for any purpose, without restriction, and in any form or media now known or hereinafter developed and to use and publish in connection with your Submission your name, image, and other personal information, to the extent submitted by you in connection with your Submission; and (2) unconditionally granting to each user of the Website a non-exclusive license to access your Submission through the Website, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the Website and under these Terms of Use. To the extent any right you may have in or relating to any Submission cannot be licensed to YesStyle or its affiliates under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, patent rights, copyright rights, and "moral rights" or other rights with respect to attribution of authorship or integrity of materials. YesStyle is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to treat any Submission or the ideas therein as proprietary; (3) to pay to you or any person or entity any compensation for any Submissions; or (4) to use, return, or respond to any Submissions.

YesStyle takes no responsibility and assumes no liability for any Submissions.  Any opinions, advice, statements, services, offers or other information are those of the respective authors and not of YesStyle.  It is the responsibility of users to evaluate the accuracy, completeness or and usefulness of any opinions, advice or other information posted by customers or other persons on the Website. In addition, YesStyle shall have no liability for any damage, the use (including without limitation re-publication) or misuse by any third party of any Submission. YesStyle will not assume any liability for any damage resulting from any infringement of copyrights or proprietary rights in any Content submitted by users or other persons, or from any other harm arising from any such Content. However, if you believe that the Website contains Content (Submissions or otherwise) that infringes copyright rights held by you, you may contact us via e-mail at privacy@yesstyle.com or by postal mail at YesStyle.com Limited, 9/F, Watson Centre, 16-22 Kung Yip Street, Kwai Chung, N.T., Hong Kong.

Any sweepstakes, contests, or similar promotions made available through the Website will be governed by specific rules separate from these Terms of Use, provided that unless the separate rules provide otherwise, all information submitted through a sweepstakes, contest, or similar promotion will be considered Submissions and will be subject to the terms hereof. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contest, or promotion, may have eligibility requirements, such as certain age or geographic restrictions.

IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES AND REGIONAL INTELLECTUAL PROPERTY RIGHTS

YesStyle’s product inventory available on the Website includes tens of thousands of products, and product listings are constantly being changed and updated.  YesStyle’s customers are located in various parts of the world.  As a result, it is impossible for YesStyle to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law.

YESSTYLE MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE.  IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE WEBSSITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION THE UNITED STATES OF AMERICA, AS A RESULT OF LOCAL CUSTOMS REGULATIONS AND LOCAL COPYRIGHT AND TRADEMARK RIGHTS.

BY PURCHASING A PRODUCT THROUGH THE WEBSITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED YESSTYLE TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE“IMPORTER” OF THE PRODUCT TO YOUR COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS AND COPYRIGHT AND TRADEMARK LAWS.  YOU ACKNOWLEDGE AND AGREE THAT YESSTYLE’S ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE WEBSITE TO YOU FOR PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO YOUR COUNTRY.  IN NO EVENT WILL YESSTYLE BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL IT BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION FOR ANY REASON, INCLUDING WITHOUT LIMITATION C, CONTENT ON THE WEBSITE, USE OF SUBMISSIONS, THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE WEBSITE, CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES AND COPYRIGHT AND TRADEMARK LAWS.

By purchasing a product through the Website, customers outside of Hong Kong authorize YesStyle to make arrangements for clearance of customs on their behalf for the products they have ordered.

The Website is controlled, operated and administered by YesStyle (or its licensees or agents) from its offices within the Hong Kong Special Administrative Region and is not intended to subject YesStyle to the laws or jurisdiction of any state, country or territory other than that of the Hong Kong Special Administrative Region. YesStyle does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the Hong Kong Special Administrative Region. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. YesStyle may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction YesStyle chooses, at any time and in YesStyle’s sole discretion.

PAYMENT FOR PRODUCTS PURCHASED THROUGH THE WEBSITE

Methods of Payment

YesStyle plans to offer a variety of payment methods on the Website for the convenience of customers.  Please note that each of the payment methods discussed below may not be available at all times.  You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.

If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder.  YOU, AND NOT YESSTYLE, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY.  You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred.  Unless you notify YesStyle of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes.  If YesStyle does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by YesStyle or its agents.

If and when payment by PayPal® is available on the Website, the User Agreement for PayPal Service will govern your use of that service, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a PayPal member.  YOU, AND NOT YESSTYLE, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYPAL ACCOUNT BY A THIRD PARTY.  You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred.  Unless you notify YesStyle of any discrepancies within sixty (60) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes.  If YesStyle does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by YesStyle or its agents.

For customers in Hong Kong, YesStyle may offer the option to pay by direct deposit to specified bank accounts of YesStyle or by cash on delivery (COD).  If either of these options are available, a description will be included in “Customer Service – About Payment”.  Any fees payable in connection with direct deposit or COD, including any fees payable by YesStyle’s bank, must be paid by customers.

Unless expressly set forth on the Website, we do not accept any other payment form.  If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment.

Please refer to “Customer Service – About Payment” for more information regarding YesStyle’s policies and procedures relating to customer payments.

Taxes

You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.  YesStyle will automatically charge and withhold any applicable tax for orders to be delivered to any jurisdictions that it deems is required.

Currencies

All transactions conducted by or with YesStyle, including sales of items shown on the Website, issuance of gift certificates and credit for returned merchandise, are made in Australian Dollars.

Payment made by credit card or PayPal® in a currency other than Australian Dollars will be converted to Australian Dollars at the exchange rate determined by your credit card issuer or PayPal.  Please consult your credit card issuer agreement or the User Agreement for PayPal Service for information regarding the determination of exchange rates by them.  These exchange rates may include a “spread,” or amount payable to PayPal or the credit card issuer, which will result in the actual price paid being higher than the posted Australian Dollar price.

NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.

YesStyle does not provide cash refunds to customers.  However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than Australian Dollars and such refund was made through the customer’s credit card or PayPal®, then the credit card issuer or PayPal would determine the applicable exchange rate at such time as provided above.

In no event will YesStyle be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.

YesStyle is located in Hong Kong and uses a Hong Kong payment gateway for its credit card transactions. Some banks or credit card companies will charge transaction fees for international purchases, which will be reflected on your credit card statement as an extra charge. Payment for these charges are not the responsibility of either YesStyle or the Website. You are advised to confirm with your bank or credit card company for details of their foreign transaction fees.

YesStyle Coupons

YesStyle may provide coupons to certain customers through loyalty or promotional campaigns.  Terms and conditions of coupons will be as separately advised by YesStyle or as set forth at “Customer Service – About Coupons.”

PRODUCT DESCRIPTIONS AND PRICES

Product Descriptions

Products shown on the Website may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products.  YesStyle does not represent or warrant that the descriptions of any products shown on the Website are accurate or complete.  IF A USER PURCHASES A PRODUCT FROM YESSTYLE THAT IS NOT AS DESCRIBED ON THE WEBSITE, THE USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR YESSTYLE CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.

We have made every effort to display the colors of products on the Website as accurately as possible.  However, as the actual colors you see will depend on your monitor we cannot guarantee that your monitor’s display of any color will be accurate.

Prices

We cannot confirm the price of a product until you order.  It is possible that the price for a product may increase or decrease between the time that the product is placed in a shopping cart and the time the purchase is actually made.  Also, despite our best efforts, a small number of the products on the Website may display incorrect prices.  If the price for the product on the Website is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of YesStyle, YesStyle may either (a) contact you for instructions before shipping the product or charging you for such product, or (b) cancel the order for such product and notify you of such cancellation.

YesStyle will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, or contain other incorrect information or typographical errors  or are unavailable for any reason.   YesStyle will have this right regardless of whether the order has been confirmed or your credit card has been charged.  If your credit card has already been charged for the purchase and your order is cancelled, YesStyle will immediately issue a credit to your credit card in the amount of the charge.

Price Comparisons and “Save” Amounts

Price comparisons may be made throughout the Website to indicate the relative savings amounts of our pricing.  Amounts shown as “Save” reflect the difference between the sale price and our normal price, or “list” price, for a given product.  However, we make no representation that a substantial number of these products have been sold or made available for sale at the list price.

ORDER PROCESSING, SHIPMENT, RETURNS, WARRANTIES

Order Acceptance

YesStyle is located in Hong Kong.  By displaying products on the YesStyle website, YesStyle is making an offer to sell such products only to those who are legally capable of accepting, and do accept, such offer in Hong Kong.  If you place an order for products shown on the Website, your order will be deemed an acceptance in Hong Kong of our offer.
We may confirm our receipt of your acceptance by sending a confirmation to the e-mail address that you provide.

Passage of Title

Title to products, and risk of loss of such products, passes to you upon delivery to the common carrier selected by us to deliver your order.
You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity.  Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of our agreement to sell products to you.

Returns

YesStyle accepts returns of most defective products, products damaged in shipping, and (in the case of clothing) products of incorrect sizes, in accordance with the terms and conditions posted from time to time at “Customer Service – Shipping and Returns.”

Replacement or repair of returned products will be made in accordance with the Return and Refund Policy.  Any refunds provided pursuant to the Return and Refund Policy will be made in the form of credit that may be applied to other purchases on the Website.  In no event will cash refunds be made.

OTHER ISSUES

User Privacy; Data Security

Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices with respect to usage and handling of user information.

You acknowledge and agree that the Website and its subdomains are public spaces and that your participation in and Submissions on or to the Website creates no expectation of privacy. Further, you acknowledge that any personal information you submit on or to the Website may be seen and used by others. YesStyle is not responsible for information that you or others choose to submit on or to the Website, or for your actions or the actions of other users. YesStyle or its designated agents may remove or alter any information, Content or other Submission posted or otherwise disclosed in any Website at any time for any reason. NEVERTHELESS, IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE AS A SUBMISSION OR OTHERWISE ON OR THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.

While YesStyle takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information.  IN NO EVENT SHALL YESSTYLE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER YESSTYLE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Your Account

Certain portions of the Website may require you to establish an account, a username and a password. You are responsible for maintaining the confidentiality of your account, username, and password for the Website, and agree to accept responsibility for all activities that occur under your account, username or password. You agree to notify YesStyle immediately of any unauthorized use of your account, username or password, or any other breach of security. You may not use anyone else’s account, username or password at any time. You may not attempt to gain unauthorized access to the Website. You may not authorize other persons to use your account, username, or password. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted in the registration process.  You may update your “My Account” information by clicking on the “My Account” link on the Website.

Applications; Facebook Connect

The Website may contain links, log in interfaces, and other connections to third-party websites and applications (including, without limitation, websites, widgets, software, and other software utilities) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by YesStyle. These Applications are provided solely as a convenience to you, and YesStyle is not responsible for and does not sponsor or endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your YesStyle account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information about you, your actions on the Website, or relating to your YesStyle account, you are consenting to such information being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if YesStyle has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold YesStyle harmless from any sharing of information about you, your actions on the Website, or relating to your YesStyle account that results from your use of an Application. In addition, each Application’s end user license agreement, terms of use, privacy policy and any other documentation or materials designated by the Application will govern your use of that Application. You may revoke an Application’s access to your YesStyle account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. YesStyle does not take any responsibility for the performance of any Application or the use of any information shared with any Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not YesStyle. YESSTYLE DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

YesStyle may allow you to log in to the The YesStylist and other portions of the Website using the "Facebook Connect", a Facebook, Inc. ("Facebook") Application, either as the sole means of logging in, or as an alternate means. In addition to the terms set forth above with respect to all Applications (and without limiting the generality thereof), by using Facebook Connect, you permit the Website to access information related to your Facebook account (including your profile information, friends, and privacy settings) and you permit Facebook, Inc. to check your Facebook account cookies when you are visiting the Website and to receive information concerning the actions you take on the Website.

Third-Party Links

The Website may contain links to other websites.  We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of the businesses or individuals operating these websites or the content of these websites.  YesStyle does not assume any responsibility or liability for the actions, products, or content of any of these websites.  You should carefully review the privacy statements and other conditions of use set forth in such websites.

Age of Users

YesStyle does not intend the Website to be viewed or used by individuals under the age of 18 (“minors”) without the supervision of a parent or guardian 18 years of age or older.  YesStyle relies upon parents or guardians to determine if any Content or items available on the Website are appropriate for the viewing, access or purchase by minors.  If a user is a minor, such minor may use the Website only under the supervision of parent or guardian. If a user is under 13 years of age the user may not, even under the supervision of a parent or guardian, make any Submissions.

Communications

You consent to receive communications from us by e-mail.  We will communicate with you by e-mail or by posting notices on the Website.  You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE WEBSITE AND THE CONTENT ARE PROVIDED BY YESSTYLE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.  YESSTYLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, THIRD PARTY CONTENT, APPLICATIONS,OR MATERIALS INCLUDED ON THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  YESSTYLE DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM YESSTYLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YESSTYLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE WEBSITE, CONTENT, OR THIRD PARTY CONTENT, THE USE OF THE WEBSITE, ANY SUBMISSIONS, ANY LINKS ON THE WEBSITE, ANY APPLICATIONS OR ANY E-MAIL SENT FROM YESSTYLE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YESSTYLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS SOLD BY IT OR AVAILABLE ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Applicable Law and Disputes

Applicable Law

By visiting the Website, you agree that the laws of the Hong Kong Special Administrative Region, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and YesStyle or its affiliates.

ALL USE OF THE WEBSITE, SUBMISSIONS, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE WEBSITE, AND TRANSACTIONS CONCLUDED THROUGH THE WEBSITE, INCLUDING PURCHASES OF PRODUCTS ON THE WEBSITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.

Disputes

Any dispute, controversy or claim relating in any way to the Website (including, without limitation, your visit to and use of the Website), to your Submissions, to the licenses granted hereunder, or to products you purchase through the Websiteshall be submitted to confidential binding arbitration in Hong Kong conducted under Hong Kong law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of YesStyle or any affiliate or licensor of YesStyle, YesStyle may seek injunctive or other appropriate relief in any appropriate jurisdiction and court.  Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre.  There shall be one (1) arbitrator.  The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an English translation thereof.  The arbitrator shall state the reason upon which the award is based.

Severability

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of the Terms of Use.

Delay in Enforcement

No delay or failure to take action under these Terms of Use shall constitute any waiver by YesStyle of any provision of these Terms of Use.

Complete Agreement

These Terms of Use, together with any other policies posted on the Website from time to time, constitute the complete agreement between the parties and supersede all prior agreements or representations between them.

Indemnification

You agree to defend, indemnify and hold harmless YesStyle and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website and any Content available on the Website, any breach of these terms of service, and/or any Submissions submitted, in each case by you or any user of any of your accounts.

Modification to Terms of Use

YesStyle reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time.  It is your responsibility to check these Terms of Use each time before using the Website.  Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.  You agree that all subsequent purchases by you, all Submissions, and all other uses of the Website will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use.

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