Stylinity StylePerks™ Rewards Program Terms and Conditions

Revised: August 10 2015

  1. Your Acceptance

    1. By using or visiting the Stylinity website or any Stylinity products, software, data feeds, and services provided to you on, from, or through the Stylinity website, mobile website, mobile applications, or Style Stage (collectively the "Service") you may become eligible to participate in the Stylinity Consumer StylePerks™ Rewards Program, the Stylinity Influencer StylePerks™ Rewards Program, or the Stylinity Celebrity StylePerks™ Rewards Program (collectively, the “Program”). Should you choose to participate in any of these programs, you signify your agreement to (1) the Stylinity Terms and Conditions (the "Terms of Service"), (2) Stylinity's Privacy Policy, (3) Stylinity's Community Guidelines, and (4) the Stylinity StylePerks™ Rewards Program Terms and Conditions. If you do not agree to any of these Terms, the Stylinity Privacy Policy, the Community Guidelines, or the Stylinity StylePerks™ Rewards Program Terms and Conditions, please do not use the Service.

    2. Although we may attempt to notify you when major changes are made to these StylePerks™ Rewards Program Terms & Conditions, you should periodically review the most up-to-date version. Stylinity may, in its sole discretion, modify or revise the StylePerks™ Rewards Program Terms & Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these StylePerks™ Rewards Program Terms & Conditions shall be deemed to confer any third-party rights or benefits.

  2. The Program

    1. The Stylinity StylePerks™ Rewards Program Terms & Conditions apply to all users of the Service who choose to participate in the Program, including all users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, images, data, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Stylinity, including but not limited to all products, software and services offered via the Stylinity website, Stylinity mobile website, and Stylinity applications.

    2. The Stylinity StylePerks™ Rewards Program is subject to all applicable federal, state and local laws and regulations and is void where prohibited. Open to legal residents of the 50 United States and Washington, DC, who are 18 and older. Void where prohibited by law. Users not eligible for the Stylinity StylePerks™ Rewards Program may still be eligible to use the Service without participating in the Stylinity StylePerks™ Rewards Program.

    3. The Service will contain links to third party websites that are not owned or controlled by Stylinity. Stylinity has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Stylinity will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Stylinity from any and all liability arising from your use of any third-party website.

    4. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

    5. Should you choose to submit Content to the Service, you may become eligible or continue to remain eligible to participate in the Stylinity StylePerks™ Rewards Program. As the Owner of Content that you have shared on the Service, you may, under certain circumstances, be eligible to receive points redeemable towards StylePerks Rewards, both financial and of other materially valuable nature, as a result of your sharing of such Content and the subsequent purchase on participating websites that have established affiliate relationships with Stylinity, by others, of products that you have tagged within Content you have created.

    6. Should you choose to click links contained within Content shared by yourself or others, and should you choose to subsequently make purchases on websites that have an established affiliate relationship with Stylinity, you may be eligible, under certain circumstances, to receive points redeemable towards StylePerks Rewards, both financial and of other materially valuable nature, as a result of your purchases.

    7. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STYLINITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, THE STYLINITY STYLEPERKS™ REWARDS PROGRAM, YOUR PARTICIPATION IN THE STYLINITY STYLEPERKS™ REWARDS PROGRAM, YOUR RIGHTS, ABILITY, OR LIKELIHOOD TO EARN REWARDS THROUGH THE PROGRAM, AND YOUR USE THEREOF.

    8. In the event you become eligible to participate in the Stylinity StylePerks™ Rewards Program, subject to the Stylinity StylePerks™ Rewards Program Terms & Conditions and subject to change, discontinuation, or cancellation, you will be eligible to receive Rewards per the terms in Exhibit A
      At times, some users may be invited to participate in the Stylinity StylePerks™ Influencer Rewards Program or the Stylinity StylePerks™ Celebrity Rewards Program, offering additional benefits and accelerated rewards earning rates. Invitations and participation in these programs are extended and confirmed at Stylinity’s sole discretion.

    9. You agree and understand that you are not eligible to participate in the Stylinity StylePerks™ Rewards Program until your Account would have otherwise accrued, had you been a participant in the Stylinity StylePerks™ Rewards Program, at least 1,500 points within a twelve (12) month period. Stylinity will provide tracking of the points you would have accrued if you were a participant, and should the points value that would have accrued reach 1,500 within a twelve month period, you will be notified and, subject to other restrictions, offered the opportunity to join the Stylinity StylePerks™ Rewards Program.

    10. Should you be offered the opportunity to join the Stylinity StylePerks™ Rewards Program, you may become eligible for a 1,500 point bonus to be deposited into your rewards account for joining the Program. Once you have joined the program, your points balance will continue to accrue per the Stylinity StylePerks™ Rewards Program Award Schedule in Exhibit A, and to be available for redemption on certain quarterly redemption dates (the “Redemption Periods”). Redemptions of cash awards will be payable through a third party service, such as Paypal, selected by Stylinity. You agree that if you do not have a Paypal account, or other variety of account designated by Stylinity and necessary for you to receive payment, you will either open such an account, select an alternate Rewards redemption, if available, choose not to join the Program, withdraw from the program, or forfeit the points otherwise available to you through your participation in the Stylinity StylePerks™ Rewards Program.

    11. You agree that participation in the Stylinity StylePerks™ Rewards Program is at your own risk, and that you may choose not to participate. Stylinity is not liable for any financial impact on you or your family, positive or negative, resulting from payments made to you through the Stylinity StylePerks™ Rewards Program. You are further advised to consult a tax professional regarding your participation in the program to determine whether you may face any adverse impact as a result of your participation in the Program. The value of any rewards may constitute taxable income to you. Stylinity may issue an Internal Revenue Service Form 1099 (or other appropriate form) to you that reflects the value of such rewards. Neither Stylinity, its affiliates, nor their employees provide tax advice.

    12. You agree that, should you choose to participate in the Stylinity StylePerks™ Rewards Program, you will provide any necessary documentation or information, to Stylinity or its designated partner, including but not limited to Social Security numbers and registration, address, name, date of birth, and other personally identifiable information as may be necessary for Stylinity to issue payments to you and remain in compliance with all applicable laws and regulations. Stylinity and its designated partner will never ask for this information, or any of your account information, in an unsecure email.

    13. Rewards points may take up to 90 days to post to your account, as we must wait for returns periods and payment confirmations from our partners. You will see pending points in your StylePerks Rewards program account. Pending points should not be considered awards and are not redeemable for reward redemption until they have cleared and posted to your account.

    14. Stylinity StylePerks™ Rewards Points have no cash value, are non-transferable, cannot be bought, sold, or bartered, and are void where prohibited. Stylinity StylePerks™ Rewards Points can be redeemed for cash, products, and experience awards, which will be distributed during quarterly redemption periods. Available rewards can be found in the Stylinity StylePerks™ Rewards Program Catalog, which will be distributed via email to eligible members in advance of registration periods. Stylinity reserves the right to add, edit, amend or delete rewards options at any time, at its discretion. Updates to the Rewards catalog will be distributed as available to the registered user’s email address.

    15. All Point redemptions for Rewards are final. No refunds or exchanges will be permitted for redeemed points.

    16. Stylinity reserves the right to modify the available Rewards and corresponding Point totals at any time and for any reason in Stylinity’s sole and absolute discretion.

    17. Any Points remaining in a Participating StylePerks™ Rewards Program Member’s Account which has not reached the threshold of 1,500 points within twelve (12) months will be forfeited without compensation.

  3. 3. Redemption of Rewards Points

    Redemption Periods shall be four times each year, occurring on March 31st, June 30th, September 30th, and December 31st. In the event of a holiday or weekend, the Redemption Period shall be the first non-holiday business day following the regular Redemption Period. Eligible users may request redemption for awards at any time, but redemption awards will only be made on these dates, and with awards that are available on these dates. Should a user request redemption for a reward that is no longer available during the Redemption Period, user’s points will not be deducted from their account, and they will be notified so as to be able to choose another redemption option.

    Rewards Redemption levels will begin at 50,000 points. Stylinity may, at its discretion, choose to offer limited special redemption opportunities at lower point levels. Redemption level minimums are subject to change, at the sole discretion of Stylinity

  4. Indemnity

    You recognize and affirm that, as Stylinity is subject to the policies and business activities of its affiliates, Stylinity cannot and does not make any warranties, express or implied, regarding its ability to make payments to you through the Stylinity StylePerks™ Rewards Program and to the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Stylinity and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, 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, and (v) any claim regarding your rights to any payments as a result of your participation in the Stylinity StylePerks™ Rewards Program. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

  5. Ability to Accept Terms of Service

    Should you choose to participate in the Stylinity StylePerks™ Rewards Program, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You also affirm that you are eligible to work or receive payments in the United States and that you are a Citizen, lawful permanent resident, or otherwise own a visa that allows you to earn income within the United States. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.

  6. Assignment

    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Stylinity without restriction.

  7. General

    You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Stylinity, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Stylinity that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in New York, NY. These Terms of Service, together with the Privacy Notice at and any other legal notices published by Stylinity on the Service, shall constitute the entire agreement between you and Stylinity 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. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Stylinity's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Stylinity reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Stylinity AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Dated: February 12, 2015

    Exhibit A: Stylinity StylePerks™ Rewards Program Overview

    All Stylinity Users are required to abide by the Terms of Service to which they agree upon signup. Terms of Service policies can be found here.

    Users may be invited or apply for admission into the Stylinity StylePerks Influencer Rewards program, where they will generally receive a higher point award than standard users for creating and posting Looks that lead to sales. Users must receive written approval from Stylinity indicating they have been accepted into the Stylinity StylePerks Influencer Rewards Program to be enrolled into the program. Stylinity reserves the right to refuse enrollment at its discretion.

    Stylinity StylePerks Rewards points are awarded for creating and posting content that drives a Buy Now click from that Look that leads to a sale on a partner retailer’s e-commerce site while Stylinity tracking cookies remain in effect. Reward point credit for Stylinity StylePerks Users is 30% of the net total affiliate commission received by Stylinity for that individual transaction, and accrue in the User’s StylePerks™ Reward Program Account until User reaches a point level applicable to redeem a reward. Net total affiliate commission means the total commission value received on the individual transaction for the influenced purchase, net of tax, shipping & handling charges, distribution charges, and other associated costs, rounded down to the nearest whole dollar before awarding.

    Stylinity may also offer opportunities to earn bonus points from time to time and will communicate these opportunities to Users via their registered email.

    Remember, if you create an image, the more it is viewed, the more opportunity it has to lead to purchase – and you will always be rewarded as the Creator. The rewards can really add up if you create and share a Shoppable Look and share with your social followers using the Stylinity tools.

    StylePerks™ Reward Redemption options can be found in the Stylinity StylePerks™ Rewards Program Redemption Catalog, which will be distributed to all StylePerks™ Rewards Program members after registration. Stylinity may make StylePerks™ Rewards Program participants aware of new award redemption options from time to time, or changes to current offers. Stylinity may add, edit, amend or delete StylePerks™ Rewards Options at any time, at its discretion.

    Stylinity reserves the right to add or delete Reward Redemption options at any time. All Terms & Conditions of the Stylinity Service are applicable to the Stylinity StylePerks™ Rewards Program Participant. Stylinity is the final authority on qualification for Rewards points credit and reserves the right to deny or revoke Rewards points credit at any time if Stylinity determines the Rewards Points credit was improperly given. Rewards points have no cash value and are redeemable only for Rewards offered via the Program at the time of the Redemption.

    We’re constantly working to make the Stylinity StylePerks™ Rewards Program better and more rewarding, so help us make it great, and please offer your suggestions for Redemption options and experiences, and recommend other brands you’d like to see participate!

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