TERMS OF USE

These Terms of Use set out additional details regarding the range of services offered by ‘stylekontor Group GmbH’ (“stylekontor”) and stylekontor’s portfolio of services based on https://stylekontor.com including subdomains and folders (“Website”) which are established in addition to stylekontor's Terms and Conditions and Privacy Policy.

Note that these Terms of Use form an integral part of our Terms and Conditions and our Privacy Policy.

Any amendments or modifications made to these Terms of Use in writing form part of these Terms of Use. Please read these Terms of Use carefully and keep an up-to-date copy for your reference.

1. ELECTRONIC COMMUNICATION

You agree that the transmission of electronic communication carries the risk that particularly unencrypted communication such as e-mail is intercepted by an unauthorized third party and that its content is being disclosed. You agree being aware of the immanent risk transmitting electronic communication, including incorporated information and attached documents.

2. LIABILITY FOR CONTENT

Despite careful research and control, we cannot assume any liability for mistakes in editorial or technical aspects nor for omissions or for the correctness of the content. If you notice any editorial or technical error, please let us know at support@stylekontor.com.

3. USER INFORMATION

You will need to register on the Website to be able to access the full range of services offered by stylekontor. You agree to disclose accurate and complete information about yourself during registration. Your personal information is governed by our Privacy Policy.

If you are under 14 years of age, you are not authorized to use stylekontor. stylekontor does not knowingly collect personal data from persons under the age of 14.

4. ACCOUNT INFORMATION

Any user of stylekontor is responsible for maintaining confidentiality with respect to account information such as login and password and for restricting access to your computer, phone, or other device used for accessing stylekontor. You agree to accept full responsibility for all activities that occur under your account at stylekontor.

You agree that stylekontor cannot be made responsible for any unauthorized access to your account. You are not allowed to transfer your account to another third party or entity. Please immediately notify stylekontor of any unauthorized use of your account, password or any other breach of security. stylekontor reserves the right to refuse or cancel its services for an account used in any unauthorized way at its sole discretion.

5. THIRD PARTY SERVICES

Our Website contains direct or indirect references to external internet sites and their related services (“Third Party Sites”). Third Party Sites are by no means under the control of stylekontor and stylekontor is under no circumstances responsible for the content of Third Party Sites. The respective operators or providers are exclusively responsible for content of the internet sites which can be accessed through links on our Website.

Certain services made available by stylekontor are delivered through Third Party Sites. You agree that stylekontor, in accordance with its Privacy Policy, may share information and data with Third Party Sites which these require to provide the product, service or functionality made available by stylekontor based on the contractual relationship entered into between stylekontor and the operator of Third Party Sites.

You will be able to connect your stylekontor account to your account on Third Party Sites. By connecting your stylekontor account to your account on Third Party Sites, you acknowledge and agree that you are consenting to the release of information about you to Third Party Sites in accordance with stylekontor’s Privacy Policy and the Third Party Sites’ privacy policy and privacy settings. If you do not wish that information may be shared in this manner you must not use these connect features.

stylekontor may preserve and disclose content to authorities if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal processes, applicable laws or government requests or to protect the rights, property, or personal safety of stylekontor, its users or the public.

6. NO UNLAWFUL OR PROHIBITED USE

You acknowledge that you will not use stylekontor for any purpose that is unlawful or prohibited by our Terms and Conditions or these Terms of Use. You are not allowed to use stylekontor in any way that could damage, disable, overburden or impair stylekontor or interfere with any Third Party Site linked or used by stylekontor. You may not obtain or attempt to obtain any information or data not intentionally made available or provided by stylekontor. Any use of stylekontor that is unauthorized or prohibited in accordance with these terms is strictly prohibited.

7. INTELLECTUAL PROPERTY

The entire content found on stylekontor including text, logos, graphics, images and their compilation as well as the underlying software and technology (collectively “Content”) are the property of stylekontor or property of affiliates, partners or suppliers to stylekontor. The Content is protected by copyright and other laws that protect intellectual property and proprietary rights. You acknowledge your agreement to copyright and intellectual property regulations and that you will adhere to any restrictions contained therein without making any changes thereto.

stylekontor’s name and logos are trademarks and service marks of stylekontor (collectively the “Trademarks”). Other company, product and service names and logos used and displayed via stylekontor may be trademarks or service marks of their respective owners. Nothing in these Terms of Use or the Website of stylekontor should be construed as granting any license or right to use any of the Trademarks displayed on stylekontor, without our prior written permission in each instance.

The use of stylekontor's Website is only allowed for the purpose of engaging in the processes described in the Terms and Conditions. You may not use any automated technology to collect or gather any information from stylekontor or otherwise access the pages of stylekontor for unauthorized purpose. If you are blocked by stylekontor from accessing the Content (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g. by masking your IP address or using a proxy IP address).

You will not copy, modify, publish, transmit, reverse-engineer, attempt to discover any source code of the Website, participate in the sale, transfer or (sub)license, create derivative works or exploit in any way the Content, in whole or in part. The Content is generally not for resale. You agree not to make any unauthorized use of the Content, in particular you acknowledge not to delete or alter any copyright or other proprietary rights or attribution notices in any of the Content. You will use the Content for personal use only and do not make any other use of the Content without express written permission by stylekontor or the respective owner of the copyright or other proprietary rights. You acknowledge not to acquire any rights in any of the Content on the Website. The Content cannot be licensed, neither express nor implied, except as expressly authorized by these Terms of Use.

8. INTELLECTUAL PROPERTY COMPLAINTS

stylekontor takes any allegation of infringement of intellectual property and proprietary rights seriously. If stylekontor receives any complaint or allegation that a campaign or any other content as well as resulting merchandise or apparel constitute an unauthorized use of a third party’s rights, you understand that stylekontor may terminate, suspend or delay the campaign at its sole discretion in order to clarify the allegations. In addition, you understand that stylekontor may release, in accordance with applicable laws and rights, information such as contact details to an authorized party that satisfactorily alleges a violation of its rights, e.g. proof of trademark ownership through trademark registration.

stylekontor will consider complaints of possible infringement only from third parties that own, or have the exclusive right to exploit, the applicable intellectual property and proprietary rights. If you believe that a user of stylekontor has infringed upon your rights, please notify our customer service at support@stylekontor.com. You may also contact us by mail at the address provided at the end of these Terms of Use.

In your notification of possible infringement, you must include the following information:

1) The URL to the site or campaign on stylekontor's Website which contain allegedly infringing apparel, goods or information;
2) Proof of ownership of the copyright, trademark or other proprietary rights that allegedly have been infringed (such as copies of trademark or copyright registrations);
3) A statement that you have a good-faith belief that the use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use may be considered infringement under applicable laws or regulations;
4) A statement that the information in your notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright, trademark or other proprietary right that is allegedly being infringed;
5) Name, address, telephone number, email address and signature (physical or electronic) of a person authorized to act on behalf of the owner of the intellectual property or proprietary rights that you allege are being infringed.

stylekontor reserves the right to restrict or limit a user's access or terminate the membership at its sole discretion if the user infringes or violates any intellectual property or other proprietary rights of others.

9. PROMOTIONS

Any discounts, contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through stylekontor may be governed by specific rules that are in addition to these Terms of Use. By participating in any Promotion, a user will become subject to those specific rules of the Promotion. To the extent that the terms and conditions of the Promotions conflict with these Terms of Use, the terms and conditions of the Promotion will control.

10. COMMUNICATION SERVICES

stylekontor contains various services intended to facilitate communication including personalized web pages, forums, chat areas, rating systems, bulletin boards, news groups, calendars and/or other communication service facilities (collectively “Communication Services”). Communication Services are designed for the user’s convenience and allow stylekontor’s users to communicate with the public at large, individual groups or specific users.

You agree to use Communication Services only to post, send and receive messages and materials appropriate for the respective Communication Services. For the use of Communication Services, you agree to respect good conduct including but not limited to your agreement not to abuse, insult, defame, harass, stalk, threaten, harm or otherwise violate legal rights of users, such as rights of privacy and publicity. You agree not to publish, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. You agree not to upload data protected by intellectual property laws or other rights of privacy or publicity unless you own or control the rights thereto or have received all necessary consents. You agree not to upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. You agree not to advertise or offer to sell or buy any goods or services which are not offered by stylekontor. You agree not to conduct or forward surveys, contests, pyramid schemes or chain letters. You agree not to download any file posted by another user of Communication Services if you know, or reasonably should know, that the file should not be legally distributed in such manner. You agree not to falsify or delete any author attributions or other proprietary designations or labels of the origin or source in any data submitted. You agree not to restrict or inhibit any other user from using the Communication Services. You agree not to violate any code of conduct or other guidelines which may be applicable for any of the Communication Services. You agree not to harvest or otherwise collect information about others, including email addresses, without their consent. You agree not to violate any applicable law or regulation.

stylekontor reserves the right to review messages and materials published, sent and received through Communication Services and the right to edit, refuse or remove the information, messages and materials, in whole or in part, at its sole discretion. Users of the Website are no authorized spokespersons of stylekontor and views expressed on stylekontor and its Communication Services may be different from those of stylekontor. stylekontor disclaims any liability for the content of a user in the Communication Services.

In case of a violation of law or regulations, stylekontor reserves the right to terminate user access to Communication Services without notice at its sole discretion. stylekontor reserves the right to disclose to authorities any information required to satisfy any applicable law, regulation, legal process, public or governmental request.

11. CREATION OF CAMPAIGNS

stylekontor allows designers to create campaigns to sell their merchandise and apparel through stylekontor’s Website. If any campaign violates these Terms of Use or applicable law, restrictions or regulations, stylekontor reserves the right to terminate, delay, edit or modify the campaign at its sole discretion.

stylekontor has no responsibility or liability for the deletion or failure to store any of the information or material uploaded to the Website. Please make sure to maintain copies of all the work, information and material shared with stylekontor for the creation of a campaign.

To the extent any campaign violates or is alleged to violate applicable law or our Terms of Use, you agree that stylekontor, in addition to any other remedies, has the right to withhold any funds collected relating to the campaign. In case of a violation, these funds may be disbursed based on stylekontor’s internal policies. As an example, stylekontor may apply such funds for the reimbursement of stylekontor’s expenses resulting from a third party’s claim of infringement or the defense or settlement of any claim or suit resulting from any violation or alleged violation of applicable laws, restrictions and regulations or copyright and intellectual property regulations and rights. You agree to fully cooperate with stylekontor in such activities.

12. INTERNATIONAL USE

stylekontor is administered, operated and controlled from stylekontor’s office in Hamburg, Germany. Should you access stylekontor from a location outside Germany, you agree to adhere with all applicable local laws, restrictions and regulations of the respective jurisdiction. You agree not to use stylekontor in any country in any manner that is prohibited by any applicable law, restriction or regulation.

13. TERMINATION AND ACCESS RESTRICTIONS

In case of a violation of applicable law or these Terms of Use, stylekontor reserves the right to terminate your access to the Website and the related services or any portion thereof at any time at its sole discretion without notice. Further, you agree that stylekontor will not be liable to you or any third party for any termination of your access to stylekontor.

14. INDEMNIFICATION

You agree to indemnify, defend and hold harmless stylekontor and its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses including reasonable attorneys' fees relating to or arising out of your use of or the inability to use stylekontor and any of stylekontor’s services or arising out of your violation of any applicable law, restriction or regulation. stylekontor reserves the right to assume the defense of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with stylekontor in asserting any available defenses.

15. LIABILITY DISCLAIMER

YOUR USE OF STYLEKONTOR IS AT YOUR SOLE RISK. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE OF STYLEKONTOR MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STYLEKONTOR AND/OR ITS SERVICE PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. STYLEKONTOR AND/OR ITS SERVICE PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, STYLEKONTOR AND/OR ITS SERVICE PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, ANY CAMPAIGN, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STYLEKONTOR AND/OR ITS SERVICE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, INTANGIBLES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE AND APPAREL, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ANY OTHER MATTER RELATING TO THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STYLEKONTOR OR ANY OF ITS SERVICE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL STYLEKONTOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO STYLEKONTOR OR STYLEKONTOR HAS PAID YOU IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED EUROS (EUR100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING STYLEKONTOR AND ITS WEBSITE.

16. GENERAL

These Terms of Use, the Terms and Conditions and our Privacy Policy, in each case the most recent version of the terms which are updated regularly, constitute the key terms agreed between you and stylekontor and govern your use of stylekontor. The failure of stylekontor to exercise or enforce any right or provision of these Terms of Use, Terms and Conditions or Privacy Policy will not constitute a waiver of such right or provision.

Should any individual clause of our Terms of Use, Terms and Conditions or Privacy Policy be deemed invalid by a court of competent jurisdiction or if it is deemed that these Terms of Use contain omissions, the validity of the other clauses of our Terms of Use, Terms and Conditions or Privacy Policy will not be affected. Any individually invalid clause will be replaced with a valid, enforceable clause that most closely matches the underlying intention of the invalid clause.

A printed version of our Terms of Use, Terms and Conditions, Privacy Policy and other agreement in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign our Terms of Use, Terms and Conditions or Privacy Policy without the prior written consent of stylekontor, but stylekontor may assign or transfer these Terms of Use, Terms and Conditions or Privacy Policy, in whole or in part, without restriction.

These Terms of Use are governed by German law. Any disputes in connection with these Terms of Use will be subject exclusively to the jurisdiction of the courts of Hamburg. The use of stylekontor is unauthorized in any jurisdiction that does not give effect to any of the provisions of these Terms of Use, our Terms and Conditions or Privacy Policy, including, without limitation, this section.

17. CONTACT

Should you have any question, comment or concern regarding these Terms of Use, please send us a message:

stylekontor Group GmbH
Schwanenwik 24
22087 Hamburg
Germany
Email: support@stylekontor.com

Last revised: 10 February 2021