Please read this document carefully before accessing the Site or using the Services. By accessing the Site or using the Service, you agree to be bound by the Terms. If you do not wish to be bound by the Terms, you may not access the Site or use the Service. We reserve the right, in our sole discretion, to modify, update and/or replace any of the Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms, updates or replacement Terms on the Site. You agree to review the Terms periodically to be aware of such modifications, and your continued access of the Site or use of any Service shall be deemed your conclusive acceptance of the modified, updated or replacement Terms.
The Site and the Service, any content thereon/therein and the infrastructure used to provide the Site and the Service is proprietary to Solstice MobileTM, our affiliates, and other content providers. By using the Site and any Service and accepting these Terms of Service: (a) Solstice MobileTM grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Service and to any additional terms and policies we set forth; and (b) you agree not to reproduce, distribute, re-transmit, publish, create derivative works from, publicly display, publicly perform, license, sell or re-sell or otherwise exploit any content, software, products or services obtained from or through the Site or any Service without our express permission. In the event we conduct contests or sweepstakes, it will have its own rules, terms and requirements, which may be in addition to these Terms.
All interactions on the Site and any Service must comply with these Terms of Service. The Site and Service may provide you ways to engage, communicate or share information with others. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, or creates any security risk or potential legal liability or exposure to us, or is (in our sole discretion) inappropriate, we may limit and/or terminate your privileges and seek other remedies. Solstice MobileTM determines in its sole discretion whether or not your activity with the Site or Service is appropriate. Categories of prohibited activities are provided as examples and are not an exhaustive list. As a condition of your use, you agree that your use of the Site and any Service prohibits the following, whether attempted or occurring in fact:
We retain the right, at our sole discretion, to deny any Service or use of the Site or a newsletter registration (sometimes referred to as an “account”) to anyone at any time and for any reason. This is our Site and Services, and not provided as a public forum of right. While we use reasonable efforts to keep the Site and Service accessible, it may be unavailable from time to time. We provide it on an “as available” basis.
You may register on the Site to receive our newsletter (sometimes referred to as an “account”) for your personal use using accurate, truthful and correct registration information. Failure to do so shall constitute a violation of the Terms of Service which may result in immediate termination of your account. We reserve the right, in our sole discretion, to refuse registration of or cancel an account. You understand and agree that Solstice MobileTM shall have no responsibility for any incident arising out of, or related to, your use of the Site or any Service. You agree that you are solely responsible for any activity that occurs under your account.
The Site and any Service contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound; and the entire contents of the Site are protected by copyright, trademark and other intellectual property laws of the United States. Our electronic newsletters which we may send to you are delivered materials part of the Site and Service and are subject to these terms of services as our content. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. If downloading, copying, redistributing, retransmitting or publishing of copyrighted material is permitted, you will make independent attribution (to the owner and/or author thereof) and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on the Site or in our social media activities any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
Other marks on the Site not owned by us may be under license from the trademark owner thereof, including but not limited to St Ives plc or its affiliated companies part of the St. Ives Group, in which case such license is for our exclusive benefit and use unless otherwise stated, or may be the property of their respective owners. You may not use our or their name, logos, trademarks or brands without our express permission.
The Site and any Service may provide users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, “User Content”) through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site or Service from time to time. Where third party internet/web, online, bulletin board or other forums, blogs, communities, social media and/or platforms are accessible by you via the Site or any Service, you are responsible for compliance with the terms prescribed by such third party for use thereof and submission of User Content, in addition to your compliance with these Terms.
If you contribute any User Content, you represent and warrant that your use and the User Content complies with the Terms. We have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third party, at any time, for any reason, including to determine compliance with these Terms of Service and to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, we have the right to remove any material and User Content from the Site and any Service in our sole and absolute discretion. We assume no liability for any User Content or other information that appears or is removed from the Site or elsewhere. We have no obligation to use User Content and may not use it at all.
In some instances and from time to time, it may be possible for you to modify or remove the User Content submitted. We make no representations or warranties that the User Content you modify or remove will actually be modified or that the User Content will cease to appear on the Internet in search engines, social media websites, or in any other form, media or technology.
Solstice MobileTM reserves the right to terminate your right or any third party’s right to use the Site if such use infringes the copyrights of another. We may, under appropriate circumstances and at our discretion, terminate such right to access to the Site, if we determine that you or a third party is a repeat infringer according to the process set out in the U. S. Digital Millennium Copyright Act (“DMCA”). If you think someone is violating your copyrights and would like to bring it to our attention, please provide the information as outlined in the DMCA.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ANY SERVICE IS AT YOUR SOLE RISK WITHOUT WARRANTY. NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, MANAGERS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE , OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT, INCLUDING WITHOUT LIMITATION AVAILABLE PROGRAMS OR (II) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ANY SERVICE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND ANY SERVICE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
IN NO EVENT SHALL SOLSTICE MOBILETM, ST. IVES PLC, OR ANY MEMBER OF THE ST. IVES GROUP, AND OUR AND THEIR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, AGENTS, ATTORNEYS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, ATTORNEYS OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED IN THE SITE OR ANY SERVICE; (B) YOUR INABILITY TO USE THE SITE OR ANY SERVICE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE OR ANY SERVICE; OR (D) THESE TERMS OF SERVICE. IN NO EVENT WILL SOLSTICE MOBILETM’S, ST. IVES PLC’S OR ANY MEMBER OF THE ST. IVES GROUP’S TOTAL AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE SITE, THE SERVICE OR THESE TERMS OF SERVICE EXCEED THE GREATER OF THE AMOUNTS, IF ANY, PAID BY YOU TO US FOR USE OF THIS SITE DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR, TEN DOLLARS ($10.00 USD). YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR YOUR CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
When you use the Site or any Service, you consent to receive electronic communications related to your use. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
The Site contains links to websites maintained by other parties, including but not limited to St Ives plc and companies which are part of the St. Ives Group. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource.
You agree to defend, indemnify and hold harmless Solstice MobileTM, its parent company, St. Ives plc, any affiliated companies of the St. Ives Group, and our and their subsidiaries, affiliates, managers, directors, officers, employees, attorneys and agents (collectively, “Solstice Affiliates”) from and against all claims and expenses, including attorneys’ fees, arising out of or related to: (a) any Personal Content or User Content submitted or posted by you, in connection with the Site or any Service, (b) any use of the Site or any Service in violation of these Terms of Service; (c) fraud you commit or your intentional misconduct or gross negligence; and (d) your violation of any applicable U.S. or foreign law or rights of a third party.
You are solely responsible for your interactions with other users of the Site or any Service. To the extent permitted under applicable laws, you hereby release Solstice Affiliates from any and all claims or liability related to any conduct, speech, Personal Content or User Content, whether online or offline, of any other third party.
Any disputes arising out of or related to these Terms of Service and/or any use by you of the Site or any Service shall be governed by the laws of the State of Illinois, without regard to its choice of law rules and without regard to conflicts of laws principles.
(a) Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Solstice MobileTM arising out of, or relating in any way to, the Terms of Service, the Site or Service, your use of the Site or any Service, content of the Site, Personal Content, User Content, or any services offered through the Site (“Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court in Cook County, Illinois. By virtue of this Agreement (defined below), you and Solstice MobileTM are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this section). The provisions of this section constitute your and Solstice MobileTM’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Agreement”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award.
(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) you agree that any such Dispute may be instituted in a state or federal court in Cook County, Illinois; (ii) you and Solstice MobileTM irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and Solstice MobileTM agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; (iv) you and Solstice MobileTM agree to waive any right to a trial by jury. We may have any arbitration award, court order or settlement entered in and enforced by any court of competent jurisdiction and/or where you reside or are headquartered.
(d) Injunctive Relief. Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates the Terms of Service.
These Terms of Service were last updated on February 24, 2016.