Thank you for choosing Teenlike. Please read this Terms of Use (the “Terms” and sometimes the “Agreement”) thoroughly because they contain important information about your legal obligations, rights and the remedies that apply to your access and use of this website, Teenlike (“Teenlike” and sometimes the “website”), as well as all the products, communications, applications, interactive features and accounts offered and/or available through Teenlike (collectively the “Services”), including, but not limited to certain limitations of liability, exclusions from any liability, and dispute resolution. Our accessing, viewing, participating in, posting on, downloading or other utilization of, in any way (collectively, “use”), Teenlike or any of the Services, signifies that you have read, understood and agreed to these Terms.
YOUR ACCEPTANCE OF THE TERMS OF USE
The Teenlike website is operated by Teenlike.com, Inc., an Illinois corporation (the “Company” and sometimes “we”). The Company authorizes you, the user, to use the website and Services on the condition that you agree and accept these Terms. If you do not agree to be bound by these Terms you are not authorized to access or use Teenlike or any of the Services.
By using Teenlike and the Services, you agree and/or represent that:
| 1. | you have the legal right and authority to accept these Terms on your behalf (or the party you represent in connection with the access or use of Teenlike), |
| 2. | the Terms are a legally binding agreement with the Company regarding your access and use of Teenlike and its Services, |
| 3. | the Terms are subject to change and may be modified, updated, altered, and/or replaced, in whole or in part, at the sole discretion of Teenlike.com, Inc., at any time, |
| 4. | it is solely your responsibility to regularly and frequently access and monitor these Terms for any modification, update, alteration, or replacement, and |
| 5. | access to or use of Teenlike and the Services after any such change, modification, update, alteration, or replacement, constitutes your agreement to and acceptance of the new and/or revised Terms as then in effect. |
By using Teenlike and the Services, you also represent and warrant that your use of Teenlike and the Services does not violate any applicable law (of your jurisdiction), these Terms or the terms of any other agreement to which you may be a party that may have a material affect on these Terms.
USER ELIGIBILITY AND PARTICIPATION IN THE TEENLIKE COMMUNITY
Teenlike is intended for the use by individuals who are over the age of 18. By using Teenlike you represent and warrant that you are 18 or older and/or that you have the right, authority and legal capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
If you are between the ages of 13 and 18, you may register for an account with the express permission of your parent or legal guardian. Our website and Services are not designed to attract the attention of persons under the age of 13. Teenlike will not knowingly collect any information (personally identifiable or otherwise) from any person under the age of 13. If you are under the age of 13 (i.e., 12 and under) you are not authorized to use Teenlike or the Services.
Teenlike is solely reserved for the personal use of its users, and may not be used in any commercial endeavor. Unauthorized, non-personal uses of Teenlike (and the Services) are a violation of these Terms and in appropriate circumstances (as determined by Teenlike in its sole discretion), legal action will be taken. Use of the website and the Services and account registration are void where prohibited.
On condition of your continued compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-assignable right to use Teenlike and the Services and to view the Content provided by and available through the website as we intend them to be presented and viewed. Teenlike offers numerous areas where users can interact, including but not limited to user profiles, design and designer profiles, RSS feeds, news, group pages, blogs, vision boards, bulletin boards, discussions, email and chat rooms and other areas. Prior to participation in and use of these and other Services, you are required to register with Teenlike and open an account.
Opening an account and becoming a registered user with Teenlike is free. To open an account you are required to provide the following contact information: username, real name, (a valid) email address, birth date, country, and select a password. After providing the requested information, you should receive a confirmation notice from Teenlike at the email address you provided. Once you are confirmed, you will have access to the available features and Services offered by the website. We reserve the right to modify or impose additional requirements to open an account and become a registered user. We also reserve the right at any time to institute and/or change any fees or charges for using the Services available on or through Teenlike. Notwithstanding the foregoing, we may refuse service or membership without prior notice to any user for any or no reason. Registration of an account is void where prohibited.
By using Teenlike, you agree to provide truthful, accurate, current and complete information in your registration as a user, in your profile, in any Content you post on the website or using the Services, and in all of your communications or other interactions with other users of the website and Services. You further agree: (a) to maintain and update such information to keep it accurate and complete to, among other things, allow us to contact you, (b) to be fully responsible for all use of your account and for any actions that take place using your account. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so and identify the person or entity in your registration. Otherwise, you represent and warrant that you are setting up an account on your behalf that you will be the sole author and owner or you have the right to submit the Content you post using your account.
Account Security:
You are responsible for protecting the security and confidentiality of your username and password and other account information. So keep your password in a safe place. It is recommended that you log out of your account when you no longer need access to the website or the Services. Users are solely responsible for all activities that occur under their username and password. If you suspect that there is unauthorized use of your account username and password, or any other breach of your account information, please take appropriate action to protect your account, including, changing your account password and notifying Teenlike immediately of any suspected breach.
You may deactivate your account with Teenlike at any time, for any reason whatsoever, by clicking the “Deactivate” button found at the bottom of the “Edit Profile” page. Deactivating your account will remove your personal information and picture from anything you've shared on Teenlike. If you decide to reactivate your account, login and you will be taken to the profile section of your account where you will be asked to activate your account.
We may, at any time, and for any reason whatsoever (or for no reason at all), ban, modify, suspend, discontinue, replace, terminate and/or remove: (a) the operation of or your access to your account, (b) access to the website and/or the Services, (c) the Terms and policies applicable to your account, the website, the Services, your use and any Content you may post to the website or through the Services, (d) the Services available to you, and (e) any pages, files, information and/or user submitted Content (in any way related to your account). All decisions regarding the banning of accounts shall be made in the sole discretion of Teenlike. We are not required to provide you notice prior to taking any action affecting your account or use of Teenlike and the Services. However, if we ban your account or access, we will endeavor to notify you at the last email address you provided to Teenlike about any material modification, suspension, termination or removal that is not caused by your breach of the Terms. If and when your account, access to or use of the website or Services are banned due to a breach or violation of the Terms, you will not be eligible for any prizes or cash awards for design submissions and other contests available on Teenlike.
The provisions found under the following sections: Disclaimer of Warranties, Limitation on Liability, Indemnity and Jurisdiction and Choice of Law, shall survive any banning of your account and/or this Agreement, in particular, your indemnification obligations shall survive any banning for 1 year. The licenses granted below shall also survive and continue in full force and effect subject to the terms of the applicable license.
Privacy and the security of your personal information are important to Teenlike. Use of Teenlike is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Additional terms and conditions will apply to all pre-orders, orders and purchases made through Teenlike. Before submitting a pre-order or order or making a purchase, please review our Purchase Policies for the applicable terms, conditions and policies applicable to your pre-order, order or purchase. You should review the Purchase Policies before ordering any service or product. By submitting a pre-order or order, or making a purchase through or from Teenlike, you agree to be bound by and accept the Purchase Policies.
If you are submitting a Design or idea to Teenlike, please review our Design Submission Rules for the terms, conditions and policies applicable to the submission of a design to Teenlike. By submitting a design you agree to be bound by and accept the Design Submission Rules.
Teenlike provides a “collaborative-social shopping experience” by offering interactive features where users can post their own content, collaborate, react and interact with the Company and the other users of the website and buy products. Among the Services offered at Teenlike there may be one or more simultaneous open calls and/or contests for the submission of designs and ideas for products related to home décor and other categories, critiques of submitted designs, recommendations, collaboration among users on their own designs, voting on designs and the sale of limited edition products made with the winning (user-submitted) designs.
To participate in the collaborative-social shopping experience, you (and other users) may choose to submit, provide, transmit, email, upload, license, distribute, display, copy or make available to the Company or any other users or otherwise make available through the website or the Services (collectively “post”) materials, data and information (such as data files, profiles, communications, messages, offers, etc.) written text (such as blogs, comments, suggestions, statements, opinions, advice, recommendations, critiques, etc. ), computer software (such as applications, widgets, programs, code, etc.), photographs, videos and other images (such as footage, animations, slides, etc.), audio recordings (such as music, sounds, alerts designs, drawings, prints and other information (collectively, the “Content”), which you may own or that you have the right to submit.
Links:
Teenlike and the Services may provide, or third parties may provide, links to other World Wide Web (external) sites or resources. By using the website or the Services, you acknowledge and agree that Teenlike is not responsible for such links, the availability or your use of such external sites. Teenlike does not endorse or support and is not responsible for any Content (including, but not limited to any advertising, products, services or other materials) posted by on or available from or through such links, external sites or any other third party sources. You further acknowledge and agree that Teenlike is not liable, directly or indirectly, for any damage or loss caused by or in connection with any use of or reliance on any such links, external sites or any other third party sources, and/or any Content posted thereon.
Use Content with Caution:
Content posted on or otherwise made available through the Services by its users, visitors, business partners or advertisers or any other third party (collectively, the “Authors” or “Author”), are those of their respective Authors and not of Teenlike. Such Authors are responsible for their own Content, and urged to make sure the Content posted is correct and updated as needed. We do not endorse or support any Content posted by you or any other third party on or through the website or the Services. You agree that you must evaluate and assume all risks associated with viewing and use of any Content posted on Teenlike. By using the websites or Services, you agree that you must evaluate, and you bear all risks associated with your viewing and use of all Content, including, but not limited to any reliance on the source, ownership, accuracy, completeness, reliability or usefulness of such Content.
The Company’s Rights - All Rights Reserved:
The Company owns (and/or licenses) and retains all rights not expressly granted (or expressly excluded) herein, including any and all ownership, title, intellectual property and proprietary rights (whether or not it is identified as such), and all other rights and interest in the website, the Services, any Content and all related information provided or made available through the website, including, but not limited to copyrights, trade names, trademarks, service marks, word marks, logos, trade secrets and other proprietary information. Except for that content that is in the public domain or for which you have been given written permission by the Company, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any of the Content provided by or available through Teenlike and the Services. We grant you no other rights, implied or otherwise.
Licenses Granted to The Company:
You understand and agree that by posting any Content to Teenlike or through the Services or by making available or providing any other material, design, ideas, concepts, data, or any other information to the Company (collectively, the “Submissions”), you are granting to the Company a royalty-free, perpetual, irrevocable, assignable, world-wide license to the Content you post and to any Submissions you otherwise make available or provide to the Company. Furthermore, you agree that you have granted the rights to and the Company retains the right to use, copy, modify, publish, transmit, distribute, perform, display, remove, retain, alter, reformat, excerpt, translate, commercialize and/or prepare any derivative works of any portion or all of the Content you post and to any Submissions you otherwise make available or provide to the Company (including, but not limited to the information you provide as part of your account registration), as the Company sees fit, with or without notice. We have no obligation to store, maintain, reproduce or track any Content that you or other users/Members post when using any of the Services.
We respect copyrights and expect our users to do the same. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, proprietary information or other intellectual property belonging to others or any such materials or Proprietary Information belonging to Teenlike (or the Company), without obtaining the prior written consent of the owner. It is the policy of the Company to ban user privileges of any registered user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Teenlike.com, Inc. by the copyright's owner or legal agent.
We comply with the Digital Millennium Copyright Act (“DMCA”). However, we do not guarantee or make any representation or warranty that the Content posted or otherwise made available on the website or through the Services does not infringe the rights of any third party. IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED AND POSTED ON TEENLIKE IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, please provide our Copyright Agent with the following information:
| 1. | An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest |
| 2. | A description of the copyrighted work that you claim has been infringed |
| 3. | A description of where the material that you claim has been infringed is located in the Teenlike site |
| 4. | Your address, telephone number, and email address |
| 5. | A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law |
| 6. | A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf |
Teenlike's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Teenlike.com, Inc. C/O Griffith & Jacobson, LLC, 55 West Monroe St., Suite 3550, Chicago, IL 60603.
You are solely responsible for your interactions with other users of the website and the Services. By using Teenlike and our Services, you agree to take reasonable precautions when interacting with all users of the website and the Services. Teenlike disclaims any and all responsibility for the communications and conduct of its users and between users, whether online or offline.
Code of Conduct:
We strongly urge all users to act in a manner which is respectful and considerate of others throughout Teenlike and when using its Services. We have no control over the Content posted by users and cannot ensure that Content posted will not be objectionable or offensive to another user or visitor. Additionally, we assume no responsibility or liability arising from any Content that may be infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You agree that you will not post the following types of Content or engage in the following categories of activities in connection with your use of Teenlike or the Services or in your communications with other users:
| 1. | Content that you do not have the right to post or use, or that infringes or violates any patent, copyright, trademark, trade secret or other proprietary right, or any other applicable intellectual property, confidentiality, or privacy laws, |
| 2. | Promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated programs, videos or music, or links to them, or providing information to circumvent manufacture-installed copy-protect devices, or sharing or exchanging copies of unauthorized copies of copyrighted materials, |
| 3. | Breach a duty of confidentiality by which you are bound (whether under a contractual or fiduciary relationship), |
| 4. | Content that is libelous, defamatory, unlawful, or plagiarized, |
| 5. | Content that is patently offensive or objectionable on the basis of race, ethnicity, gender, age, disability, sexual orientation, or religion, |
| 6. | Content that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent or otherwise objectionable or offensive in any way, including, but not limited to Content that advocates the exploitation or harassment of another person, is sexually explicit, contains nudity or a link to an adult website or any adult content, |
| 7. | Solicit personal information from anyone under the age of 18, or otherwise seek to harm minors in any way, |
| 8. | Solicit or attempt to obtain the passwords or other personally identifiable information of the users of this website for any commercial, unlawful or unauthorized purposes, |
| 9. | Use the account, username, or password of another user (without their prior knowledge and consent), impersonate any other user or otherwise pretend to be someone else, |
| 10. | Engage in any activity that constitutes a breach of any person’s privacy or publicity rights, |
| 11. | Promote information that the user knows is false, misleading, deceptive or is a misrepresentation of the facts, |
| 12. | You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials |
| 13. | Express or imply that any statements you make are endorsed by Teenlike, without the prior written consent of the Company, |
| 14. | Post "junk mail", "chain letters", or unsolicited mass mailing, unsolicited instant messages, "spimming", or "spamming" or promotes software or services that deliver unsolicited email, |
| 15. | Use any robot, spider, or other processing device to retrieve, index, "data mine", or in any way reproduce the navigational structure of Teenlike or the Services, |
| 16. | Use any software or email that contains viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful programming routines, |
| 17. | Engage in any commercial activities without the prior written consent of the Company, |
| 18. | Promote or encourage any illegal or criminal activity or enterprise or provides instructional information about illegal or inappropriate activities, including, but not limited to illegal weapons, or providing or creating computer viruses, or use Teenlike or the Services in a manner inconsistent with or that violates or encourages others to violate any applicable law, statute, ordinance or regulation, and |
| 19. | Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile any portion of the website or the Services, or any software used for the Services. |
This list is not meant to be comprehensive or all inclusive, but merely a list of examples of Content and activities/behavior that violate these Terms.
Reporting Objectionable or Offensive Content or User Conduct:
You may contact our customer service department to advise us of any Content that you may find objectionable or offensive. Please report any violations of the Terms of Use, including objectionable or offensive user-submitted Content or behavior, to service@teenlike.com. Please state the reasons for your concern and provide a link to the user Content or, if appropriate, the behavior in question. Although Teenlike has no obligation to monitor the Content on the website or the Services, we reserve the right to modify, delete, remove, replace or otherwise alter any Content from any area in the website at any time for any reason. We also reserve the right, but have no obligation, to monitor disputes between you and other users. We also reserve the right to investigate and take appropriate legal action against anyone, who in our discretion, violates these provisions.
TO THE FULLEST EXTENT PERMITTED BY LAW, TEENLIKE.COM, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT.
WE ALSO MAKE NO WARRANTY OR REPRESENTATION THAT: (i) ACCESS TO AND/OR AVAILABILITY OF TEENLIKE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE CONTENT POSTED OR MADE AVAILABLE THROUGH TEENLIKE OR THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE, USEFUL OR WILL MEET YOUR EXPECTATIONS (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH TEENLIKE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE WEBSITE, THE SERVICES OR IN ANY CONTENT WILL BE CORRECTED.
You understand and agree that Teenlike, the Services and Content are provided on an “AS IS” and “AS AVAILABLE” basis. Under no circumstances shall Teenlike be responsible for any loss or damage, including, but not limited to any personal injury or death, related to or resulting from any use of Teenlike, the Services or any Content posted on Teenlike or the Services, or from the conduct of any users, visitors, advertisers, or any other third party using or contacting you through Teenlike or the Services.
BY ACCEPTING THESE TERMS, YOU AGREE THAT IN NO EVENT SHALL TEENLIKE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TEENLIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow for the exclusion of, the limitation of liability and/or the exclusion of liability for incidental or consequential damages. So, some of these provisions may not apply to you. Notwithstanding anything to the contrary contained herein, the cumulative and aggregate liability of all the Teenlike Parties (if any) to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of (a) $100, or (b) the amount paid for account fees or charges (related to or for Services) within the last month your account was open, if any, by you to Teenlike, excluding any monies paid in connection with the purchase of any products.
By accepting these Terms, you agree to indemnify, defend and otherwise hold Teenlike.com, Inc. its officers, directors, shareholders, agents, partners, and employees, and their respective agents (collectively, the "Teenlike Parties"), harmless from any direct, indirect, general, incidental, special, consequential or exemplary damages, loss, liability, claim, or demand, including reasonable attorney's fees, due to or arising out of: (a) your use of Teenlike, (b) any violation of this Agreement, (c) any breach of your representations and warranties as set forth in this Agreement, (d) any Content that you post on Teenlike or through its Services and any Submissions you otherwise make available to the Company, (e) any communications, meetings or any other interaction with other users of Teenlike and the Services (whether online or offline).
Teenlike and the Services are offered by the Company from its facilities in Chicago, Illinois. The Company makes no representations or warranties that website or any of its Services are appropriate or available for use or comply with the laws of any other jurisdiction. Any dispute arising out of the use of Teenlike and/or the Services, in connection with a violation or other breach of these Terms or in any other way related to Teenlike, shall be governed by the laws of the State of Illinois, without regard to its conflict of law provisions. All actions arising directly or indirectly as a result or in consequence of any such dispute shall, in the sole and absolute discretion of the Company, be brought before any State or Federal court sitting in Chicago, Illinois, and you waive any objections to the personal jurisdiction of or laying of venue in any such court; except that proceedings to enforce any judgment so obtained may be brought wherever you are residing, doing business or has assets and you hereby consent to personal jurisdiction and venue in such courts.
These Terms contain the entire agreement between you and Teenlike.com, Inc. regarding the subject matter of these Terms and the use of any of Teenlike and the Services. These Terms supersede all prior between you and the Company. You may not rely on any representation, warranty, covenant, condition, term or any other agreement that are not expressly found in these Terms (as last revised). The terms and conditions of this Agreement may not be modified or amended except by future revisions to the Terms as made available by the Company from time to time or by a written agreement signed by the Company. No failure or delay by the Company to insist on or enforce the strict performance of the Terms, or exercise any of its rights, powers or privileges, will operate as a waiver. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, this Agreement will be deemed amended to delete or modify, as necessary, the offending provision to render the remainder of this Agreement valid, legal and enforceable. Nothing in these Terms shall be deemed to confer any rights or benefits to any third party. No joint venture, partnership, employment, or agency relationship exists between you and the Company or Teenlike as a result of these Terms, any Content you post on or any other use of any of the website or Services.
If you have any questions or comments about these Terms please contact our customer support at service@teenlike.com or by mail at P.O. Box 7860, Chicago, IL 60680-7860.
The Terms of Use are effective as of January 23, 2011.
Teenlike © 2011, Teenlike.com, Inc. - All Rights Reserved