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terms & conditions


YouTrendMe's Terms of Use

YouTrendMe is committed to offering our customers shopping convenience, exceptional service and an exciting access to product selection at competitive prices. We are also committed to creating a platform for our customers to share their fashion likes, styles, and tips with other members.

In other words, YouTrendMe is a community-driven experience. To participate in this experience you must first create a user profile and agree to follow some rules ("Terms of Use") that apply to the use of YouTrendMe's website (the "Site"). Your use of this Site confirms your understanding and unconditional acceptance of the Terms of Use. If you do not accept these Terms of Use, please do not use this Site. But you are encouraged to contact YouTrendMe and explain your concern. To the extent possible, we will work with you to answer your questions and address your concerns consistent with the Terms of Use.

As explained below, YouTrendMe may, at its discretion, disable or terminate a User's account if it suspects the User has violated these Terms of Use. But we don't want to do this, so please follow these Terms of Use. As set forth in these Terms of Use, you are entering into a legally enforceable agreement with YouTrendMe. So please read these Terms carefully and make sure you understand them.

User Accounts

You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify YouTrendMe immediately of any breach of security or unauthorized use of your account. YouTrendMe will not be liable for any losses caused by any unauthorized use of your account or any activity arising from unauthorized use of your account.

Community Guidelines for our Site
  • YouTrendMe's Site is not for pornography or sexually explicit content and we will not knowingly accept such submitted content. In fact, we will work closely with law enforcement personnel in reporting child and sexual exploitation.
  • At YouTrendMe, we like animals and even if you don't, do not submit content showing animal abuse. And since we are on the subject of what not to do, don't submit content that contains drug abuse, under-age drinking or smoking, and graphic or gratuitous violence.
  • We think free speech is a good idea. And we think it is a good idea to defend everyone's right to express unpopular points of view. But we have limits and those limits do not permit hate speech (speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity). We also do not accept content that promotes stalking, threats, harassment, or intimidation. We further do not accept content that invades the privacy of individuals, revealing other people's personal information, and incites others to commit violent acts.
  • YouTrendMe respects intellectual property rights. And we try to make every effort to secure appropriate permissions, licenses, and rights for all intellectual property that is submitted to our Site or otherwise made available on the Site. But ultimately it is the responsibility of each user submitting content to ensure that it will not violate any intellectual property rights or other rights of any third party or any applicable law. In other words, it is your responsibility to know whether or not the use of the content you upload is authorized. Not sure? There are probably at least one or two good lawyers out there who know this area of the law and can help you. We, however, know fashion, not the law.
  • We reserve the right to disable or terminate your account if we think you are violating these Terms of Use. And we don't want to do that, so just live with these Terms of Use as well as the intent and spirit in which they were created.
Anyone caught or believed to be violating any provision in these Terms of Use may be permanently banned from YouTrendMe or otherwise subject to any available remedies. So please take these rules seriously.

Compliance with any Incentive and Reward Programs

From time-to-time, YouTrendMe may offer reward programs or other incentives (the "Program") that allow you to receive certain rewards or other benefits (collectively the "Benefits"). YouTrendMe's current Program for Benefits may be found here [link], but if there is a conflict between this link and the Terms of Use, YouTendMe's Terms of Use will controll. You must be at least 13 years of age to participate in any Benefits program. Changes to or for future Benefits may not be identified or otherwise disclosed to you in advance of You creating a user account.

You agree to comply with all applicable rules and requirements of YouTrendMe's Program for earning Benefits. YouTrendMe reserves the right to cancel, suspend, or revoke any Benefits for any reason, including your failure to comply with all such rules and requirements for earning Benefits.

Benefits may be issued by YouTrendMe on a periodic basis. Benefits do not have a cash value and may not be redeemed outside of YouTrendMe's website. The number, type and frequency of Benefits are based upon a number of factors, each subject to change, including without limitation, volume and type of purchases, type and amount of personal information provided (for example, email address), as well as the nature and amount of participation in or interaction with other YouTrendMe programs or applications (for example, surveys). If there is any discrepancy as to any Benefits claimed or awarded, YouTrendMe's determination will be final.

Benefits will be considered forfeited if not used within any allotted time frame designated by YouTrendMe. Benefits are also subject to change or substitution without notice and at the sole discretion of YouTrendMe. YouTrendMe will retain sole discretion in processing Benefits and may, from time-to-time, convert Benefits into gift cards and/or cash or any cash equivalent. Your use of any gift cards issued pursuant to these Terms of Use will constitute Your acceptance of such terms. If Benefits are converted into a gift card, You understand and agree that the gift cards will be governed by the terms set forth by the the issuer of the card, including terms governing redeeming gift cards, how lost or stolen gift cards are handled, gift card expiration dates, resale of gift cards, and refunding gift card balances. Prior to Benefits being converted, they may be revoked or adjusted at any time. Benefits may be transferred only at the discretion of YouTrendMe.

Benefits will not be valid if obtained through fraud, misrepresentation, or in violation of these Terms of Use or any other YouTrendMe policy or procedure. Any username and password associated with Benefits are for your personal use only and you are solely responsible for maintaining the security and confidentiality of your Benefits, your account, username, and password, and you agree to be responsible for all activities that occur with your Benefits and under your account, username or password.

YouTrendMe reserves the right to terminate or change the Program, including these Program Terms of Use, at any time without notice. YouTrendMe may conduct test programs from time-to-time in various markets that may have additional or different program terms than those described here.

Benefits may not be earned or redeemed if unexpected technical difficulties arise. YouTrendMe has no responsibility to retroactively apply Benefits or use Benefits. Benefits are valid only in the United States.

Pricing and Returns

YouTrendMe is separate and distinct from the retailers from which products may be purchased. This means that YouTrendMe has no control over or ability to modify the products, prices, and return policies offered by those retailers. For any product ordered, you should consult with the applicable retailer for its policies and procedures.

Errors and Mistakes

While we try to ensure accuracy, we reserve the right to correct any errors on this Site, in pricing, descriptions, promotions, or member benefits, and to cancel or refuse to accept any member benefits based on inaccurate information. Such corrections may be made even after member benefits are accepted.

Connecting and Communications

We want to keep in contact with you. For example, YouTrendMe may send you information about new features, special offers, phenomenal products, promotional announcements, and customer surveys via email or other methods. Accordingly, You agree and consent to receive email communications from YouTrendMe or its designated partners or affiliates. If you no longer want to receive certain communications from us, simply use your account name and password to access your communication preferences and uncheck those items to unsubscribe. We also want you to connect with who you want to connect with on YouTrendMe's website. But we leave it up to you to decide who to connect with and if you use YouTrendMe to communicate with other members, you are responsible for all such communications.

Digital Millennium Copyright Act (DMCA)

If you believe any material on the Site, either posted by YouTrendMe, our users or any other party, is infringing, please contact YouTrendMe at the address below. Pursuant to the Digital Millennium Copyright Act, YouTrendMe has a designated agent to receive copyright infringement claims.

The agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA) is:

Jason Shinn, Attorney
Shinn Legal, PLC
www.shinnlegal.com
3080 Orchard Lake, Rd., Suite C
Keego Harbor, MI 48320
P: 248-850-2290
F: 248-850-2212

YouTrendMe's policies with regard to copyright are stated in these Terms of Use. The Digital Millennium Copyright Act requires (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements) that all infringement claims must be in writing and must include the following information:

  • A physical or electronic signature of the copyright owner or the person authorized to act on the copyright owner's behalf;
  • A description of the copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient to permit YouTrendMe to locate the material;
  • Your contact information, including your address, telephone number, and email;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Children's Online Privacy Protection Act (COPPA)

In compliance with the Children's Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any Personally Identifiable Information (PII) from children under 13 years of age, unless we believe such collection to be permitted by law. YouTrendMe's Site audience is intended to be over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended. If you are the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact our attorneys at www.shinnlegal.com. Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child's PII, as well as refuse to permit the further collection or use of such PII.

Review, Understanding and Acceptance of the Terms of Use

You agree, represent, and warrant:
  1. You have read these Terms of Use and that you have no remaining questions, uncertainties, or concerns about these Terms of Conditions and their application to you and, therefore, you fully understand and agree to comply with all rules and obligations under these Terms of Use.
  2. You are an adult and at least 18 years of age, or that you have attained the age of majority under the laws of your state, province or country, and are capable of lawfully entering into and executing the Terms of Use.
  3. You have the power and authority to enter into and perform all obligations under this agreement;
  4. You own all Submitted Content or otherwise have all rights to the Submitted Content, including the right to sublicense (as set forth in these Terms of Use) such rights to YouTrendMe.
  5. You will indemnify and hold harmless YouTrendMe, and its parent companies, subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees (individually and collectively referred to as "YouTrendMe"), from and against all claims, losses, costs, damages, liabilities and costs and expenses (including actual attorneys' fees and costs) that arise in any way from any breach of your agreements, obligations, representations or warranties set forth in the Terms of Use or arising out of or in connection with any Submitted Materials, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another party. YouTrendMe may choose to participate or assist in the defense of any such action. Any settlement intended to bind or otherwise affect the rights and interests of YouTrendMe will not be final without YouTrendMe's written consent.
  6. If any judgment or damages are awarded against YouTrendMe arising out of or related in any way to your Submitted Content or your violation of these Terms of Use, you expressly agree (i) To pay all such damages in addition to any lost profits, statutory damages, and consequential damages relating in any way to the impoundment, disposition, or destruction of any infringing copies of a work; and (ii) To disgorge all compensation paid to you by YouTrendMe pursuant to these Terms of Use.

Privacy Policies and Procedures

Please click here for YouTrendMe's Privacy Policy and Procedures ("Privacy Policy"), which are expressly and fully incorporated into these Terms of Use. It is, therefore, important for you to review and understand YouTrendMe's Privacy Policy.

Miscellaneous Legal Provisions
  • Complete Agreement: These Terms of Use constitute the entire agreement between you and YouTrendMe with respect to the use of this Site. Your use of this Site may also be subject to YouTrendMe's purchase order. If there is a conflict between these Terms of Use and a purchase order, the Terms of Use control.
  • Binding Upon Your Successors: These Terms of Use and their performance will be binding on you and your heirs, administrators, successors and assigns. These Terms of Use specifically apply to any submission of material that you make to YouTrendMe and, with respect to such submissions, supersedes any other Terms of Use applicable to YouTrendMe.com.
  • Colors / Product Descriptions: YouTrendMe makes all reasonable efforts to accurately display the attributes of products, including the applicable colors. The actual color, however, you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors.
  • Assignability: These Terms of Use, including the License, in whole or in part, may be freely assigned by YouTrendMe. User, however, may not assign any portion of these Terms of Use, including the License, without the prior written approval of YouTrendMe.
  • Shipping Limitations: When an order is placed, it will be shipping to an address designated by the user as long as that shipping address is compliant with applicable shipping restrictions. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
  • Trademarks: Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of YouTrendMe. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of YouTrendMe or such other owner.
  • Equitable Relief: You irrevocably waive any right to seek injunctive or equitable relief.
  • No Waiver: Any delay or failure on the part of YouTrendMe to exercise or enforce any rights under these Terms of Use to which it may be entitled will not, under any circumstances, be construed as a waiver of the right and privilege to do so at any subsequent time.
  • Modification: The Terms of Use cannot be amended, modified, or supplemented in any respect except in writing by YouTrendMe. YouTrendMe may modify these Terms of Use at any time and such modifications will be effective immediately upon posting of the modified Terms of Use and your continued use of the Site means that you have agreed to accept any changes or modifications made by YouTrendMe. You should periodically visit this page to review the most recent Terms of Use.
  • Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the Site or these Terms of Use must be filed in a court of applicable jurisdiction within six months after such claim or cause of action arose or be forever barred.
  • Disclaimer: YouTrendMe expressly disclaims all warranties of any kind, whether express or implied with respect to this Site and any content provided on the site. This disclaimer includes without limitation and by way of example only, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Except as such disclaimer may be limited by applicable law or as otherwise set forth in these Terms of Use, YouTrendMe makes no warranty through this Site with respect to any information or other material obtained by you through the Site will meet your expectations. No advice or information, whether oral or written, obtained by you from YouTrendMe or its Site will create any warranty not expressly stated in these Terms of Use. Any product purchased through the website is done so at your own discretion and risk. Under no circumstances will YouTrendMe be liable for any unauthorized use of the Site.
  • Assignment: Your agreement under the Terms of Use, and any rights or licenses granted under the Terms of Use may not be transferred or assigned by you, but may be assigned by YouTrendMe without restriction.
  • Limitation of Liability: To the extent legally permitted under applicable law, you agree that under no circumstances will YouTrendMe, its subsidiaries, affiliates, directors, employees, independent contractors, agents or any other party designated by YouTrendMe in connection with its business operations be liable, without limitation to you for any indirect, incidental, special, consequential, or exemplary damages. By way of example only, this includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. If for any reason this provision is prohibited or limited then, instead of this limitation of liability provision, you agree that YouTrendMe will be entitled to the maximum disclaimer, limitation, or both on damages and liability available at law and equity. You agree that this limitation of liability release is made with the knowing intent of releasing all known and unknown claims in future claims and with the intent of waiving all rights under applicable statutes requiring such waivers to be knowingly made.
  • Taxes: In accordance with U.S. tax law, YouTrendMe may be required to send to you and file with the IRS a Form 1099-MISC (Miscellaneous Income) for the year in which a reward is issued to you. The valuation of Benefit redemptions for Form 1099-MISC tax reporting purposes will be at YouTrendMe's sole discretion. You are solely responsible for any personal tax liability arising out of the redemption of any Benefits, as well as calculating, collecting, or reporting any of your tax related obligations that may arise out of your use of the SiteChoice of Law: You agree that any dispute arising in any way from your purchase, access to the Site, your use of the Site, or a violation of the Terms of Use are to be construed, governed and enforced exclusively according to the laws of Michigan or applicable federal copyright law, without respect to its conflict of laws principles.
  • Domestic Use: YouTrendMe controls the Site from our Michigan offices in the United States of America. We make no representation that the Site or its content are appropriate or available for use in other locations. Users who access the Site from outside Michigan do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable.
  • Jurisdiction: This Site is controlled and operated by YouTrendMe from its Michigan offices. If you access this Site from any location outside of Michigan, you do so on your own initiative and are responsible for compliance with your local laws, if and to the extent they are applicable. You agree that use of or access to the Site will not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of Michigan by YouTrendMe. Further, YouTrendMe does not consent to personal jurisdiction in any other state except Michigan and you agree to not assert such jurisdiction in any other state except Michigan. Further, you agree that a competent court in Michigan will have exclusive jurisdiction regarding any dispute arising in any way from your purchase, access to the Site, your use of the Site, or a violation of the Terms of Use. Further, by accessing or making a purchase on the Site, you agree not to contest this exclusive jurisdiction. You also agree that for the purpose of resolving any issue pertaining to conflict of laws that may arise, the Terms of Use will be deemed to be fully and solely executed, performed and observed in the State of Michigan.
  • Limitation on Access and Distribution: The information provided on the Site is not intended for distribution to or accessed by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject YouTrendMe to any registration requirement within such jurisdiction or country.
  • Severability: If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from the remainder, which will remain in full force. The parties agree that any court, arbitrator, or fact-finder should endeavor to give the fullest possible effect to the parties' intentions as reflected exclusively in the provisions of these Terms of Use and should not affect the validity and enforceability of any remaining provision.
Questions: If you have a question about your account, any purchase, or a general question about YouTrendMe, or any other customer service inquiry, please visit contact section of our website.

These Terms and Conditions were last updated on November 20th, 2012.
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