TERMS
Terms of Service
Last modified on September 1, 2020.
Welcome to ISO Style Want It (“ISO Style”). You are now reading our terms of service, with is the contract between you and ISO Style when you use our site and services (the “Terms”). You should read this carefully before you use ISO Style. If you have anyquestions or suggestions, please feel free to email us at [jess@shopisostyle.com].
1. Accepting the Terms of Service
Please read these Terms carefully before using our website www.shopisostyle.com and our Instagram page @shopisostyle, @isostylekids (the “Sites”) and/or the other domains, products, services, and/or content provided by ISO Style (all of those collectively with the Site, the “Services”). By using or accessing the Services, you (“Subscriber” or “you”) agree to become bound by all the Terms. If you do not agree to the Terms, you shouldn't use the Services. Our Services are conditioned upon your assent to all the Terms.
2. Access to the Services
The Services provided by ISO Style are solely for your own use, and not for the use or benefit of any third party. The term “Services” includes, without limitation, use of the website, our Instagram page, and any other services ISO Style performs for you. ISO Style may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (defined below). ISO Style may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice. ISO Style reserves the right to modify the Terms at any time by posting a notice our website and Instagram page, or by sending you a notice via email or direct message. You are responsible for reviewing and becoming familiar with any such changes. Your continued use of the Services following such notification constitutes your acceptance of the new Terms. ISO Style does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use the Services. If you are under 13, please do not attempt to use the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to ISO Style or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at [jess@shopiostyle.com] You represent to ISO Style that: (i) you are an individual (i.e., not a business entity) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.
Purchases
The following terms govern purchases you make with ISO Style. These are items you have attempted to purchase, and/or have purchased, within Sites. Ordering All purchases through ISO Style’s Sites are governed by these Terms. To initiate a purchase a Subscriber should comment “want it” on the Instagram post of the item he/she desires to purchase. An ISO Style representative will direct message you through Instagram to obtain your shipping address, size and e-mail. Once confirmed, you are sent a Shopify payment and shipping link via DM. You will then receive a confirmation e-mail and tracking number for your purchased item.
Return Policy
ISO Style maintains a 30-day return policy. Merchandise being returned must not be worn, altered, or washed and must have tags attached. Provided the returned merchandise meets these criteria we will issue you a full refund, or exchange sizes when available. Please contact us via DM if you would like to return or exchange an order and we will e-mail you a return shipping label. Once we receive the merchandise back from you and it has been processed, we will issue you a refund or, if requested, an item in exchange.
Shipping and Delivery
Once your order has been processed ISO Style will provide you a confirmation email that our order has shipped and we will provide you a tracking number via e-mail. Any estimates ISO Style may provide you with respect to shipping and/or delivery are simply estimates and based on the best information available to ISO Style. Please note, there is no additional charge for shipping. The purchase price you see on our Sites for the item you are purchasing is inclusive of shipping.
Payments
ISO Style uses third-party payment processors (“Payment Processors”) to allow you to pay for products purchased through the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to these Terms. ISO Style is not responsible for errors by the Payment Processors. By choosing to purchase goods through the Services, you agree to pay through the Payment Processors, all charges at the prices then in effect for your purchase in accordance with the applicable payment terms and you authorize ISO Style, via the applicable Payment Processors, to charge your chosen payment provider. Please be aware that items you are charged may include state and local sales tax. For each purchase, you grant ISO Style the right to revise charges and correct any errors or mistakes that are made regarding the purchase price of your order, even where ISO Style has already
received payment from you. For example, in some instances, ISO Style will charge you estimated State and local sales tax, and may revise the sales tax charge as necessary.
Information ISO Style Collects And Shares Regarding Purchases
When you place an order, ISO Style will collect and store your shipping address, size and e-mail. Your payment information, such as credit card information, will be maintained by the Payment Processors, and not ISO Style. ISO Style Discretion And Your Recourse You agree that ISO Style has the absolute discretion to cancel any order at any time for any reason. You agree that any dispute between you and ISO Style related to a purchase(s) made through the Services, can be resolved in its entirety by your receipt of a full refund for all amounts you were charged and paid.
Website and Services Content
The website, our Instagram page and the Services, and their contents are intended solely for the use of Services users and may only be used in accordance with these Terms. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations—also known as the “Content,”—are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you: (i) without the express prior
written consent of the respective owners, and (ii) in any way that violates any third party right. The website, our Instagram page and the Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. In the course of using the Services, you and other users may provide information which may be used by ISO Style in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the website
or our Instagram page, or otherwise providing content, materials or information to ISO Style or in connection with the Services (collectively, “User Submissions”), ISO Style hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with the Services, the website, our Instagram page and ISO Style’s business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. Furthermore, you understand that ISO Style retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to ISO Style does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that ISO Style will not be liable for any errors or omissions in any content.
Restrictions
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, degrading, intimidating, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of ISO Style; (v) restricts or inhibits any other user from using and enjoying the Services or Content; (vi) relate to products that are sexual or pornographic in nature, alcoholic products, tobacco products or other products that are unlawful in any manner; or (vii) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. ISO Style reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if ISO Style is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You further agree you will not, in connection with a similar business, (a) copy the unique aspects of the Services including using “trigger” words in the comments to initiate a purchase, or (b) copy our cadence at which we advertise new products (i.e., every Monday, Wednesday and Friday at), or (c) copy the look and feel of our Services. You agree that monetary damages may not be adequate for violation of any of the foregoing restrictions and ISO Style is expressly permitted to seek injunctive relief, and you waive any bond requirement. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user or Subscribers of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website or our Instagram page is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.
Warranty Disclaimer
The Services, Content, website, Instagram page and any software, are provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how an implied warranty lasts, so the above limitations may not apply to you.
Termination
These Terms shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. ISO Style may terminate or suspend your access to the Services at any time, for any reason, and without warning. ISO Style may also terminate or suspend any and all Services and access to the Website or our Instagram page immediately, without prior notice or liability, if you breach any of the Terms. Upon termination of your account, your right to access and use the Services will immediately cease. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Miscellaneous
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. ISO Style shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ISO Style's reasonable control. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. The agreement pursuant to these Terms is not assignable, transferable or sublicensable by you except with ISO Style’s prior written consent. ISO Style may transfer, assign or delegate the agreement created by these Terms and its rights and obligations without consent. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind ISO Style in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
Arbitration; Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in a mutually agreeable location, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the District of Delaware.
Copyright Dispute Policy
ISO Style has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of ISO Style’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is ISO Style’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. Procedure for Reporting Copyright Infringements If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the
owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that ISO Style is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent
It is ISO Style’s policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled
access to the material; and
3. that repeat offenders will have the infringing material removed from the system
and that ISO Style will terminate such person’s access to the Services.
Procedure to Supply a Counter-Notice to the Designated Agent
If the person whose content is removed believes that the material that was removed (or to which access was disabled) is not infringing, or believes that he/she has the right to post and use such material from the copyright owner, such person must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the person;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the person has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. The person’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the person is located, and that such person or entity will accept service of process from the person who provided
notification of the alleged infringement. If a counter-notice is received by the
Designated Agent, ISO Style may send a copy of the counter-notice to the original
complaining party informing that person that ISO Style may replace the removed
material or cease disabling it in 10 business days. Unless the copyright owner files
an action seeking a court order against the person providing the content, ISO Style within its discretion may restore the challenged content within 14 business days after receipt of the counter-notice.
Please contact ISO Style’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
ISO Style
50 Forest Rd.
Tenafly, NJ 07670
Contact
If you have any questions, complaints, or claims with respect to the Services, you may contact us at jess@shopisostyle.com