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Terms of Service

Terms of Service:

The fol­low­ing terms and con­di­tions gov­ern all use of the StilettoCottage.net web­site and all con­tent, ser­vices and prod­ucts avail­able at or through the web­site (taken together, the Web­site). The Web­site is owned and oper­ated by Stiletto Cot­tage (“Stiletto Cot­tage”). The Web­site is offered sub­ject to your accep­tance with­out mod­i­fi­ca­tion of all of the terms and con­di­tions con­tained herein and all other oper­at­ing rules, poli­cies (includ­ing, with­out lim­i­ta­tion, Stiletto Cot­tage Pri­vacy Pol­icy) and pro­ce­dures that may be pub­lished from time to time on this Site by Stiletto Cot­tage (col­lec­tively, the “Agreement”).

Please read this Agree­ment care­fully before access­ing or using the Web­site. By access­ing or using any part of the web site, you agree to become bound by the terms and con­di­tions of this agree­ment. If you do not agree to all the terms and con­di­tions of this agree­ment, then you may not access the Web­site or use any ser­vices. If these terms and con­di­tions are con­sid­ered an offer by Stiletto Cot­tage, accep­tance is expressly lim­ited to these terms. The Web­site is avail­able only to indi­vid­u­als who are at least 13 years old.

  1. Your StilettoCottage.net Account and Site. If you cre­ate a blog/site on the Web­site, you are respon­si­ble for main­tain­ing the secu­rity of your account and blog, and you are fully respon­si­ble for all activ­i­ties that occur under the account and any other actions taken in con­nec­tion with the blog. You must not describe or assign key­words to your blog in a mis­lead­ing or unlaw­ful man­ner, includ­ing in a man­ner intended to trade on the name or rep­u­ta­tion of oth­ers, and Stiletto Cot­tage may change or remove any descrip­tion or key­word that it con­sid­ers inap­pro­pri­ate or unlaw­ful, or oth­er­wise likely to cause Stiletto Cot­tage lia­bil­ity. You must imme­di­ately notify Stiletto Cot­tage of any unau­tho­rized uses of your blog, your account or any other breaches of secu­rity. Stiletto Cot­tage will not be liable for any acts or omis­sions by You, includ­ing any dam­ages of any kind incurred as a result of such acts or omissions.
  2. Respon­si­bil­ity of Con­trib­u­tors. If you oper­ate a blog, com­ment on a blog, post mate­r­ial to the Web­site, post links on the Web­site, or oth­er­wise make (or allow any third party to make) mate­r­ial avail­able by means of the Web­site (any such mate­r­ial, “Con­tent”), You are entirely respon­si­ble for the con­tent of, and any harm result­ing from, that Con­tent. That is the case regard­less of whether the Con­tent in ques­tion con­sti­tutes text, graph­ics, an audio file, or com­puter soft­ware. By mak­ing Con­tent avail­able, you rep­re­sent and war­rant that:
    • the down­load­ing, copy­ing and use of the Con­tent will not infringe the pro­pri­etary rights, includ­ing but not lim­ited to the copy­right, patent, trade­mark or trade secret rights, of any third party;
    • if your employer has rights to intel­lec­tual prop­erty you cre­ate, you have either (i) received per­mis­sion from your employer to post or make avail­able the Con­tent, includ­ing but not lim­ited to any soft­ware, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully com­plied with any third-party licenses relat­ing to the Con­tent, and have done all things nec­es­sary to suc­cess­fully pass through to end users any required terms;
    • the Con­tent does not con­tain or install any viruses, worms, mal­ware, Tro­jan horses or other harm­ful or destruc­tive content;
    • the Con­tent is not spam, is not machine– or randomly-generated, and does not con­tain uneth­i­cal or unwanted com­mer­cial con­tent designed to drive traf­fic to third party sites or boost the search engine rank­ings of third party sites, or to fur­ther unlaw­ful acts (such as phish­ing) or mis­lead recip­i­ents as to the source of the mate­r­ial (such as spoofing);
    • the Con­tent is not porno­graphic, does not con­tain threats or incite vio­lence towards indi­vid­u­als or enti­ties, and does not vio­late the pri­vacy or pub­lic­ity rights of any third party;
    • your blog is not get­ting adver­tised via unwanted elec­tronic mes­sages such as spam links on news­groups, email lists, other blogs and web sites, and sim­i­lar unso­licited pro­mo­tional methods;
    • your blog is not named in a man­ner that mis­leads your read­ers into think­ing that you are another per­son or com­pany. For exam­ple, your blog’s URL or name is not the name of a per­son other than your­self or com­pany other than your own; and
    • you have, in the case of Con­tent that includes com­puter code, accu­rately cat­e­go­rized and/or described the type, nature, uses and effects of the mate­ri­als, whether requested to do so by Stiletto Cot­tage or otherwise.

    By sub­mit­ting Con­tent to Stiletto Cot­tage for inclu­sion on your Web­site, you grant Stiletto Cot­tage a world-wide, royalty-free, and non-exclusive license to repro­duce, mod­ify, adapt and pub­lish the Con­tent solely for the pur­pose of dis­play­ing, dis­trib­ut­ing and pro­mot­ing your blog. If you delete Con­tent, Stiletto Cot­tage will use rea­son­able efforts to remove it from the Web­site, but you acknowl­edge that caching or ref­er­ences to the Con­tent may not be made imme­di­ately unavailable.

    With­out lim­it­ing any of those rep­re­sen­ta­tions or war­ranties, Stiletto Cot­tage has the right (though not the oblig­a­tion) to, in Stiletto Cot­tage sole dis­cre­tion (i) refuse or remove any con­tent that, in Stiletto Cot­tage rea­son­able opin­ion, vio­lates any Stiletto Cot­tage pol­icy or is in any way harm­ful or objec­tion­able, or (ii) ter­mi­nate or deny access to and use of the Web­site to any indi­vid­ual or entity for any rea­son, in Stiletto Cot­tage sole dis­cre­tion. Stiletto Cot­tage will have no oblig­a­tion to pro­vide a refund of any amounts pre­vi­ously paid.

  3. Pay­ment and Renewal.
    • Gen­eral Terms.
      By select­ing a prod­uct or ser­vice, you agree to pay Stiletto Cot­tage the one-time and/or monthly or annual sub­scrip­tion fees indi­cated (addi­tional pay­ment terms may be included in other com­mu­ni­ca­tions). Sub­scrip­tion pay­ments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that ser­vice for a monthly or annual sub­scrip­tion period as indi­cated. Pay­ments are not refundable.
    • Auto­matic Renewal.
      Unless you notify Stiletto Cot­tage before the end of the applic­a­ble sub­scrip­tion period that you want to can­cel a sub­scrip­tion, your sub­scrip­tion will auto­mat­i­cally renew and you autho­rize us to col­lect the then-applicable annual or monthly sub­scrip­tion fee for such sub­scrip­tion (as well as any taxes) using any credit card or other pay­ment mech­a­nism we have on record for you. Upgrades can be can­celed at any time by sub­mit­ting your request to Stiletto Cot­tage in writing.
  4. Ser­vices.
    • Fees; Pay­ment. By sign­ing up for a Ser­vices account you agree to pay Stiletto Cot­tage the applic­a­ble setup fees and recur­ring fees. Applic­a­ble fees will be invoiced start­ing from the day your ser­vices are estab­lished and in advance of using such ser­vices. Stiletto Cot­tage reserves the right to change the pay­ment terms and fees upon thirty (30) days prior writ­ten notice to you. Ser­vices can be can­celed by you at any­time on thirty (30) days writ­ten notice to Stiletto Cottage.
    • Sup­port. If your ser­vice includes access to pri­or­ity email sup­port. “Email sup­port” means the abil­ity to make requests for tech­ni­cal sup­port assis­tance by email at any time (with rea­son­able efforts by Stiletto Cot­tage to respond within one busi­ness day) con­cern­ing the use of the VIP Ser­vices. “Pri­or­ity” means that sup­port takes pri­or­ity over sup­port for users of the stan­dard or free StilettoCottage.net ser­vices. All sup­port will be pro­vided in accor­dance with Stiletto Cot­tage stan­dard ser­vices prac­tices, pro­ce­dures and policies.
  5. Respon­si­bil­ity of Web­site Vis­i­tors. Stiletto Cot­tage has not reviewed, and can­not review, all of the mate­r­ial, includ­ing com­puter soft­ware, posted to the Web­site, and can­not there­fore be respon­si­ble for that material’s con­tent, use or effects. By oper­at­ing the Web­site, Stiletto Cot­tage does not rep­re­sent or imply that it endorses the mate­r­ial there posted, or that it believes such mate­r­ial to be accu­rate, use­ful or non-harmful. You are respon­si­ble for tak­ing pre­cau­tions as nec­es­sary to pro­tect your­self and your com­puter sys­tems from viruses, worms, Tro­jan horses, and other harm­ful or destruc­tive con­tent. The Web­site may con­tain con­tent that is offen­sive, inde­cent, or oth­er­wise objec­tion­able, as well as con­tent con­tain­ing tech­ni­cal inac­cu­ra­cies, typo­graph­i­cal mis­takes, and other errors. The Web­site may also con­tain mate­r­ial that vio­lates the pri­vacy or pub­lic­ity rights, or infringes the intel­lec­tual prop­erty and other pro­pri­etary rights, of third par­ties, or the down­load­ing, copy­ing or use of which is sub­ject to addi­tional terms and con­di­tions, stated or unstated. Stiletto Cot­tage dis­claims any respon­si­bil­ity for any harm result­ing from the use by vis­i­tors of the Web­site, or from any down­load­ing by those vis­i­tors of con­tent there posted.
  6. Con­tent Posted on Other Web­sites. We have not reviewed, and can­not review, all of the mate­r­ial, includ­ing com­puter soft­ware, made avail­able through the web­sites and web­pages to which StilettoCottage.net links, and that link to StilettoCottage.net. Stiletto Cot­tage does not have any con­trol over those non-Stiletto Cot­tage web­sites and web­pages, and is not respon­si­ble for their con­tents or their use. By link­ing to a non-Stiletto Cot­tage web­site or web­page, Stiletto Cot­tage does not rep­re­sent or imply that it endorses such web­site or web­page. You are respon­si­ble for tak­ing pre­cau­tions as nec­es­sary to pro­tect your­self and your com­puter sys­tems from viruses, worms, Tro­jan horses, and other harm­ful or destruc­tive con­tent. Stiletto Cot­tage dis­claims any respon­si­bil­ity for any harm result­ing from your use of non-Stiletto Cot­tage web­sites and webpages.
  7. Copy­right Infringe­ment and DMCA Pol­icy. As Stiletto Cot­tage asks oth­ers to respect its intel­lec­tual prop­erty rights, it respects the intel­lec­tual prop­erty rights of oth­ers. If you believe that mate­r­ial located on or linked to by StilettoCottage.net vio­lates your copy­right, you are encour­aged to notify Stiletto Cot­tage in accor­dance with Stiletto Cot­tage Dig­i­tal Mil­len­nium Copy­right Act (“DMCA”) Pol­icy. Stiletto Cot­tage will respond to all such notices, includ­ing as required or appro­pri­ate by remov­ing the infring­ing mate­r­ial or dis­abling all links to the infring­ing mate­r­ial. Stiletto Cot­tage will ter­mi­nate a visitor’s access to and use of the Web­site if, under appro­pri­ate cir­cum­stances, the vis­i­tor is deter­mined to be a repeat infringer of the copy­rights or other intel­lec­tual prop­erty rights of Stiletto Cot­tage or oth­ers. In the case of such ter­mi­na­tion, Stiletto Cot­tage will have no oblig­a­tion to pro­vide a refund of any amounts pre­vi­ously paid to Stiletto Cottage.
  8. Intel­lec­tual Prop­erty. This Agree­ment does not trans­fer from Stiletto Cot­tage to you any Stiletto Cot­tage or third party intel­lec­tual prop­erty, and all right, title and inter­est in and to such prop­erty will remain (as between the par­ties) solely with Stiletto Cot­tage. Stiletto Cot­tage, StilettoCottage.net, the StilettoCottage.net logo, and all other trade­marks, ser­vice marks, graph­ics and logos used in con­nec­tion with StilettoCottage.net, or the Web­site are trade­marks or reg­is­tered trade­marks of Stiletto Cot­tage or Stiletto Cot­tage licen­sors. Other trade­marks, ser­vice marks, graph­ics and logos used in con­nec­tion with the Web­site may be the trade­marks of other third par­ties. Your use of the Web­site grants you no right or license to repro­duce or oth­er­wise use any Stiletto Cot­tage or third-party trademarks.
  9. Adver­tise­ments. Stiletto Cot­tage reserves the right to dis­play adver­tise­ments on your blog unless you have pur­chased an ad-free account.
  10. Attri­bu­tion. Stiletto Cot­tage reserves the right to dis­play attri­bu­tion links such as ‘Blog at StilettoCottage.net,’ theme author, and font attri­bu­tion in your blog footer or toolbar.
  11. Part­ner Prod­ucts. By acti­vat­ing a part­ner prod­uct (e.g. theme) from one of our part­ners, you agree to that partner’s terms of ser­vice. You can opt out of their terms of ser­vice at any time by de-activating the part­ner product.
  12. Domain Names. If you are reg­is­ter­ing a domain name, using or trans­fer­ring a pre­vi­ously reg­is­tered domain name, you acknowl­edge and agree that use of the domain name is also sub­ject to the poli­cies of the Inter­net Cor­po­ra­tion for Assigned Names and Num­bers (“ICANN”), includ­ing their Reg­is­tra­tion Rights and Respon­si­bil­i­ties.
  13. Changes. Stiletto Cot­tage reserves the right, at its sole dis­cre­tion, to mod­ify or replace any part of this Agree­ment. It is your respon­si­bil­ity to check this Agree­ment peri­od­i­cally for changes. Your con­tin­ued use of or access to the Web­site fol­low­ing the post­ing of any changes to this Agree­ment con­sti­tutes accep­tance of those changes. Stiletto Cot­tage may also, in the future, offer new ser­vices and/or fea­tures through the Web­site (includ­ing, the release of new tools and resources). Such new fea­tures and/or ser­vices shall be sub­ject to the terms and con­di­tions of this Agree­ment.
  14. Ter­mi­na­tion. Stiletto Cot­tage may ter­mi­nate your access to all or any part of the Web­site at any time, with or with­out cause, with or with­out notice, effec­tive imme­di­ately. If you wish to ter­mi­nate this Agree­ment or your StilettoCottage.net account (if you have one), you may sim­ply dis­con­tinue using the Web­site. Notwith­stand­ing the fore­go­ing, if you have a paid ser­vices account, such account can only be ter­mi­nated by Stiletto Cot­tage if you mate­ri­ally breach this Agree­ment and fail to cure such breach within thirty (30) days from Stiletto Cot­tage notice to you thereof; pro­vided that, Stiletto Cot­tage can ter­mi­nate the Web­site imme­di­ately as part of a gen­eral shut down of our ser­vice. All pro­vi­sions of this Agree­ment which by their nature should sur­vive ter­mi­na­tion shall sur­vive ter­mi­na­tion, includ­ing, with­out lim­i­ta­tion, own­er­ship pro­vi­sions, war­ranty dis­claimers, indem­nity and lim­i­ta­tions of lia­bil­ity.
  15. Dis­claimer of War­ranties. The Web­site is pro­vided “as is”. Stiletto Cot­tage and its sup­pli­ers and licen­sors hereby dis­claim all war­ranties of any kind, express or implied, includ­ing, with­out lim­i­ta­tion, the war­ranties of mer­chantabil­ity, fit­ness for a par­tic­u­lar pur­pose and non-infringement. Nei­ther Stiletto Cot­tage nor its sup­pli­ers and licen­sors, makes any war­ranty that the Web­site will be error free or that access thereto will be con­tin­u­ous or unin­ter­rupted. You under­stand that you down­load from, or oth­er­wise obtain con­tent or ser­vices through, the Web­site at your own dis­cre­tion and risk.
  16. Lim­i­ta­tion of Lia­bil­ity. In no event will Stiletto Cot­tage, or its sup­pli­ers or licen­sors, be liable with respect to any sub­ject mat­ter of this agree­ment under any con­tract, neg­li­gence, strict lia­bil­ity or other legal or equi­table the­ory for: (i) any spe­cial, inci­den­tal or con­se­quen­tial dam­ages; (ii) the cost of pro­cure­ment for sub­sti­tute prod­ucts or ser­vices; (iii) for inter­rup­tion of use or loss or cor­rup­tion of data; or (iv) for any amounts that exceed the fees paid by you to Stiletto Cot­tage under this agree­ment dur­ing the twelve (12) month period prior to the cause of action. Stiletto Cot­tage shall have no lia­bil­ity for any fail­ure or delay due to mat­ters beyond their rea­son­able con­trol. The fore­go­ing shall not apply to the extent pro­hib­ited by applic­a­ble law.
  17. Gen­eral Rep­re­sen­ta­tion and War­ranty. You rep­re­sent and war­rant that (i) your use of the Web­site will be in strict accor­dance with the Stiletto Cot­tage Pri­vacy Pol­icy, with this Agree­ment and with all applic­a­ble laws and reg­u­la­tions (includ­ing with­out lim­i­ta­tion any local laws or reg­u­la­tions in your coun­try, state, city, or other gov­ern­men­tal area, regard­ing online con­duct and accept­able con­tent, and includ­ing all applic­a­ble laws regard­ing the trans­mis­sion of tech­ni­cal data exported from the United States or the coun­try in which you reside) and (ii) your use of the Web­site will not infringe or mis­ap­pro­pri­ate the intel­lec­tual prop­erty rights of any third party.
  18. Indem­ni­fi­ca­tion. You agree to indem­nify and hold harm­less Stiletto Cot­tage, its con­trac­tors, and its licen­sors, and their respec­tive direc­tors, offi­cers, employ­ees and agents from and against any and all claims and expenses, includ­ing attor­neys’ fees, aris­ing out of your use of the Web­site, includ­ing but not lim­ited to your vio­la­tion of this Agreement.
  19. Mis­cel­la­neous. This Agree­ment con­sti­tutes the entire agree­ment between Stiletto Cot­tage and you con­cern­ing the sub­ject mat­ter hereof, and they may only be mod­i­fied by a writ­ten amend­ment signed by an autho­rized exec­u­tive of Stiletto Cot­tage, or by the post­ing by Stiletto Cot­tage of a revised ver­sion. Except to the extent applic­a­ble law, if any, pro­vides oth­er­wise, this Agree­ment, any access to or use of the Web­site will be gov­erned by the laws of the Welling­ton, New Zealand, exclud­ing its con­flict of law pro­vi­sions, and the proper venue for any dis­putes aris­ing out of or relat­ing to any of the same will be the state and fed­eral courts located in Welling­ton, New Zealand. Except for claims for injunc­tive or equi­table relief or claims regard­ing intel­lec­tual prop­erty rights (which may be brought in any com­pe­tent court with­out the post­ing of a bond), any dis­pute aris­ing under this Agree­ment shall be finally set­tled in accor­dance with the Com­pre­hen­sive Arbi­tra­tion Rules of the Judi­cial Arbi­tra­tion and Medi­a­tion Ser­vice, Inc. (“JAMS”) by three arbi­tra­tors appointed in accor­dance with such Rules. The arbi­tra­tion shall take place in Welling­ton, New Zealand, in the Eng­lish lan­guage and the arbi­tral deci­sion may be enforced in any court. The pre­vail­ing party in any action or pro­ceed­ing to enforce this Agree­ment shall be enti­tled to costs and attor­neys’ fees. If any part of this Agree­ment is held invalid or unen­force­able, that part will be con­strued to reflect the par­ties’ orig­i­nal intent, and the remain­ing por­tions will remain in full force and effect. A waiver by either party of any term or con­di­tion of this Agree­ment or any breach thereof, in any one instance, will not waive such term or con­di­tion or any sub­se­quent breach thereof. You may assign your rights under this Agree­ment to any party that con­sents to, and agrees to be bound by, its terms and con­di­tions; Stiletto Cot­tage may assign its rights under this Agree­ment with­out con­di­tion. This Agree­ment will be bind­ing upon and will inure to the ben­e­fit of the par­ties, their suc­ces­sors and per­mit­ted assigns.