Content Terms & Conditions
Welcome to Estella. Please read these Terms and Conditions before using, or submitting content in any form or medium for publication on, Estella. By continuing to use us, or by submitting content for publication on Estella, you agree to abide, and that you are bound, by these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance our site shall be subject to these Terms and Conditions. The most current version of these Terms and Conditions can be viewed at any time at: estella-nyc.com.
Content TERMS AND CONDITIONS
The material appearing on this website https://estella-nyc.com/ (this “Site”), is provided as information about Baby Jean’s LLC d/b/a Estella and as its online operational platform. The Site includes all text, photographs, graphics, video and audio content. The owner of this Site, Baby Jean’s LLC d/b/a Estella and its directors, agents, employees and affiliates (known as Estella, Estella NYC, Estella New York, collectively “Estella”) assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Site.
Any information on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendations provided on this Site is at your own risk.
These Terms apply to all your activities on the Estella website, the Estella mobile applications, and other related services (“Services”).
If you live in the United States, Canada, United Kingdom, Australia or residents of the European Union, by agreeing to these Terms, you agree to resolve disputes with Estella through binding arbitration and you waive certain rights to participate in class actions.
Permission. You grant Estella an irrevocable, nonexclusive, royalty-free license (right to sublicense) with worldwide permission to download, host, display, adapt, reproduce, copy, modify, distribute, perform, publish, post, market, and use photos, videos, articles, graphics from your submission in any media formats and through any media channels for free, including for commercial purposes and marketing
- purposes, without permission from or attributing the photographer, writer, designer or models for perpetuity. You understand that we will not pay you for any use of your photos, videos, articles, graphics or any content submitted.
- Account. You need an account for most activities on the platform. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the login credential information for that account. In the event of the death of a user, the account of that user will be closed. Estella will not intervene in disputes between users who have shared account login credentials. You must notify us immediately if you suspect that someone may be using your account without your permission. Users must be at least 18 years of age to create an account on Estella and use the Services. If you are younger than 18, you may not set up an account. If we discover that you have created an account and you are younger than 18 years of age, we will terminate your account.
- Content and Behavior Rules. You agree to only use Estella for lawful purposes. You are responsible for all content that you submit on our platform. Please keep images, videos, articles, graphics and other content you upload in line with the law and respect the intellectual property rights of others. We reserve the right to ban your account for repeated or major offenses.
- Trademark & Copyright. Logos for Estella are trademarks of Estella and its affiliates (the “Marks”). You must obtain written permission from Estella to use the Marks. All materials created by Estella on the Site are protected by United States copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Estella. The contents of this Site are all copyrighted by Estella, unless otherwise noted. You must obtain written permission from Estella to use the contents of the Site in any manner not authorized by these Terms.
- Use of Site. Estella reserves the right to modify or discontinue, temporarily or permanently, the Site with or without notice. Estella also reserves the right to terminate access to the Site for any reason.
- Entire Agreement. These terms and conditions and any other legal notices, policies and guidelines of Estella linked to these Terms or contained on this Site constitutes the entire agreement between you and Estella relating to your use of this Site and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. These Terms may not be amended or modified except by Estella. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms shall continue in full force and effect.
- Failure by Estella to enforce or exercise any provision of these Terms shall not constitute a waiver of that right. Paragraph headings are for reference only.
- Limitation of Liability. In no event shall Estella or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to view or use the materials or content on the Site, even if Estella has been notified orally or in writing of the possibility of such damage.
- Governing Law. Any claim relating to Estella website shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent or employee of a non-U.S. company whose operations are based in the United States or its territories, you agree that any dispute arising from these Terms will be adjudicated in the proper venue within the United States.
- Indemnity. As a condition of your use of this Site, you indemnify and hold harmless Estella and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.
- Contact Us. The best way to get in touch with us is to contact us on our site.
CONTENT CREATOR TERMS
These Terms were last updated on September 19, 2022.