Terms of Service

This page explains the terms by which you may use the Hue & Stripe website and software provided on or in connection with the service (collectively the "Service"). By accessing or using the Service, you agree to be bound by this Terms of Service Agreement ("Agreement"), whether or not you are a registered user of our Service. This Agreement applies to all image professionals (users), clients, web visitors and others who access the Service. This Agreement hereby incorporates the terms of the Hue & Stripe Privacy Policy including all future amendments or modifications thereto.

Please review this agreement carefully.

1. Use of the Platform

Eligibility

By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement. You must be 13 years old or older to use or access the Service, unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian or another authorized adult who agrees to be bound by this Agreement. Any use or access to the Service by anyone under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any users previously removed from the Service by Hue & Stripe.

2. Hue & Stripe Account

Image Professional Accounts

In order to access some areas of Hue & Stripe's Platform, image professionals must create an account. No user may use another's account without permission. Image professionals's registration information must be true, accurate, current, and complete. Image professionals must update any changes to registration information on the 'My Account' page. Users may not use others' passwords. The image professional is responsible for maintaining the confidentiality of their account and passwords. Image professionals agree to immediately notify Hue & Stripe of any unauthorized use of passwords or accounts or any other breach of security. Image professionals also acknowledge that failure to sign out from an account at the end of each session may result in unauthorized use of the account. Hue & Stripe will not be responsible for any loss or damage that may result if users fail to comply with these requirements.

3. Paid Services & Earnings Payouts

Pricing of Paid Memberships & Services

Certain aspects of the Service may be provided for a recurring membership fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms listed on the Service which we may update from time to time. Hue & Stripe may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

Recurring membership charges will be charged automatically at the start of the next membership period (e.g. every three months for a quarterly membership subscription). Image professionals with a paid membership can review their past and upcoming membership charges on the 'My Account' page.

Commission Earnings & Payouts

Image professionals with a paid membership may be eligible to earn sales commissions during their use of the Platform, at Hue & Stripe's sole discretion. Hue & Stripe will apply any earned commissions to the next membership charge. Once locked commission earnings equal the upcoming membership charge, additional commissions earned (in excess of the upcoming membership charge) can be paid by direct deposit or PayPal transfer once the commission balance meets a $25.00 USD minimum payout threshold. Payouts will occur within 10 business days of Hue & Stripe receiving payment from the merchant. We rely on third party tools to track commissionable sales and earnings and at times missing data or tracking discrepancies may arise via these parties.

Users accept responsibility for paying any and all applicable tax related to earnings from Hue & Stripe.

Commission Tracking Reliability

Though Hue & Stripe makes great efforts to accurately record sales and pay commission earnings, image professionals recognize that they shall have no right or claim to any amount of sales commission on any transaction. The Platform can not be held responsible for any failure on the part of our partners to accurately track sales. Affiliate commission tracking can fail for multiple reasons and legitimate sales can go unrecorded and uncompensated. Additionally, the Platform may at any time in its sole discretion revoke an image professional's ability to earn commission on the Platform.

Refund Policy

Hue & Stripe does not offer refunds for memberships subscriptions. However, if the current membership period is less than two weeks elapsed or if the current subscription period includes any months which have not yet begun then Hue & Stripe can record the number of days remaining and issue a credit for those days when an image professional resumes their membership subscription in the future. This courtesy is provided at Hue & Stripe's sole discretion. Any "locked" commissions (including those being applied to the next payment) will be paid out at the time of account pause.

Pause or Terminate a Membership

To pause or cancel a membership subscription, users must send an email communication to support@HueAndStripe.com with their request. If a user terminates their service before a trial period is expired, their account will be closed at no charge. If a user terminates their services after a trial period expires, any credits offered will be issued according to the policy expounded above in the section entitled Refund Policy.

Any uploaded content owned by an image professional (including client Wardrobes) will be retained on the Platform and accessible to clients or web visitors (as previously configured by the image professional) for a period of time, to enable resuming their membership without workflow interruption or loss of data.

However, Hue & Stripe makes no guarantee that account data (including invoices, Client Wardrobes and all containing content, or photo uploads) will be retained beyond 6 months from the date of membership pause.

4. Free Trials

Hue & Stripe offers free trials for certain paid membership levels to allow you to try our Service. Hue & Stripe reserves the right to set eligibility requirements for free trials. At the end of your free trial period, we will charge the relevant membership fee for the next subscription cycle to your nominated payment method, unless you cancel your subscription prior.

5. Use of Emails

Email addresses collected by Hue & Stripe will never be used for purposes outside of the Hue & Stripe application. Such purposes include notifying clients or consultants of messages or updates to their closets. We will never sell nor distribute any list of clients using Hue & Stripe, nor their contact information. We take data privacy very seriously.

6. Service Rules

You agree not to engage in any of the following prohibited activities:

1. Using the Service for any commercial solicitation purposes
2. Collecting or harvesting any personally identifiable information, including account or client names, from the Service without consent from the user and Platform
3. Using the Service to support, incite or promote discrimination, hostility or violence
4. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity
5. Using any automated system, including without limitation "robots," "spiders," "offline readers," etc. to access the Service in a manner that sends more request messages to the Hue & Stripe servers than a human can reasonably produce in the same period of time by using a conventional online web browser
6. Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"
7. Transmitting spam or other unsolicited email
8. Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service
9. Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
10. Uploading invalid data, viruses, worms, or other software agents through the Service
11. Interfering with the proper working of the Service
12. Accessing any content on the Service through any technology or means other than those provided or authorized by the Service
13. Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein
14. Copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Hue & Stripe
15. Uploading any content that is sexual or pornographic in nature (or links to such material)

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from Hue & Stripe prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Hue & Stripe may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of Hue & Stripe in each instance.

You are solely responsible for your interactions with other Platform users, including image professionals, clients, and web visitors. We reserve the right, but have no obligation, to monitor disputes between you and other users. Hue & Stripe shall have no liability for your interactions with other users, or for any user's action or inaction.

Anti-Discrimination

Hue & Stripe does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence.

If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.

7. User Uploaded Content

Some features of the Service allow image professionals or clients to submit and publish content, such as apparel photos, product photos, Catalogs, descriptions, and comments.

Image professionals retain ownership of content submitted by themselves or their clients.

Uploaders agree not to submit or use content that:

1. May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person
2. May create a risk of any other loss or damage to any person or property
3. Seeks to harm or exploit children by sharing content featuring them or exposing them to inappropriate content
4. May constitute or contribute to a crime or tort
5. Contains any information or content that we deem to be unlawful, harmful, pornographic or sexual, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable
6. Contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin
7. Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets)
8. Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships
9. Contains any information or content that you know is not correct and current or is misleading

You agree that any content you upload does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy or publicity. Hue & Stripe reserves the right, but is not obligated, to reject and/or remove any uploaded content that Hue & Stripe believes, in its sole discretion, violates these provisions. You understand that publishing your content on or via the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.

Intellectual Property Rights

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your uploaded content, you affirm, represent and warrant the following:

1. Your uploaded content and Hue & Stripe's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
2. Hue & Stripe may exercise the rights to your uploaded content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
3. There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your uploaded content or which might in any way impair the rights granted by you hereunder.
4. If your uploaded content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such uploaded content to Hue & Stripe, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the uploaded content created by you, and to license such uploaded content to Hue & Stripe for the purposes set forth herein.
5. Your uploaded content is neither obscene, sexual or pornographic, defamatory, or otherwise objectionable.
6. To the best of your knowledge, all your uploaded content and other information that you provide to us is truthful, not misleading and accurate.
7. You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with Hue & Stripe.
8. If you use the Service to post, publish or print uploaded content, you agree that you have verified that the uploaded content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third-party's Intellectual Property Rights, or otherwise breaches these terms.
9. Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Hue & Stripe shall send you written notice of such claim, using the email address provided by you to Hue & Stripe, specifying the details of the claim as then known to Hue & Stripe. Pending the determination of such claim, Hue & Stripe may withhold from commission earnings and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Hue & Stripe.

Hue & Stripe takes no responsibility and assumes no liability for any uploaded content that you or any other user publishes using the Service. You shall be solely responsible for your uploaded content and the consequences of posting and publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your uploaded content. You understand and agree that you may be exposed to uploaded content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Hue & Stripe shall not be liable for any damages you allege to incur as a result of uploaded content. In the event that your uploaded content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that Hue & Stripe may disclose such uploaded content to law enforcement or other government authorities.

8. Content Linked to by Hue & Stripe

The Website contains links to third party websites that are not owned or controlled by Hue & Stripe. Hue & Stripe has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. We assume no responsibility for the content of any site linked to by Hue & Stripe. By using the Website, you expressly relieve Hue & Stripe from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Hue & Stripe Website and to read the terms and conditions and privacy policy of each other website that you visit.

9. Services As Is

We strive to provide exceptional services and tools. There are, however, always factors beyond our control. To the fullest extent permitted by law, Hue & Stripe makes no warranties, either express or implied, about the services. The services are provided "as is."

10. Feedback

Feedback and ideas are always welcome in Hue & Stripe's endeavor to provide an exceptional Platform and Service.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Hue & Stripe under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Hue & Stripe does not waive any rights to use similar or related ideas previously known to Hue & Stripe, or developed by its employees, or obtained from sources other than you.

11. Privacy

We care about the privacy of our Platform users. Our Privacy Policy sets out how we collect, use, disclose and store your personal information and how it is processed. It also contains details of how to exercise your privacy rights (such as access and correction) and how to make complaints or data deletion requests.

12. Security

Hue & Stripe cares about the integrity and security of your personal information and follows industry best practices to secure your data (including salted password hashing, SSL, and industry-standard hardening and security practices for data storage). However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

13. DMCA Notice

Nearly all user uploaded content on the Hue & Stripe Platform consists of privately-taken photos or publicly marketed product photos. Nevertheless, Hue & Stripe respects content owner rights, and it is Hue & Stripe's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Hue & Stripe. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Hue & Stripe to contact you, such as your address, telephone number, and, e-mail address;
5. A statement 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 law
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to: team@HueAndStripe.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying Hue & Stripe and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Hue & Stripe's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

14. Indemnity

You agree to defend, indemnify and hold harmless Hue & Stripe and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

1. Your use of and access to the Service, including any data or content transmitted or received by you
2. Your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above
3. Your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights
4. Your violation of any applicable law, rule, or regulation
5. Any claim or damages that arise as a result of any of your uploaded content or any content that is submitted via your account
6. Any other party's access and use of the Service with your unique username, password, or other appropriate security code.

15. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Hue & Stripe, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of uploaded content. Under no circumstances will Hue & Stripe be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

16. Disputes & Arbitration

For any dispute with Hue & Stripe, you agree to first contact us at support@HueAndStripe.com and attempt to resolve the dispute with us informally.

In the unlikely event that Hue & Stripe has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Hue & Stripe claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Denver County, Colorado, unless you and Hue & Stripe agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into this agreement, you and Hue & Stripe are each waiving the right to a trial by jury or to participate in a class action.

17. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Hue & Stripe's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

18. Regarding Terms of Use

Periodically, we may make modifications to the Terms of Use which we will post on the site along with the most recent revision date. We may send you an update at those times with the summary of the changes, but it is your responsibility to view these Terms periodically. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and to cancel any Accounts you have created using the Service. If you violate the Terms, Hue & Stripe reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that Hue & Stripe need not provide you notice before terminating or suspending your Account(s), but it may provide such notice at its sole discretion.