Toutie.com is a merchant sales and social networking service that allows Members to create unique personal profiles online in order to showcase personal styles and communicate and collaborate with friends. The services offered by Toutie.com ("Toutie.com" or "we") include the Toutie.com website (the "Toutie Website"), the Toutie.com blog, and any other features, content, or applications offered from time to time by Toutie.com in connection with the Toutie Website (collectively, the "Toutie Services"). The Toutie Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Toutie Services. By using the Toutie Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Toutie Website) or you are a "Member" (which means that you have registered with Toutie.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Toutie Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Toutie Website and discontinue use of the Toutie Services immediately. If you wish to become a Member, communicate with other Members and make use of the Toutie Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Toutie.com's policy for acceptable use of the Toutie Services and Content posted on the Toutie Website, your rights, obligations and restrictions regarding your use of the Toutie Services and Toutie.com's Privacy Policy. In order to participate in certain Toutie Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Toutie Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Toutie.com may modify this Agreement from time to time and such modification shall be effective upon posting by Toutie.com on the Toutie Website. You agree to be bound to any changes to this Agreement when you use the Toutie Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Toutie.com and that you provide to other Users. Your Toutie.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Toutie.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Toutie.com assumes no responsibility or liability for this material. If you become aware of misuse of the Toutie Services by any person, please contact Toutie.com or click on the "Report Inappropriate Content" link at the bottom of any Toutie.com page.

Toutie.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Toutie Services at any time, for any or no reason, with or without prior notice, and without liability. Toutie expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Toutie Services if Toutie determines, in its sole discretion, that you pose a threat to Toutie and/or its Users.

1. Eligibility. Use of and Membership in the Toutie Services is void where prohibited. By using the Toutie Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Toutie Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the Toutie Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Toutie.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 4-16.
3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Toutie.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Commercial Use by Members. The Toutie Services are for the personal and business use of Members only. Illegal and/or unauthorized use of the Toutie Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Toutie Website is prohibited.  Commercial advertisements unrelated to a Member's business or store may be removed from the Member profile without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Toutie Services.
5. Proprietary Rights in Content on Toutie.com.
1. Toutie.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Toutie Services. After posting your Content to the Toutie Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Toutie Services, you hereby grant to Toutie.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Toutie Services. The license you grant to Toutie.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Toutie.com), fully-paid and royalty-free (meaning that Toutie.com is not required to pay you for the use on the Toutie Services of the Content that you post), sublicensable (so that Toutie.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Toutie Services), and worldwide (because the Internet and the Toutie Services are global in reach). This license will terminate at the time you remove your Content from the Toutie Services. The license does not grant Toutie.com the right to sell your Content, nor does the license grant Toutie.com the right to distribute your Content outside of the Toutie Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the Toutie Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Toutie Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Toutie Services.
3. The Toutie Services contain Content of Toutie.com ("Toutie.com Content"). Toutie.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Toutie.com owns and retains all rights in the Toutie.com Content and the Toutie Services. Toutie.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Toutie.com Content (excluding any software code) solely for your personal use in connection with viewing the Toutie Website and using the Toutie Services.
4. The Toutie Services contain Content of Users and other Toutie.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Toutie Services.
6. Content Posted.
1. Toutie.com may delete any Content that in the sole judgment of Toutie.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Toutie.com assumes no responsibility for monitoring the Toutie Services for inappropriate Content or conduct. If at any time Toutie.com chooses, in its sole discretion, to monitor the Toutie Services, Toutie.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the Toutie Services, and any material or information that you transmit to other Members and for your interactions with other Users. Toutie.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Toutie.com prior to posting and does not necessarily reflect the opinions or policies of Toutie.com. Toutie.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
7. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Toutie Services. Toutie.com reserves the right to investigate and take appropriate legal action against anyone who, in Toutie.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Toutie Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Toutie.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. includes a photograph of another person that you have posted without that person's consent;
14. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
15. transmitting any chain letters or junk email to other Members;
16. covering or obscuring the banner advertisements on your personal profile page, or any Toutie.com page via HTML/CSS or any other means;
17. any automated use of the system;
18. interfering with, disrupting, or creating an undue burden on the Toutie Services or the networks or services connected to the Toutie Services;
19. attempting to impersonate another Member or person;
20. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
21. selling or otherwise transferring your profile;
22. using any information obtained from the Toutie Services in order to harass, abuse, or harm another person;
23. displaying a third-party advertisement on your profile unrelated to the particular Member's business or store; or
24. using the Toutie Services in a manner inconsistent with any and all applicable laws and regulations.
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Toutie.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Toutie.com by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on the Toutie Services in a way that constitutes copyright infringement, please contact Toutie.com.
9. Member Disputes. You are solely responsible for your interactions with other Toutie.com Members. Toutie.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. Privacy. Use of the Toutie Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.  Toutie does not sell or share your Member information with outside companies.
    
11. Disclaimers. Toutie.com is not responsible for any incorrect or inaccurate Content posted on the Toutie Website or in connection with the Toutie Services, whether caused by Users of the Toutie Services or by any of the equipment or programming associated with or utilized in the Toutie Services. Profiles created and posted by Members on the Toutie Website may contain links to other websites. Toutie.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Toutie.com. Inclusion of any linked website on the Toutie Services does not imply approval or endorsement of the linked website by Toutie.com. When you access these third-party sites, you do so at your own risk. Toutie.com takes no responsibility for third party advertisements which are posted on this Toutie Website or through the Toutie Services, nor does it take any responsibility for the goods or services provided by its advertisers. Toutie.com is not responsible for the conduct, whether online or offline, of any User of the Toutie Services. Toutie.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Toutie.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Toutie Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Toutie Services. Under no circumstances shall Toutie.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Toutie Services, from any Content posted on or through the Toutie Services, or from the conduct of any Users of the Toutie Services, whether online or offline. The Toutie Services are provided "AS-IS" and as available and Toutie.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Toutie.com cannot guarantee and does not promise any specific results from use of the Toutie Services.
12. Limitation on Liability. IN NO EVENT SHALL TOUTIE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TOUTIE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOUTIE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TOUTIE.COM FOR THE TOUTIE SERVICES DURING THE TERM OF MEMBERSHIP.
13. U.S. Export Controls. Software available in connection with the Toutie Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Toutie Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
14. Disputes. If there is any dispute about or involving the Toutie Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either Toutie.com or you may demand that any dispute between Toutie.com and you about or involving the Toutie Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent Toutie.com from seeking injunctive relief in a court of competent jurisdiction.
15. Indemnity. You agree to indemnify and hold Toutie.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Toutie Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Toutie Website or through the Toutie Services causes Toutie.com to be liable to another.
16. Other. This Agreement is accepted upon your use of the Toutie Website or any of the Toutie Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Toutie.com regarding the use of the Toutie Services. The failure of Toutie.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Toutie.com is a trademark of Toutie, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.