Eﬀective: May 1, 2023
This Statement of Rights and Services is Tylmen, Inc.’s (“Company”, “Tylmen”, “us”, “our”, and “we”) Terms of Service or Use that govern our relationship with its users and others who interact with Tylmen, as well as Tylmen’s brands, products, and services (“Services”), you agree to these Terms, as updated from time to time.
By using the Services, you agree to the Terms (on behalf of yourself, the entity that you represent, or the entity you are an authorized agent for) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you don’t agree with them, then don’t use the Services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND TYLMEN AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND TYLMEN WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Who Can Use the Services
1.1 User Restrictions. No one under 13 is allowed to create an account or use the Services. We may oﬀer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.
By using the Services, you state that:
a) You can form a binding contract with Tylmen.
b) You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
c) You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
2. Rights We Grant You
2.1 License. Tylmen grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, non-sublicensable, and revocable license to access and use the Services in line with these Terms and other usage policies or community rules posted from time-to-time.
2.2 Software Modification. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
2.3 Certain Restrictions. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
3. Rights You Grant Us
3.1 User Content Rights. Many of our Services let you create, upload, post, send, receive, and store content. You also shop, have stored sizing information, and interact with external brands and products through Tylmen. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.
3.2 License. For all Services you grant (and you represent and warrant that you have the right to grant) Tylmen and our aﬃliates an irrevocable, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
3.3 User Feedback License. We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
3.4 Acceptable Use. While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
4. The Content of Others
4.1 User Content. Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Tylmen reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So, we cannot—and do not—take responsibility for any content that others provide through the Services.
Through these Terms and the community guidelines that we post from time-to-time, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.
5. Respecting Other People’s Rights
5.1 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy:
a) Tylmen respects the rights of others. And so should you. You therefore may not use the Services in a manner that:
i. violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
ii. bullies, harasses, or intimidates.
iv. spams or solicits our users.
v. is malicious, unlawful, or discriminatory
vi. is considered hate speech, threatening, pornographic, incites violence, or contains nudity.
b) You must also respect Tylmen’s rights. These Terms do not grant you any right to:
i. use branding, logos, designs, photographs, videos, or any other materials used in our Services.
ii. copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
iii. use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
6. Respecting Copyright
6.1 Copyright. Tylmen honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Tylmen becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
6.2 Copyright Reporting. We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please contact us through our Designated Agent.
6.3 Copyright Reporting Requirements. If you ﬁle a notice with us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
a) contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
b) identify the copyrighted work claimed to have been infringed.
c) identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably suﬃcient to let us locate the material.
d) provide your contact information, including your address, telephone number, and email address.
e) provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f) provide a statement that the information in the notiﬁcation is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
6.4. Designated Agent.
Name: Designated Copyright Agent
Address: 525 71st St.
Miami, Fl 33141
Telephone: (305) 902-1999
7.1 User Safety Policy. We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
a) You will not use the Services for any purpose that is illegal or prohibited in these Terms.
b) You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
c) You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
d) You will not use the Services in a way that could interfere with, disrupt, negatively aﬀect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
e) You will not use or attempt to use another user’s account, username, or password without their permission.
f) You will not solicit login credentials from another user.
g) You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
h) You will not upload viruses or other malicious codes or otherwise compromise the security of the Services.
i) You will not attempt to circumvent any content-ﬁltering techniques we employ or attempt to access areas or features of the Services that you are not authorized to access.
j) You will not probe, scan, or test the vulnerability of our Services or any system or network.
k) You will not encourage or promote any activity that violates these Terms.
7.2 Vehicle Safety. We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traﬃc or safety laws. For example, never use our Services and drive
8. Your Account
8.1 Account Safety. You are responsible for any activity that occurs in your Tylmen account. So, it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account. By using the Services, you agree that, in addition to exercising common sense:
a) You will not create more than one account for yourself.
b) You will not create another account if we have already disabled your account unless you have our written permission to do so.
c) You will not buy, sell, rent, or lease access to your Tylmen account or Tylmen username, without our written permission.
d) You will not share your password.
e) You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
f) You will immediately notify us of any unauthorized use, or suspected unauthorized use of your account or any other breach of your account’s security.
9. Data Charges and Mobile Phones
9.1 Mobile Charges. You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
9.2 Change of Phone Number. If you change or deactivate the mobile phone number that you used to create a Tylmen account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.
10. Third-Party Services
10.1 Third-Party Services. If you use a service, feature, or functionality that is operated by a third-party and made available through our Services (including Services we jointly oﬀer with the third party), each party’s terms will govern the respective party’s relationship with you. Tylmen does not review and is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
11. Modifying the Services and Termination
11.1 Modification. We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
11.2 User Termination. While we hope you remain a lifelong user of Tylmen, you can terminate these Terms at any time and for any reason by deleting your account.
11.3 Company Termination. Tylmen may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. Any termination of your account may involve deletion of your User Content associated with your account. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
11.4 Effect of Termination. For Terminations under either Section 11.2 or 11.3, both you and Tylmen continue to be bound by Sections 3, 6, 9, 10, and 13-20 of these Terms.
12.1 Indemnification. You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Tylmen, our aﬃliates, directors, oﬃcers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; (c) your breach of these Terms; and your violation of any applicable laws or regulations. Tylmen reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13.1 Services Operations. We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
13.2 As Is. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIETY ENJOYMENT, ACCURACY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE TYLMEN ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
TYLMEN TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH TYLMEN WILL BE RESPONSIBLE FOR.
14. Limitation of Liability
14.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TYLMEN AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF TYLMEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TYLMEN’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID TYLMEN, IF ANY, IN THE LAST 12 MONTHS.
15. Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND TYLMEN TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
15.1 Applicability of Arbitration Agreement. You and Tylmen agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Tylmen are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the eﬀective date of these Terms.
15.2 Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conﬂict with these Terms. The arbitration will be conducted by a single neutral arbitrator.
Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding
non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
15.3 Additional Rules for Non-appearance Arbitration. If
non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the speciﬁc manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
15.4 Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Tylmen. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential ﬁndings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is ﬁnal and binding upon you and Tylmen.
15.5 Waiver of Jury Trial. YOU AND TYLMEN WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Tylmen are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more eﬃcient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Tylmen over whether to vacate or enforce an arbitration award, YOU AND TYLMEN WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
15.6 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If,
however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 16.
15.7 Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or aﬀect any other portion of this arbitration agreement.
15.8 Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Tylmen.
16. Exclusive Venue
16.1 Exclusive Venue. To the extent that these Terms allow you or Tylmen to initiate litigation in a court, both you and Tylmen agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Southern District of Florida. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Eleventh Judicial Circuit Court of Florida serving Miami-Dade County, Florida. You and Tylmen consent to the personal jurisdiction of both courts.
17. Choice of Law
17.1 Choice of Law. Except to the extent they are preempted by U.S. federal law, the laws of Florida, other than its conﬂict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
18.1 Severability. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not aﬀect the validity and enforceability of any remaining provisions.
19. Additional Terms for Speciﬁc Services
19.1 Additional Terms. Given the breadth of our Services, we sometimes need to craft additional terms and conditions for speciﬁc Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conﬂicts with these Terms, the additional terms and conditions will prevail.
20. Final Terms
20.1 Entire Agreement. These Terms (together with any additional terms applicable to speciﬁc Services you use) make up the entire agreement between you and Tylmen and supersede any prior agreements.
20.2 Third-Party Beneficiary. These Terms do not create or confer any third-party beneﬁciary rights.
20.3 Waiver. If we do not enforce a provision in these Terms, it will not be considered a waiver.
20.4 Reserved Rights. We reserve all rights not expressly granted to you.
20.5 Transfer of Rights. You may not transfer any of your rights or obligations under these Terms without our consent.
21. Contact Information
21.1 Contact Information. If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at:
Address: 525 71st St.
Miami, Fl 33141
Telephone: (305) 902-1999