Effective: October 15, 2007
MyCloset.com is a social networking service that allows individual members (“Members”) to create unique personal profiles online in order to find and communicate with other Members. MyCloset.com also provides store space on MyCloset.com to store members (“Store Members”). The term “Members” shall refer to both individual Members as well as Store Members except where specifically stated. The services offered by MyCloset.com ("MyCloset.com" or "we") include the MyCloset.com website (the "MyCloset.com Website"), the MyCloset.com Internet messaging service, and any other features, content, or applications offered from time to time by MyCloset.com in connection with the MyCloset.com Website (collectively, the "MyCloset.com Services"). The MyCloset.com Services are hosted in the United States.
MyCloset.com may modify this Agreement from time to time and such modification shall be effective upon posting by MyCloset.com on the MyCloset.com Website. You agree to be bound to any changes to this Agreement when you use the MyCloset.com 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. You can review the most current version of this Agreement at http://www.mycloset.com/terms/.
Please choose carefully the information you post on MyCloset.com and that you provide to other Users. Your MyCloset.com profile may not include the following items: telephone numbers, street addresses, 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 MyCloset.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MyCloset.com assumes no responsibility or liability for this material. If you become aware of misuse of the MyCloset.com Services by any person, please contact MyCloset.com, which can be reached by emailing info@MyCloset.com.
Your MyCloset.com profile may include telephone numbers, street addresses, contact information, store hours and other information related to the business.
MyCloset.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 MyCloset.com Services at any time, for any or no reason, with or without prior notice, and without liability. MyCloset.com expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of MyCloset.com Services if MyCloset.com determines, in its sole discretion, that you pose a threat to MyCloset.com and/or its Users.
- Eligibility. Use of and Membership in the MyCloset.com Services is void where prohibited. By using the MyCloset.com 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) if an individual Member, you are 14 years of age or older; and (d) your use of the MyCloset.com 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. For individual Users 14 year old or over, you are also affirming that you are either (i) 18 years old or more; (ii) an emancipated minor; or (iii) possess legal parental or guardian consent, and that you are fully able and competent to enter into this Agreement and comply with the terms of this Agreement.
- Term. This Agreement shall remain in full force and effect while you use the MyCloset.com 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. MyCloset.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
- Fees. You acknowledge that MyCloset.com reserves the right to charge for the MyCloset.com Services and to change its fees from time to time in its discretion. If MyCloset.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
- 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 MyCloset.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.
- Non-commercial Use by Members. The MyCloset.com Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MyCloset.com, including, without limitation, any Store Members. Illegal and/or unauthorized use of the MyCloset.com 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 MyCloset.com Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the MyCloset.com Services.
- Proprietary Rights in Content on MyCloset.com.
- MyCloset.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 MyCloset.com Services. After posting your Content to the MyCloset.com 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 MyCloset.com Services, you hereby grant to MyCloset.com a limited nonexclusive, worldwide, royalty-free, sublicensable (through multiple tiers) and transferable license to use, modify, publicly perform, publicly display, reproduce, edit, aggregate, translate, reformat, prepare derivative works based upon, distribute and otherwise exploit such Content, in whole or in part, solely on and through the MyCloset.com Services or its approved partners.
Without this license, MyCloset.com would be unable to provide the MyCloset.com Services. For example, without the right to modify Member Content, MyCloset.com would not be able to digitally compress photographs that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, MyCloset.com could not allow Users to view photographs posted by Members. The license you grant to MyCloset.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to MyCloset.com), fully-paid and royalty-free (meaning that MyCloset.com is not required to pay you for the use on the MyCloset.com Services of the Content that you post), sublicensable (so that MyCloset.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the MyCloset.com Services), and worldwide (because the Internet and the MyCloset.com Services are global in reach). This license will terminate at the time you remove your Content from the MyCloset.com Services.
You represent and warrant that: (i) you own the Content posted by you on or through the MyCloset.com 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 MyCloset.com 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 MyCloset.com Services.
- The MyCloset.com Services contain Content of MyCloset.com ("MyCloset.com Content"). MyCloset.com Content is protected by copyright, trademark, patent, trade secret and other laws, and MyCloset.com owns and retains all rights in the MyCloset.com Content and the MyCloset.com Services. MyCloset.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MyCloset.com Content (excluding any software code) solely for your personal use in connection with viewing the MyCloset.com Website and using the MyCloset.com Services.
- The MyCloset.com Services contain Content of Users and other MyCloset.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 MyCloset.com Services.
- Content Posted.
- MyCloset.com may delete any Content that in the sole judgment of MyCloset.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MyCloset.com assumes no responsibility for monitoring the MyCloset.com Services for inappropriate Content or conduct. If at any time MyCloset.com chooses, in its sole discretion, to monitor the MyCloset.com Services, MyCloset.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.
- You are solely responsible for the Content that you post on or through any of the MyCloset.com Services, and any material or information that you transmit to other Members and for your interactions with other Users. MyCloset.com does not endorse and has no control over the Content. Content is not necessarily reviewed by MyCloset.com prior to posting and does not necessarily reflect the opinions or policies of MyCloset.com. MyCloset.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.
- 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 MyCloset.com Services. MyCloset.com reserves the right to investigate and take appropriate legal action against anyone who, in MyCloset.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the MyCloset.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MyCloset.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- 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;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- 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;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the MyCloset.com Website and through your use of the MyCloset.com Services. MyCloset.com reserves the right to investigate and take appropriate legal action against anyone who, in MyCloset.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- 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;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the MyCloset.com Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the MyCloset.com Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MyCloset.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MyCloset.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the MyCloset.com Services, you acknowledge that you will have caused substantial harm to MyCloset.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MyCloset.com $50 for each such unsolicited email or other unsolicited communication you send through the MyCloset.com Services;
- covering or obscuring the banner advertisements on your personal profile page, or any MyCloset.com page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the MyCloset.com Services or the networks or services connected to the MyCloset.com Services;
- attempting to impersonate another Member, entity or person, or falsely stating or otherwise misrepresenting your affiliation with a Member, entity or person;
- 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;
- selling or otherwise transferring your profile;
- using any information obtained from the MyCloset.com Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MyCloset.com Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose;
- using MyCloset.com Services to harm minors in any way;
- using any robot, spider or other program or device to retrieve or index any portion of the MyCloset.com Website, harvest or otherwise collect information about other users for any purpose other than use of the MyCloset.com Services as expressly permitted herein; or
- using the MyCloset.com Services in a manner inconsistent with any and all applicable laws and regulations.
- 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 MyCloset.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to MyCloset.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the MyCloset.com Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the MyCloset.com Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You may email info@MyCloset.com.
- Other Members. You are solely responsible for your interactions with other MyCloset.com Members. MyCloset.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Disclaimers. MyCloset.com is not responsible for any incorrect or inaccurate Content posted on the MyCloset.com Website or in connection with the MyCloset.com Services, whether caused by Users of the MyCloset.com Services or by any of the equipment or programming associated with or utilized in the MyCloset.com Services. Profiles created and posted by Members on the MyCloset.com Website may contain links to other websites. MyCloset.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 MyCloset.com. Inclusion of any linked website on the MyCloset.com Services does not imply approval or endorsement of the linked website by MyCloset.com. When you access these third-party sites, you do so at your own risk. MyCloset.com takes no responsibility for third party advertisements which are posted on this MyCloset.com Website or through the MyCloset.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. MyCloset.com is not responsible for the conduct, whether online or offline, of any User of the MyCloset.com Services. MyCloset.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. MyCloset.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 MyCloset.com 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 MyCloset.com Services. Under no circumstances shall MyCloset.com be responsible for any loss or damage, including personal injury or death, resulting from use of the MyCloset.com Services, attendance at a MyCloset.com event, from any Content posted on or through the MyCloset.com Services, or from the conduct of any Users of the MyCloset.com Services, whether online or offline. The MyCloset.com Services are provided "AS-IS" and as available and MyCloset.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MyCloset.com cannot guarantee and does not promise any specific results from use of the MyCloset.com Services. MyCloset.com does not warrant that the MyCloset.com Website or MyCloset.com Services will be available or operate in an uninterrupted, error-free or completely secure manner or that errors or defects will be corrected.
- Limitation on Liability. IN NO EVENT SHALL MYCLOSET.COM OR ANY OF ITS VENDORS, AGENTS, AFFILIATES OR LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR RELATED TO YOUR USE OR ATTEMPTED USE OF THE MYCLOSET.COM SERVICES, EVEN IF MYCLOSET.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYCLOSET.COM'S TOTAL LIABILITY TO YOU IN THE AGGREGATE 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 MYCLOSET.COM FOR THE MYCLOSET.COM SERVICES DURING THE TERM OF MEMBERSHIP.
- United States Export Controls. Software available in connection with the MyCloset.com Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the MyCloset.com Services or otherwise exported or re-exported in violation of United States export laws. Downloading or using the Software is at your sole risk. If you use this MyCloset.com Website or any MyCloset.com Services from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to such Website and Services.
- Disputes. If there is any dispute about or involving the MyCloset.com Services, you agree that the dispute shall be governed by the laws of the State of Washington, 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 Washington, City of Seattle. Either MyCloset.com or you may demand that any dispute between MyCloset.com and you about or involving the MyCloset.com Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Seattle, Washington, USA, provided that the foregoing shall not prevent MyCloset.com from seeking injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold MyCloset.com, its subsidiaries, and affiliates, and their respective officers, agents, partners shareholders 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 or related to your use of the MyCloset.com Services in violation of this Agreement and/or arising from or related to 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 MyCloset.com Website or through the MyCloset.com Services causes MyCloset.com to be liable to another.
- Notices. MyCloset.com posts legal notices and various credits on pages of the MyCloset.com Website, which may not be removed even on your permitted copying of such content. You shall not remove these notices or credits, or any additional information contained along with the notices and credits. MyCloset.com Website may contain references to trademarks, copyrighted Content, technologies, products, processes and software and other proprietary rights of MyCloset.com or other parties. No license to or right in any such trademarks, copyrighted Content, technologies, products, processes, software or other proprietary rights of MyCloset.com is granted to or conferred upon you.
- DMCA Notice. If you are a copyright owner or an agent thereof and believe any Content or other posted information infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of 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 permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Designated Copyright Agent to receive notifications of claimed infringement is : Francis J. Feeney, Jr., Esq.; telephone number 617.406.6063; email: email@example.com. Please send only DMCA notices to our Designated Agent. You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice may not be valid.
- Security. You shall not violate or attempt to violate the security of the MyCloset.com Website. Violations of system or network security may result in civil or criminal liability. MyCloset.com reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with government authorities in investigating such occurrences and prosecuting users who have participated in such violations.
- Communications. With respect to all communications you make to MyCloset.com, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and MyCloset.com shall have no obligation to protect your communications from disclosure; (ii) MyCloset.com shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) MyCloset.com shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
- Other. This Agreement is accepted upon your use of the MyCloset.com Website or any of the MyCloset.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and MyCloset.com regarding the use of the MyCloset.com Services. The failure of MyCloset.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. MyCloset.com is a trademark of MyCloset.com, 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 at: info@MyCloset.com regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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