dressCODE End User License Agreement and Terms of Service
Last updated: May, 2021
WELCOME TO DRESSCODE
This End User License Agreement and Terms of Services (the "EULA") is a binding contract between you, an individual user ("you") and dressCODE Inc. (“dressCODE”, “we”, “our”, or “us”) governing your use of dressCODE services available through the dressCODE website at thedresscodeapp.com (including any subdomains or versions, the “Website”) and the dressCODE mobile application(s) (the “Application(s)”) (collectively, the “Services”), as well as your access to and use of the Website and Application. BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THIS EULA, THEN YOU MAY NOT USE THE SERVICES.
To have a copy of this EULA sent to you, contact dressCODE at support@thedresscodeapp.com.
1. Summary of Material Terms
As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
a. you consent to the collection, use, and disclosure of your personal information in accordance with the Privacy Policy;
b. the Application, Website, and Services are provided "as is" without warranties of any kind and dressCODE's liability to you is limited; and
c. disputes arising hereunder will be resolved by binding arbitration.
2. General
The Services are a platform enabling people seeking wardrobe styling and personal shopping services ("Clients") to engage wardrobe stylists (“Stylists”) to provide those services (both Clients and Stylists are "Users").
Acceptance of Privacy Policy: Your use of the Services is subject to the Privacy Policy, which is hereby incorporated by reference into this EULA. By using the Services you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.
Third-Party Fees: You may incur third-party fees through use of the Services, such as fees charged by Vendors (defined below) for products or services. In addition, you may be subject to third-party terms, such as Vendors’ warranties and return policies. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Services, and you agree to pay all such fees and abide by all such terms.
Changes to this EULA: We may revise this EULA at any time by posting an updated version. You should visit this page periodically to review the most current EULA, because you are bound by it. Your continued use of the Services after a change to this EULA constitutes your binding acceptance of that version of this EULA.
Children: No part of the Services is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
3. Scope of License to Users
License Grant to You: The Website and Application are licensed, not sold, to you for use only under the terms of this EULA. Subject to your complete and ongoing compliance with the terms and conditions of this EULA, dressCODE hereby grants you a personal, limited, revocable, non-transferable license to access and use the Website and the Application, in both instances solely for your own use to access and receive the Services.
License Limitations: You may not use the Website or the Application to modify, alter, reproduce, or distribute the Website or Application. You may not rent, lease, lend, sell, redistribute or sublicense the Services, Website, or Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Website or Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Services, Website, or Application or any content available through the Services. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in this EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Services.
Applicability to Updates: The terms of this EULA will govern any updates provided to you by dressCODE that replace and/or supplement the Website or Application, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
4. Registration and Eligibility
Account Types and Registration: Anyone may browse the public-facing pages of the Website, Application, and Services, but to provide or receive customized styling services, you must register with dressCODE.
To become a dressCODE Stylist or Client, you must provide your phone number, email address, name, and a password used to access your dressCODE account. If you are Client, you may also provide pictures of yourself and additional information to help your Stylist assess your style. You will also be afforded the opportunity to have a phone call or online chat with your Stylist.
Account Security: Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your username and password, and any device that you use to access the Services. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify dressCODE by e-mail to support@thedresscodeapp.com. You will be solely responsible for the losses incurred by dressCODE and others due to any unauthorized use of your account.
5. Content You Submit; License Grants from You
Your Content: If you are a Stylist or Client, you may be able to create, post, or share content, such as messages, comments, or pictures of yourself and clothing space, on or through the Services ("Your Content") with dressCODE. Your Content may be made public, so do not upload any confidential content. dressCODE claims no ownership or control over Your Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Services. You are responsible for protecting those rights.
You, and not dressCODE, are responsible and liable for Your Content. Because we do not control Your Content or the content posted on or through the Services by other users (collectively with Your Content, “UGC”), we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing these Services, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein.
We may disclose and/or remove UGC: dressCODE has certain rights. We have the right (but do not assume the obligation) to:
a. monitor all UGC;
b. remove or block any UGC at any time without notice at our sole and absolute discretion;
c. disclose any UGC and the identity of the User who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of dressCODE or others, or to enforce these terms; and
d. terminate your access to and use of these Services, or to modify, edit or block your transmissions thereto, for any reason, and in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
Your Content cannot be unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy.
License Grants to dressCODE: By creating, posting, or sharing Your Content on or through the Services, you grant dressCODE a world-wide, non-exclusive, sub-licensable, royalty-free, fully paid, transferable, perpetual, irrevocable license to use, modify, remove, publish, transmit, or display Your Content in any and all media or form of communication now existing or hereinafter developed in order to operate dressCODE’s business, and to provide Services, including, without limitation, (a) facilitate a design or recommended product list for the Client and (b) advertise and promote the Services.
You Must Have Rights to the Content You Post: You represent and warrant that: (a) you own Your Content or otherwise have the right to grant the license set forth in this EULA, (b) the posting and use of Your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (c) the posting of Your Content on the Services does not result in a breach of contract between you and any third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Services. You also acknowledge and agree that Your Content is non-confidential and non-proprietary.
Users may message each other through the Services. You agree that your use of the Services will not include sending unsolicited marketing messages or broadcasts (i.e. spam). dressCODE will utilize any means possible to block spammers and abusers from using the Services If you believe spam originated from the Services, please email us immediately at support@thedresscodeapp.com.
6. Third Party Materials; dressCODE Content
You understand that by using the Services, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, "Third Party Materials"), and data, information, applications, materials, and other content from dressCODE (collectively, "dressCODE Content" and, together with Third Party Materials, but excluding Your Content, "Services Content"), that may be offensive, indecent, or objectionable. Nevertheless, you agree to use the Services at your sole risk and that dressCODE shall not have any liability to you for any Services Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable. You use the Services, and rely upon any Services Content accessible through the Services, at your sole risk.
In addition, third-party services and Services Content that may be accessed from, displayed on, or linked to your device are not available in all languages or in all countries. dressCODE makes no representation that the Services, any third party services, and Services Content are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
7. Fees; Payments
Fees: The fee to be charged to Clients for the Service(s) purchased (the "Fee") will be set forth during the ordering process for the Service(s) that you go through on the Application. The Fee is due and payable in advance of Client's styling or personal shopping process. A hold will be placed on your payment card or Apply Pay account, but will not be finalized until after the Service is complete.
Payments: The Services currently use third parties to process payments. Our third-party payment processors accept payments through various payment cards and Apple Pay, as detailed on the applicable payment screen. All monetary transactions on the Services take place in U.S. Dollars.
Taxes: The Fees are exclusive of tax. Clients are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Services, except for taxes on dressCODE's income on Services Fee. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
Refunds: dressCODE may offer any Client a partial or full refund at dressCODE's discretion. Please refer to dressCODE’s Cancellation Policy for more information.
Stylists: If you are a Stylist, you will receive payment for your provision of Services pursuant to the terms of the Stylist Addendum, which shall form part of this EULA between you and dressCODE.
8. Your Use of the Services and Services Content
Your right to use the Services is a privilege, not a right, and is expressly conditioned on the following:
a. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this EULA.
b. You shall not copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Services, Website, or Application, or content you encounter on through the Services without dressCODE's prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without dressCODE's express written consent:
i. altering, defacing, mutilating or otherwise bypassing any approved software through which the Services are made available; and
ii. using any trademarks, service marks, design marks, logos, photographs or other content belonging to dressCODE or obtained from the Services.
c. You shall not bypass, circumvent, damage or otherwise interfere with any security or other features of the Website or Application designed to control the manner in which the Services is used, harvest or mine Services Content from the Services, or otherwise access or use the Services in a manner inconsistent with individual human usage. You shall not copy or scrape any Services Content.
d. You shall not undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Website or Services, including any Services Content available on or through the Services, or attempt to do any of the foregoing, except and solely to the extent permitted by this EULA, the authorized features of the Services, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by dressCODE.
e. You shall not use, display, mirror, frame, or utilize framing techniques to enclose the Services, including any Services Content available on or through the Services, or any portion thereof, through any other application or website, unless and solely to the extent dressCODE makes available the means for embedding any part of the Services or Services Content.
f. You shall not access, tamper with, or use non-public areas of the Services, dressCODE's (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of dressCODE's providers.
g. You shall not harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including dressCODE's employees and other users.
h. You shall not provide any false personal information to dressCODE or any other user, or create a false identify or impersonate another person or entity in any way.
i. You shall not create a new account with dressCODE, without dressCODE's express written consent, if dressCODE has previously disabled an account of yours.
j. You shall not solicit, or attempt to solicit, personal information from other users.
k. You shall not restrict, discourage, or inhibit any person from using the Services, disclose personal information about a third person on the Services or obtained from the Services without the consent of such person, or collect information about users.
l. You shall not use the Services, without dressCODE's express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in this EULA.
m. You shall not gain or attempt to gain unauthorized access to the Services, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services.
n. You shall not post, transmit, or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services.
o. You shall not interfere with or disrupt the Services, or networks or servers connected to the Services, or violate the regulations, policies or procedures of such networks or servers.
p. You shall not violate any applicable federal, state, or local laws or regulations or this EULA.
q. You shall not assist or permit any persons in engaging in any of the activities describe above.
9. Consent to Use of Data
You agree that dressCODE may collect and use technical data and related information, including, but not limited to, unique device identifiers (UDIDs), contacts, usage data, location and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services, and to anonymously track and report your activity inside of the Services, including for analytics purposes. Please see the Privacy Policy for more information about how dressCODE collects and uses data.
10. Ownership
The Services, Services Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of dressCODE and its licensors. Except for the limited licenses expressly granted to you under this EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under this EULA, either expressly, or by implication, estoppel, or otherwise.
11. Feedback
We appreciate hearing from our users and welcome your comments regarding the Services. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials ("Creative Ideas"), we will:
a. own, exclusively, all now known or later discovered rights to the Creative Ideas;
b. not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
c. be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
12. Consequences of Violating These Terms
We reserve the right to suspend or terminate your account and prevent access to the Services for any reason, at our discretion. We reserve the right to refuse to provide the Services to you in the future. dressCODE may review and remove any of Your Content at any time for any reason, including activity which, in its sole judgment:
a. violates this EULA or the Privacy Policy;
b. violates applicable laws, rules, or regulations;
c. is abusive, disruptive, offensive, or illegal;
d. or violates the rights of, or harms or threatens the safety of, Users of the Services.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of this EULA and your use of the Services.
13. dressCODE's Liability
Changes to the Services. We may change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Services. This includes disputes between Clients and Stylists. You assume all risk associated with dealing with third parties and Stylists. You agree to resolve disputes directly with the other party. You release dressCODE of all claims, demands, and damages in disputes among users of the Services. You shall not involve us in such disputes. Use caution and common sense when using the Services. You understand that dressCODE does not currently conduct background checks, including criminal background checks, on its Users. dressCODE makes no representations or warranties as to the conduct of Users. IN NO EVENT WILL THE RELEASED PARTIES (AS DEFINED BELOW) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THESE SERVICES OR PERSONS YOU MEET THROUGH THESE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH OBTAINING SERVICES FROM ANY STYLIST OR PROVIDING ANY SERVICES TO ANY CLIENT, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM RESULTING ANY WAY OR ARISING OUT OF OR OBTAINED THROUGH THE SERVICE. ALL USERS, INCLUDING CLIENTS AND STYLISTS, HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTRUCTION, ADVICE, OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE, AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE.
Content Accuracy: We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Services, including designs. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Services at your own risk.
Third-Party Websites: The Services may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the Services.
14. Termination
The EULA is effective until terminated by you or dressCODE. Your rights under this EULA will terminate automatically without notice from dressCODE if you fail to comply with any term(s) of this EULA (including by violating any license restriction provided herein). You may terminate this EULA by uninstalling the Application or ceasing use of the Services. Upon any termination of this EULA, you must immediately cease all use of the Services. If you are a Stylist and you terminate your account before you have completely delivered Services to any Client, you may not be allowed to use the Services in the future.
15. Disclaimer of Warranties
"Released Parties" include dressCODE and its affiliates, officers, employees, agents, partners, and licensors. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DRESSCODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (e) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (f) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (i), IF YOU ARE A CLIENT, THE FEES YOU HAVE PAID TO DRESSCODE IN THE PAST 12 MONTHS, (ii) IF YOU ARE A STYLIST, THE FEES PAID BY DRESSCODE TO YOU IN THE PAST 12 MONTHS, OR (iii) $100.
17. Indemnity
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (a) your use of or reliance on any Third-Party Content, (b) your use of or reliance on any dressCODE Services, or (c) your breach of this EULA. We will provide notice to you promptly of any such claim, suit, or proceeding.
18. Third Party Disputes
DRESSCODE IS NOT AFFILIATED WITH ANY SERVICE PROVIDER OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
19. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Services infringe your copyright, you (or your agent) may send dressCODE a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked The notice must include the following information:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
b. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
c. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow dressCODE to locate the material on the Services;
d. Your name, address, telephone number, and email address (if available);
e. 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 the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send dressCODE a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. If you believe your copyrighted content has been displayed inappropriately on the Services, please contact our Designated Agent as noted below. Consult your legal advisor and see 17 U.S.C. ¤512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA:
Designated Copyright Agent
Lewis Brisbois Bisgaard & Smith LLP
Attention: Jeffrey Kass
1700 Lincoln Street
Suite 4000
Denver, CO 80203
support@thedresscodeapp.com
20. Dispute Resolution
For any dispute you have with dressCODE, you agree to first contact us at support@thedresscodeapp.com and attempt to resolve the dispute with us informally. If dressCODE has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows:
You and we agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or any previous versions of this EULA or your use of or access to the Services will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
Applicable Law: You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this EULA and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this EULA.
Agreement to Arbitrate: You and we each agree that any and all disputes or claims between you and us relating in any way to or arising out of this or previous versions of this EULA, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Arbitration Procedures: Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this EULA as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this EULA including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this EULA is void or voidable.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Judicial Forum for Legal Disputes: Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the state of California. You and we agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes. You also agree our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of California.
21. Miscellaneous
Assignment: You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of dressCODE. dressCODE may assign this EULA, including all its rights hereunder, without restriction.
Survival: The provisions of this EULA that are intended to survive the termination of this EULA by their nature will survive the termination of this EULA, including, but not limited to, the sections titled “General”, “Content You Submit; License Grants from You”, “Third Party Content”, “Your Use of the Services and Services Content”, “Consent to Use of Data”, “Ownership”, “Feedback”, “dressCODE's Liability”, “Termination”, “Disclaimer”, “Limitation of Liability”, “Indemnity”, “Third Party Disputes”, “Copyright Policy”, “Dispute Resolution”, and “Miscellaneous”.
Consent to Electronic Communications: By using the Services, you consent to receiving certain electronic communications. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
General: Except as provided in in the section titled “Dispute Resolution”, this EULA shall be governed by the laws of the State of California without regard to choice of law principles. This EULA, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitutes the entire and exclusive understanding and agreement between you and dressCODE regarding your use of and access to the Services and supersedes all previous understandings and agreements between the parties, whether oral or written. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this EULA or any provision of this EULA constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this EULA is for convenience only and will not have any impact on the interpretation of particular provisions. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. In the event that any part of this EULA is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and dressCODE as a result of this EULA or use of the Services.
Contacting dressCODE: You can contact dressCODE by e-mail at support@thedresscodeapp.com.
NOTICE REGARDING APPLE: You acknowledge that this EULA is between you and dressCODE only, not with Apple, and Apple is not responsible for the Application or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the Application Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If dressCODE provides a translation of the English language version of these Terms, then the translation is provided solely for convenience, and the English version shall prevail.
