Terms of Use Agreement

 

Please Read This Terms of Use Agreement Before Accessing This Website.

Welcome! This website and it's mobile application version (collectively, the "Site") are owned and operated by Clozette Pte Ltd ("Clozette", "we", "us" or "our"). Clozette makes this Site and the content, information, products and services available on this Site subject to acceptance of and compliance with the terms and conditions set forth in these terms of use agreement (collectively, the "Agreement") and elsewhere on this Site. The terms "members" "you" "your" "yours" "yourself" "they" "their" and "theirs" refer to all visitors to this Site.

By using this Site and all linked pages owned and operated by Clozette, you agree to these terms and conditions stated in this Agreement. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of this Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.


1. Description of Service

This Site provides members with an online fashion community where members can upload and organize their very own online closet, share and discuss insights and trends, obtain advice from stylists and other professionals and transact business with various online retailers ("Retailers") (collectively, the "Service").


2. Privacy Policy

Registration data and other information collected about you are subject to our Privacy Policy. You should review our Privacy Policy to understand how we collect and use data about you.


3. Eligibility

You warrant and attest that by using the Site, you are confirming that you meet the minimum age requirement and are fully able and competent to enter into and be bound by this Agreement. By using the Site and/or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein.


4. Registration, User ID and Security

In order to access or use certain features of the Site, you may be required to register with us on a registration form which will require you to provide personally identifiable information (such as your country, date of birth, and an e-mail address you own) and to select a password and user name ("User ID"). You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration page. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. Further, you may not:

  1. enter, select or use a user name or an email address owned or controlled by another person with the intent to impersonate that person, or,

  2. use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. We reserve the right to refuse registration of, or cancel a User ID in our discretion without any liability whatsoever. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. You agree to:

    1. notify Clozette immediately of any unauthorized use of your User ID or password, and
    2. ensure that you exit from your account at the end of each session. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

You agree not to collect or harvest any personally identifiable information, including any User IDs or account names from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to all or any materials submitted by them.

You further agree to us monitoring your download activity to ensure that a reasonable quality of service is provided to all users of the Site.


5. Use of the Site/Service

If you elect to upload any images to this Site, or if you elect to post material to any forums, channels or other community boards that may be offered on this Site, you will be solely responsible for all content, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Postings").

You agree and warrant that any Postings you post to this Site will be true and accurate, will not defame any person or invade any person's privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights. You also acknowledge that visitors to this Site may post comments about your Postings which may be derogatory, and that Clozette has no obligation to monitor or delete any such postings. You further acknowledge that the Postings are not covered under our Privacy Policy.

By furnishing Postings, you hereby irrevocably grant us a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, unrestricted, fully paid-up and fully sub-licensable and transferable licence to display, copy, modify, transmit, sell, exploit, create derivative works from, incorporate into other works, distribute, and/or digitally perform or publicly perform or display such content, in whole or in part, in any manner or medium, now known or hereafter developed, whether in connection with the Site and our (and our successor's) business or otherwise, including without limitation for marketing, promoting and/or re-distributing part or all of the Site (and derivative works thereof) and our products and/or services in any and all media and formats and through any and all channels; and the foregoing grant of licence to Clozette shall include the right to exploit any proprietary rights in Users Submissions, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your Users Submissions by name, e-mail address or screen name, as we deem appropriate. We are under no obligation to give credit or pay any consideration for your Users Submissions.

Please be aware that Clozette does not and cannot monitor all of the Postings made to this Site, and therefore Clozette will not be responsible for the content of any Postings. However, Clozette does reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the site. If Clozette elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will Clozette be liable for any inaccuracy or defect in any Postings.

We also expect our users to adhere to certain rules of common sense. Therefore, you agree not to post, email, or otherwise make available Postings:

  1. that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harmful to minors in any way;
  2. that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. that include personal or identifying information about another person without that person's explicit consent.
  4. that are false, deceptive, misleading, or deceitful;
  5. contain your own or a third party's advertising, branding or promotional content;
  6. that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available;
  7. restrict or inhibit any other user from using and enjoying the Clozette Website or the Services.

Because Clozette does not monitor the Postings, you agree to use and rely on them at your own risk. Clozette cannot make any representation or warranty about the material contained in the Postings. Clozette likewise assumes no responsibility for any contact you may have with other users of this Site, either online or offline. If you elect to meet in person with someone you may meet on our Site, you do so at your own risk, and under no circumstances will Clozette be liable for any activity or injury that may occur.

You understand that Clozette is not the seller of the goods and services advertised on the Site. Clozette is a service provider and transaction handler for third party Retailers. Clozette may also offers vouchers and/or rewards from Retailers that can be redeemed in connection with the purchase of goods or services from the Retailers. The Retailers, not Clozette, is the seller and provider of the goods and services offered and advertised on the Site, including without limitation the Clozette vouchers and/or rewards.

Clozette is not the agent of any Retailers and takes no responsibility for the products or services for which Clozette vouchers and/or rewards may be redeemed. Clozette makes no warranty as to the quality, safety, usability, or other aspects of the product or service for which Clozette vouchers and/or rewards are redeemed. Clozette is not liable for any costs, harm or damages that occur as a result of, either directly or indirectly, these, or any other service or activity offered. You are responsible for your own actions in utilizing the goods and services from which Clozette vouchers and/or rewards can be redeemed.


6. Disclaimer of Warranties.

This Site is provided by Clozette on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Clozette makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise. Clozette shall have no liability for any interruptions in the use of this Site. Clozette disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Clozette further disclaims any and all warranties with respect to any advice, products or services provided to Members by a Stylist or Retailer, including the implied warranties of merchantability and fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.


7. Limitation of Liability

Clozette shall not be liable for any damages whatsoever, and in particular Clozette shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Clozette has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitation is inapplicable.


8. Indemnification

Member agrees to indemnify and hold Clozette, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.


9. Modifications and Interruption to Service

Clozette reserves the right to modify or discontinue the Service with or without notice to the Member. Clozette shall not be liable to Member or any third party should Clozette exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Clozette does not guarantee continuous, uninterrupted or secure access to this Site and operation of this Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

We also reserve the right to deny access to the Site or any features of the Site to anyone who violates this Agreement or who, in our sole judgment, interferes with the ability of others to enjoy the Site or infringes the rights of others.


10. Third-Party Sites

This Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their sites. You acknowledge that we are not responsible for the availability of, or the content or products located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.


11. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While Clozette makes every effort to ensure that the information on this Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Site. Clozette makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.


12. Governing Jurisdiction of the Courts

Unless otherwise specified herein, these Terms of Use Agreement, together with the Privacy Policy, constitute the entire agreement between you and Clozette with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Clozette with respect to the Site. If any part of these Terms of Use Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Clozette to act with respect to a breach by you or others does not waive Clozette's right to act with respect to subsequent or similar breaches. Clozette's failure to exercise or enforce any right or provision of these Terms of Use Agreement shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use Agreement are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use Agreement.

This agreement shall be construed in accordance with the applicable laws of Singapore. The Courts at Singapore shall have exclusive jurisdiction in any proceedings arising out of this agreement.


13. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.


14. Copyright and Trademark Information

Content posted on this Site by us is owned by us or used with permission. You may not copy, use, or retransmit anything from or for this Site without our permission. Any commercial or promotional distribution, publishing or exploitation of this Site, or any content, code, data or materials on this Site is strictly prohibited. You may not offer goods for sale or use the Clozette Website and Service for any commercial service without our prior written consent. The third-party images and text referenced, made accessible or made available to you on these pages or by means of the Clozette Service are protected by the copyright and trademark laws of the Singapore and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. It is your responsibility to obtain any authorizations to use an image or text that may be required; Clozette cannot give you such authorization. We cannot guarantee that the Service will not locate unintended or objectionable content and Clozette accepts no responsibility or liability for the content of any images or text included in any Clozette list or otherwise linked to by the Clozette Services, or for your use of such content. Clozette reserves the right to remove any pictures or content without notice to you, any other user, or any third party. You are not allowed to post or distribute any material you do not own or which you do not have permission to use. You are also prohibited from engaging in any conduct that interferes with the technological operation of this Site or that tampers with any copyright protection mechanisms applicable to content on this Site. The technology and the software underlying this Site and the Services is the property of Clozette, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying this Site or the Services. You agree not to modify the software underlying this Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to this Site. Ignoring this policy may result in copyright, trademark, or other intellectual property rights violations.


15. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Clozette, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

If you have any questions about this Terms Of Use Agreement, please contact us at hello@clozette.co.

 

Terms of Use Agreement - Last Updated On November 18, 2010
© 2011 Clozette Pte Ltd, All rights reserved.