Terms of Service
Couture Circle Beta Terms of Service
Last updated: May 1st, 2012
Welcome to Couture Circle. These Terms of Service (the “Terms”) are a binding legal agreement between you and Couture Circle, Inc. (“Couture Circle” or “we”) regarding your use of services available at www.CoutureCircle.com (the website and services are collectively referred to as the “Service”). Please read these Terms carefully. In addition, when you use certain features of the Service, you also will be subject to the guidelines, terms and agreements applicable to such features (“Policies”). If these Terms are inconsistent with any Policies, the terms in the Policy will control.
We may periodically make changes to these Terms or the Policies. By accessing or using the Service, you accept these Terms and the Policies and any modifications that we may make to these Terms or the Policies. It is your responsibility to review the most recent version of the Terms and the Policies frequently and remain informed of any changes to them. If you continue to use the Service after we modify these Terms or any Policy, you will be deemed to have consented to terms of the modified agreement for your use of the Service as of the date of the modification. If you do not agree to any provision of these Terms or the Policies, you must not use the Service.
Couture Circle Beta Program
Couture Circle has not commercially released the Service, and the Service has not yet been tested like other commercially released services that you may use. Therefore, it is likely that the Service will contain errors, including errors that may cause the Service or your computer to malfunction or cause a loss of data. Furthermore, Couture Circle is not obligated to correct errors, correct the effects of errors (e.g., fix your computer or recover lost data), or provide any technical support related to use of the Service.
To help Couture Circle prepare the Service for commercial release, Couture Circle is providing you with access to the Service so that you can test and evaluate the Service and provide feedback concerning the Service, including identifying potential errors and improvements (“Feedback”). You hereby grant Couture Circle the unrestricted right to use your Feedback, including to use your Feedback to improve the Service and create other products and services.
The Service has not been made available to the public and Couture Circle desires to maintain the confidentiality of the Service until it is commercially released. Accordingly, you will take reasonable steps to maintain the confidentiality of and not disclose to any third party that is not testing the Service: (a) these Terms, (b) all non-public information disclosed by Couture Circle to you under these Terms, and (c) all Feedback and Service performance data, and all other information obtained through your testing and evaluation of the Service.
Couture Circle allows owners of apparel and selected accessories (“Owners”) to sell or lend their items to other users of the Service (“Buyers”). Couture Circle acts as the platform to allow users to offer for sale, lend, borrow, and buy items from other users.
You must be 18 years of age or older and the age of majority in your jurisdiction to use the Service. Use of the Service is void where prohibited. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and and the age of majority in your jurisdiction and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18.
You must register to use the Service. When you register, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Service (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; and (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete. If you use Couture Circle on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at info@couturecircle. You may not transfer your account to a third party without Couture Circle’s prior written consent.
You will not: (a) use the Service for any commercial purpose; (b) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (e) "frame", "mirror," or otherwise incorporate any part of the Service into any other website without our prior written authorization; (f) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation; (g) harvest or otherwise collect any information about users, including email addresses without user consent; (h) fail to deliver payment for items purchased or borrowed by you; (i) fail to deliver items purchased or borrowed from you; or (j) manipulate the price of any item or otherwise interfere with other users’ listings; or (k) circumvent or manipulate our fee structure.
a. User Profiles and other Social Services
The Service may include interactive features and services, including ratings or review functionality, forums, message boards, and similar services, in which you or third parties may send messages to Service users, and create, post, or store profile data, profile pictures, ratings or reviews, and other content on the Service (“Interactive Services”). You are solely responsible for your use of Interactive Services and use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:
Materials that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
Material that violates, or that causes us or our affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
Material that infringes or violates, or that may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Service or with any other person or entity;
Material that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning (except in portions of the Service that are expressly designated as portions in which such material is allowed);
Material that is or appears to be a conflict of interest, such as trading reviews with others, writing or soliciting shill reviews, or posting reviews of items or users that you have a close connection with (such as your employer);
Comments that in any way refer to persons under 18 years of age;
Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
Material that, in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Service, or which may expose us or our users to harm or liability of any nature.
We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the Service, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Service at any time and for any reason without notice.
If you post material on or through the Service, then, unless we indicate otherwise, you (a) grant us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the material in connection with the provision of the Service to you and others; (b) grant us and our affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if we choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Service; and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.
b. Couture Circle Postings.
Couture Circle may allow Owners to post listings of apparel, accessories and other items available for purchase or lending to other users (a “Couture Circle Post”). All Couture Circle Posts must comply with these Terms and all Policies that Couture Circle may make available and update from time to time.
For example, products that satisfy any of the following descriptions may not be listed in any Couture Circle Posts:
Items that the Owner does not have the right to make available or lend in accordance with these Terms;
Illegal or counterfeit items (including items that are stolen or obtained through illegal means, or that would otherwise create liability for Couture Circle or any third party, or violate any local, state, national, or international law);
Items that infringe, or may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Any items on the Couture Circle Prohibited Items list; and
Any other items that Couture Circle, in its sole discretion, determines should not be allowed on the Service.
(c) Dealings related to Couture Circle
Your transactions, dealings, and correspondence with, or participation in promotions of, persons who place or are named or referenced in any Couture Circle Posts, and any terms, conditions, warranties, or representations associated with such transactions, dealings, and correspondence, are solely between you and such third party. Couture Circle has no control over, and does not guarantee, the quality, safety, or legality of items advertised, the truth or accuracy of any user content or listings, the ability of an Owner to loan or rent any items, the ability of a Buyer to pay any applicable fees, or that any item will be delivered, used, or returned in any particular condition.
Owners who make Couture Circle Posts:
must use good-faith efforts to make items available at times at which they are reserved and to permit use of the items during the period in which Buyer has reserved the item;
must not require the payment of any fees in connection with a Couture Circle Post, or otherwise in connection with a Buyer’s use of an item, other than through Couture Circle and its supported payment mechanisms;
must not seek or require the payment to a Owner of any amount in excess of an item’s replacement value, calculated in good faith, in the event that an item is destroyed, stolen, or otherwise lost or damaged;
must comply with all applicable laws, including export and import laws; and
must not otherwise seek or obtain any “double recovery” in the event of an item being destroyed, stolen, or otherwise lost or damaged while in a Buyer’s possession or control without promptly refunding to the Buyer the amount necessary to prevent the double recovery (and, specifically, not obligate any Buyer to pay any amount to an Owner greater than the applicable insurance deductible if an Owner receives any indemnity from an insurance provider relating to any loss of, or damage to, an item).
Couture Circle is not responsible or liable for any loss or damage of any sort incurred as the result of any dealings, transactions, or correspondence between Couture Circle users. If you enter into any kind of transaction with an Couture Circle user, Couture Circle and its subsidiaries and affiliates are not responsible or liable for any action or inaction of you or any other party to such a transaction (including, without limitation, any party’s failure to perform, pay any amounts due, or deliver any products). Any fees or payments collected by Couture Circle applicable to transactions between or among Couture Circle users will be set forth on Couture Circle, and all terms and conditions applicable to such fees or payments will be set forth in Couture Circle’s Fee Policy. COUTURE CIRCLE IS PROVIDED AS-IS AND YOUR USE OF COUTURE CIRCLE, INCLUDING, WITHOUT LIMITATION, YOUR PLACEMENT OF A COUTURE CIRCLE POST, AND YOUR PURCHASE, SALE, LEASE, OR OTHER TRANSACTION WITH COUTURE CIRCLE USERS INVOLVING ANY GOODS, IS AT YOUR OWN RISK.
Joining Couture Circle and bidding on listed items is free. We charge when you purchase an item, and for certain other transactions that occur between users on the Service. The fees charged by Couture Circle, and other terms and conditions applicable to purchases made on the Service, are available in HOW IT WORKS, as amended from time to time, located here, which is hereby incorporated into these Terms. To the extent the Fee Policy conflicts with these Terms, the Fee Policy will govern. All fees charged by Couture Circle in connection with the Service are non-refundable (in all circumstances, including, in the event of nonperformance by another user of the Service). Couture Circle may require users to provide payment account credentials to Couture Circle to allow Couture Circle and other users to pay into, and withdraw from, the applicable payment account (e.g., PayPal). Unless otherwise stated, all fees are in U.S. dollars. You are responsible for all fees associated with your use of the Service. If your payment method fails, or if you owe us any funds for your use of the Service, we may collect such fees using other collection mechanisms, such as retaining collection agencies and legal counsel.
Owners who create Couture Circle Posts, and Buyers who respond to Couture Circle Posts, are responsible for determining whether sales, use, and other taxes apply to any transaction or other dealings relating to Couture Circle Posts. Such Couture Circle users must collect, report, and remit any and all taxes to the appropriate tax authority. Couture Circle is not obligated to determine whether sales, use, or similar taxes apply to any transactions or other dealings relating to Couture Circle. Couture Circle may, but is under no obligation to, collect, report, or remit any sales, use, or similar taxes arising from any transactions or dealings relating to Couture Circle. To the extent that Couture Circle provides functionality to users in connection with collecting, reporting, or remitting taxes, users remain fully responsible for ensuring the accuracy and proper collection, reporting, and remittance of taxes.
Risk of Loss; Insurance
Any Couture Circle user who creates an Couture Circle Post, or otherwise makes available any product on Couture Circle, assumes all risks of loss or damage to the product from any cause. Owners who create Couture Circle Posts, or otherwise make items available for use by other Couture Circle users, are responsible for obtaining and maintaining any appropriate insurance coverage.
Submissions Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (excluding material that you post on the Service in accordance with these Terms) (collectively “Submissions”), are non-confidential and you hereby grant to us perpetual and irrevocable license to use your Submissions for any purpose without compensation or attribution to you.
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time and date the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a 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; and (5) 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.
If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the copyright agent: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Chicago, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Our designated agent for notice of copyright infringement can be reached at:
222 Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654
Trademarks CoutureCircle.com, the Couture Circle logo, and any other product or service name or slogan contained on the Service are trademarks of Couture Circle and our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
Ownership We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
The Service may contain links to webpages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.
The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
Indemnification You will defend, indemnify and hold harmless Couture Circle, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.
Disclaimer of Warranties
YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE WEBSITE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE WEBSITE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COUTURE CIRCLE AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COUTURE CIRCLE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT OR THAT ANY COUTURE CIRCLE POSTING YOU PLACE (INCLUDING ANY POSTING OF PRODUCTS YOU WISH TO MAKE AVAILABLE, OR OTHER MESSAGE RELATING TO ANY POSTING) WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS TO, AND USE OF, COUTURE CIRCLE AND ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING COUTURE CIRCLE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
NEITHER COUTURE CIRCLE NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COUTURE CIRCLE OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF COUTURE CIRCLE AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF (A) $100 OR (B) THE FEES PAID TO COUTURE CIRCLE FOR THE TRANSACTION GIVING RISE TO THE CLAIM. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You alone are responsible for your involvement or business dealings with other users. Couture Circle reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release Couture Circle (and our officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way related with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A NON-CALIFORNIA RESIDENT, YOU WAIVE ANY STATUTES OF SIMILAR EFFECT.
Modifications to the Service
Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Service and to block, restrict, and prevent your future access to, and use of, the Service. Additionally, we reserve the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in our sole discretion. Neither us nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service. As of the date stated above, the Services are provided to you for free, but we reserve the right to implement fees for additional or premium Services at any time by providing you notice.
Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. 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 Legal Notices
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the State of Illinois, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Service or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Chicago, Illinois, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Illinois law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
These Terms and the Policies constitute the entire agreement between you and Couture Circle concerning the Service. These Terms supersede all prior agreements or communications between you and Couture Circle regarding the subject matter of these Terms.
Questions & Contact Information If you have any questions or concerns about the Service, these Terms, or any Policy, you may contact us through our website by emailing firstname.lastname@example.org or write us at:
222 Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654