Effective Date: This Terms of Use Agreement was last updated on
July 8, 2008.
This Terms of Use Agreement sets forth the standards of use of ClosetCouture.com
(the "Website"). References to "Betta", "we", "us", and "our" herein refer
to Betta Incorporated. By using the Website, you (the "Member") agree
to these terms and conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of this Website.
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 Website. Your
continued use of the Website 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.
- Description of Service
Betta is providing Member with an online fashion community where they
can share and discuss insights and trends, obtain advice from stylists
and other professionals (collectively, "Stylists") and transact business
with various online retailers ("Retailers") (the "Service"). Members can
also share user generated content. Each Member must (a) provide
all equipment necessary for their own Internet connection, including computer
and modem and (b) provide for Member's access to the Internet, and (c)
pay any fees relate with such connection.
- Disclaimer of Warranties.
The Website is provided by Betta on an "as is" and on an "as available"
basis. To the fullest extent permitted by applicable law, Betta makes
no representations or warranties of any kind, express or implied, regarding
the use or the results of this Website in terms of its correctness, accuracy,
reliability, or otherwise. Betta shall have no liability for any
interruptions in the use of this Website. Betta disclaims all warranties
with regard to the information provided, including the implied warranties
of merchantability and fitness for a particular purpose, and non-infringement.
Betta 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.
- Limitation of Liability
BETTA SHALL NOT be liable for any damages whatsoever, and in particular
Betta 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 web 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 Betta 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.
- Indemnification
Member agrees to indemnify and hold Betta, 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.
- Members Account
All Members of the Service shall receive a password and an account. Members
are entirely responsible for any and all activities which occur under their
account whether authorized or not authorized. Member agrees to notify Betta
of any unauthorized use of Member's account or any other breach of security
known or should be known to the Member. Member's right to use the Service
is personal to the Member. Member agrees not to resell or make any commercial
use of the Service without the express written consent of Betta.
- Modifications and Interruption to Service
Betta reserves the right to modify or discontinue the Service with or
without notice to the Member. Betta shall not be liable to Member or any
third party should Betta exercise its right to modify or discontinue the
Service. Member acknowledges and accepts that Betta does not guarantee
continuous, uninterrupted or secure access to our Website and operation
of our Website may be interfered with or adversely affected by numerous
factors or circumstances outside of our control.
- Third-Party Sites
Our Website 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.
- 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
Betta makes every effort to ensure that the information on this Website
is accurate, we can make no representations or warranties as to the accuracy
or reliability of any information provided on this Website.
Betta makes no warranties or representations whatsoever with regard to
any product provided or offered by any endor, and you acknowledge that
any reliance on representations and warranties provided by any vendor shall
be at your own risk.
- Kids and Parents
The Services are not intended for use by children, especially those under
age 13. No one under age 13 is allowed to provide any personal information
or use our public discussion areas.
If your children disclose information about themselves in our public discussion
areas, they may get unsolicited messages from other parties. Accordingly,
you should tell them not to do so. There are also commercially available
tools to help you limits your children's exposure to material online.
If you're worried about your children's activities or their privacy on
our site, we encourage you to e-mail Betta at support (at) closetcouture.net.
- Blogs, Photos, Videos and other user-generated Postings; Social Networking
If you elect to post material to any blogs, forums, channels or other
community boards that may be offered on our Website, or if you elect to
upload any photographs, audio or video, 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 the Website 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. By furnishing Postings,
you give Betta the right to use such Postings in any manner and in any
media now known or hereafter invented, including, without limitation, the
right to combine your Postings with Postings of third parties in varied
combinations. You also acknowledge that visitors to the Website may post
comments about your Postings which may be derogatory, and that Betta has
no obligation to monitor or delete any such postings. You further acknowledge
that the Postings are not covered under our Privacy Policy.
Please be aware that Betta does not and cannot monitor all of the Postings
made to the Website, and therefore Betta will not be responsible for the
content of any Postings. However, Betta 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 Betta elects to edit any Postings, it nonetheless assumes
no responsibility for the content of the Postings. Under no circumstances
will Betta 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:
- that are unlawful, harmful, threatening, abusive,
harassing, defamatory, pornographic, libelous, or invasive of another's
privacy, or harmful to minors in any way;
- 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;
- that include personal or identifying information about
another person without that person's explicit consent.
- that are false, deceptive, misleading, or deceitful;
- contain your own or a third party's advertising, branding
or promotional content;
- that infringe any proprietary rights, including copyright,
of any party, or Postings that you do not have a right to make available;
- restrict or inhibit any other user from using and enjoying
the Betta Website or the Services.
Because Betta does not monitor the Postings, you agree to use and rely
on them at your own risk. Betta cannot make any representation or warranty
about the material contained in the Postings. Betta likewise assumes no
responsibility for any contact you may have with other users of the Website,
either online or offline. IF YOU ELECT TO MEET IN PERSON WITH SOMEONE YOU
MAY MEET ON OUR WEBSITE, INCLUDING A STYLIST YOU DO SO AT YOUR OWN RISK,
AND UNDER NO CIRCUMSTANCES WILL BETTA BE LIABLE FOR ANY ACTIVITY OR INJURY
THAT MAY OCCUR.
- Governing Jurisdiction of the Courts
Our Website is operated and provided in the State of California. As
such, we are subject to the laws of the State of California, and such laws
will govern this Terms of Use, without giving effect to any choice of law
rules. We make no representation that our Website or other services
are appropriate, legal or available for use in other locations. Accordingly,
if you choose to access our site you agree to do so subject to the internal
laws of the State California.
- 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.
- Copyright and Trademark Information
Content posted on the Website by us is owned by us or used with permission.
You may not copy, use, or retransmit anything from or for our Website without
our permission. Any commercial or promotional distribution, publishing
or exploitation of the Website, or any content, code, data or materials
on the Website is strictly prohibited. You may not offer goods for sale
or use the Betta 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 Betta Service are protected by
the copyright and trademark laws of the United States 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;
Betta cannot give you such authorization. We cannot guarantee that the
Service will not locate unintended or objectionable content and Betta accepts
no responsibility or liability for the content of any images or text included
in any Betta list or otherwise linked to by the Betta Services, or for
your use of such content. Betta 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 the Website or that tampers with any copyright protection mechanisms
applicable to content on the Website. The technology and the software underlying
our Website and the Services is the property of Betta, 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 our
Website or the Services. You agree not to modify the software underlying
our Website in any manner or form or to use modified versions of such software,
including (without limitation) for the purpose of obtaining unauthorized
access to our Website.
Ignoring this policy may result in copyright, trademark, or other intellectual
property rights violations.
- Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through
the Digital Millennium Copyright Act, Betta designates the following individual
as its agent for receipt of notifications of claimed copyright infringement.
Copyright Agent
Betta Incorporated
PO Box 410, 15332 Antioch Street
Pacific Palisades, CA 90272
fax: (310) 861-8965
e-mail: copyright@closetcouture.com
- 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
Betta, 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, feel free to contact us at support (at) closetcouture.net.
