Agreements
Website Terms of Use Agreement 
Read This Terms of Use Agreement Before Accessing Website.
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
- Disclaimer of Warranties.
- Limitation of Liability
- Indemnification
- Members Account
- Modifications and Interruption to Service
- Third-Party Sites
- Disclaimer Regarding Accuracy of Vendor Information
- Kids and Parents
- Blogs, Photos, Videos and other user-generated Postings; Social Networking
- 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.
- Governing Jurisdiction of the Courts
- Compliance with Laws.
- Copyright and Trademark Information
- Notification of Claimed Copyright Infringement
- Other Terms
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.
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.
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.
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.
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.
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.
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.
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.
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.com.
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:
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.
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.
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.
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.
Copyright Agent
It is Closet Couture’s policy to respond to clear notices of alleged copyright infringement. 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 that your work has been copied and posted on this Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) a description of the copyrighted work that you claim has been infringed; (2) a description of where the material that you claim is infringing is located on this Website; (3) your name, address, telephone number, and e-mail address; (4) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (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, and (6) the signature of the copyright owner or of the person authorized to act on behalf of the copyright owner.
Any notification that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Closet Couture actual knowledge of facts or circumstances from which infringing material or acts are evident. There can be penalties for false claims under the DMCA, and Closet Couture suggests that you consult with your legal advisor before filing a notice with Closet Couture’s Copyright Agent. Closet Couture may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.
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
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.com.
Marketplace Service Provider Terms and Conditions
These Marketplace Service Provider Terms and Conditions (the "Agreement") set forth the rules and guidelines for service providers using the marketplace feature (the "Marketplace") of ClosetCouture.com (the "Website"). References to "Betta", "we", "us", and "our" herein refer to Betta Incorporated, the owner of the Website. By offering services via the Marketplace, you (the "Service Provider") agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you must immediately cease providing services via the Marketplace. 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 Marketplace after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Your use of the Marketplace will also continue to be governed by (a) the Website's Terms of Use, as amended from time to time, and found at [http://www.closetcouture.com/info/terms.html] and the Website's Privacy Policy, as amended from time to time, and found at [http:/www.closetcouture.com/info/privacy.html].
- Service Provider Services
- Registration; Posting Fees
- Termination
- Customer Relationship; Scheduling; Inquiries
- No Employment or Consulting Relationship
- Contractual Agreement with User
- No Warranties; Limitation of Liability
- Disputes
- Indemnification
- Sole Agreement
- Choice of Law
During the term of this Agreement, Service Provider will provide various services ("Services") to users ("Users") of the Website. Services are offered to Users via postings (each a "Service Provider Posting") in the Marketplace. Service Provider represents that it is duly licensed (as applicable) and has the qualifications, the experience and the ability to properly perform the Services. Service Provider shall use its best efforts to perform the Services such that the results are satisfactory to the Users. If Service Provider is a corporate entity, the term "Service Provider" shall include the affiliated personnel performing Services on behalf of Service Provider.
Prior to creating a Service Provider Posting, Service Provider will be prompted to create a Marketplace account (the "Service Provider Account"). Betta will charge a fee for each Service Provider Posting. Such fees are payable prior to the activation of each Service Provider Posting and are entirely non-refundable.
The Company may terminate a Service Provider Account and/or remove any Service Provider Posting at any time upon Service Provider's breach hereunder, or upon Service Provider's violation of the Website's Terms of Use. The Service Provider may terminate its Service Provider Account and/or request removal of any Service Provider Posting or by contacting us at [marketplace [at] closetcouture.com].
The Service Provider acknowledges that it is solely responsible for customer service and client satisfaction for any Services performed for Users. Service Provider will be solely responsible for scheduling and managing appointments with Users and managing User inquires.
The Company is providing the Marketplace only for purposes of connecting Service Providers and Users. The parties acknowledge that there is no (a) employment, (b) part-time employment, (c) consulting, (d) contractor, or (e) joint-venture relationship whatsoever between the Company and Service Provider. Neither party has the authority to enter into contracts or create obligations on behalf of the other party without its express written consent.
Service Provider recognizes that in agreeing to provide the Services to User, it is entering into a binding contract with User. Service Provider's interactions with Users via the Marketplace, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Service Provider and such User. Service Provider should make whatever investigation it feels necessary or appropriate before proceeding with any online or offline transaction with any User. Service Provider's use of the Marketplace Services is at its sole risk.
THE COMPANY MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR WITH REGARD TO SERVICE PROVIDERS ABILITY TO USE THE WEBSITE TO PROVIDE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUCCESSFUL RESULTS AND NON-INFRINGEMENT.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE COMPANY 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 SERVICE PROVIDER PROVISION OF THE SERVICES OR USE OF THE WEBSITE IN PROVDING THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Company will not work to resolve any disputes between Service Provider and any User. Service Provider further agrees to release the Company from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute Service Provider has with one or more Users. 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Service Provider agrees to indemnify and hold harmless the Company from any liability, cost, expense, loss, claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of (a) Service Provider's provision of the Services to Users or (b) Service Provider's violation of any law or the rights of a third party in connection its provision of the Services.
This Agreement, along with the Website's Terms of Use (referenced above), constitutes the sole agreement of the parties and supersedes all oral negotiations and prior writings with respect to the subject matter hereof.
The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws.