Terms of service
CONSENT TO TERMS AND CONDITIONS
Please carefully read the terms (“terms”) for using website, downloadable software applications, and information sharing (collectively, the “service”). By using this service, you certify that you understand and agree to be bound by the following terms and conditions. Section 18 contains a binding arbitration clause and class action waiver. It affects your rights about resolving disputes.
REVISION TO TERMS
The owner of this website (the “Website”) and downloadable software application (“Software App”), ThreadRobe, Inc., a Virginia corporation (“ThreadRobe”), reserves the right to make changes to the Terms at any time, provided, however, that no change shall affect the Terms that were reported on this Website or the Software App at the time a user uses the Service. Your use of the Service after such changes are posted, will mean that you accept such changes.
You must be at least 18 years of age and live in the continental United States to use the Service. By agreeing to these Terms, you represent and warrant to us that you meet the foregoing requirements and further that (a) you have not previously been suspended or removed from the Service; and (b) your registration and your use of the Service is in compliance with these Terms and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization. If you violate these Terms, you risk having any user account assigned to you, or other access, revoked.
Accounts and Registration
Use of Accounts.
You may need an account to use all or a portion of the Service, including the Software App which allows users to digitally load their clothing items into their mobile device, enabling the automated wardrobe to then perform certain acts with respect to such clothing, i.e., receive, hang, store and dispense clothing on and through the wardrobe. The Software App will also allow customers to submit content about themselves and their apparel items. All of such information is stored on severs controlled by ThreadRobe.
When you register for an account or as a guest, you may be required to provide ThreadRobe with some information about yourself, such as your email address or other contact information. You agree that the information you provide to ThreadRobe is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account or password is no longer secure, then you must immediately notify ThreadRobe at firstname.lastname@example.org.
User Content Generally
In using the Service, you may be uploading content through ThreadRobe’s Software App for the purpose of enabling the automated wardrobe to then perform certain acts with respect to such clothing, i.e., receive, hang, store and dispense clothing on and through the wardrobe. You may also submit content about yourself and your apparel items. All of such information is stored on severs controlled by ThreadRobe and is referred to as “User Content”.
Limited License to ThreadRobe.
By posting or publishing User Content to a public area of the Service, you grant ThreadRobe a worldwide, perpetual, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, reproduce, modify for the purpose of formatting for display, distribute and use User Content, in whole or in part, in any media formats and through any media channels now known or later developed.
By uploading User Content to a private area of the Service, you grant ThreadRobe a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, reproduce, modify and use User Content for the full period of time that you maintain your account on the Service, solely to enable your use of User Content with your wardrobe. ThreadRobe may also collect and report information on an aggregate basis and without any personal identification information to one or more third parties.
Any User Content is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you understand that ThreadRobe may delete, edit, copy, publish and distribute any information or content you post or transmit for any purpose.
Limited License Grant to Other Users
The Service may allow for peer to peer or other sharing of User Content. By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and any additional terms you agree to at the time that you upload that User Content.
User Content Representations and Warranties.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
- you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize ThreadRobe and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by ThreadRobe, the Service, and these Terms; and
- your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) cause ThreadRobe to violate any law or regulation.
User Content Disclaimer
ThreadRobe is under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. ThreadRobe may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in ThreadRobe’s sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against ThreadRobe with respect to User Content. ThreadRobe expressly disclaims any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, ThreadRobe may investigate the allegation and determine in ThreadRobe’s sole discretion whether to remove the User Content, which ThreadRobe reserves the right to do at any time and without notice.
This Website and any Software App which you use as part of the Service is owned or licensed and operated by ThreadRobe. Except for any User Content described above in Section 6, content on the Website or any Software App, including any feedback you provide to ThreadRobe about the Service or otherwise, text, site design, logos, proprietary marks, graphic files, audio clips, video clips, icons, and images, as well as the selection, assembly and arrangement thereof (“Content”), is the sole property of ThreadRobe or any applicable content provider who has granted ThreadRobe the right and license to use such Content, and is protected by U.S. and international trademark and copyright laws.
Any ThreadRobe Content or User Content posted on the public portions of the Service, may be downloaded or reprinted by you for PERSONAL AND NON-COMMERCIAL USE ONLY, including for the purpose of placing an order with ThreadRobe. Permission to reprint or electronically reproduce any ThreadRobe Content or User Content, in whole or in part, for any other reason is expressly prohibited, unless you obtain prior written consent from ThreadRobe. Any unauthorized use of the ThreadRobe Content or User Content appearing through the Service, including but not limited to, the publication, reproduction, display, creation of derivative works or performance of the ThreadRobe Content or User Content, may violate copyright, trademark or other applicable laws and could result in civil or criminal penalties.
All trademarks, service marks and trade names (collectively the “Marks”), including but not limited to ThreadRobe™ are proprietary to ThreadRobe or other respective owners that have granted ThreadRobe the right and license to use such Marks. The Marks may not be used in connection with any product or service that is not ThreadRobe’s product or service, in any manner that is likely to cause confusion among ThreadRobe’s customers or users of this Website, or in any other manner in violation of the trademark and service mark laws, without the express written consent of ThreadRobe.
You agree that you will not decompile, disassemble, reverse engineer, copy, disclose, sell or transfer the underlying source code, structure or sequence of ThreadRobe’s technology. You shall use the Service solely for your own use and shall not allow others to use the Service under or through your account.
Nothing on the Service or elsewhere should be construed to grant any license or right to use, implied or otherwise, any mark displayed on the Service without the written permission of ThreadRobe or the third party owner of the mark. ThreadRobe reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by others.
PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS.
ThreadRobe and its affiliates and agents respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ThreadRobe the written information specified below. Please note that this procedure is exclusively for notifying ThreadRobe and its affiliates that your copyrighted material has been infringed.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website or through this service, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
- 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.
The above information must be submitted as a written notification to the following designated agent and the following address/facsimile or email (please also label the inquiry as a “DMCA” inquiry):
Attn: Designated Copyright Agent
10718 Pine Street
Fairfax, VA 22030
Threadrobe cautions you that under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to civil penalties. These include monetary damages, court costs, and attorneys’ fees incurred by threadrobe, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of threadrobe relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury.
This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C.A. 512(c)(3).
NOTE: This information is provided exclusively for notifying the service providers referenced above that your copyrighted material(s) might have been infringed. All other inquiries, including technical requests, reports of email abuse and third party reports of piracy, will not receive a response through this process.
You may not use this Service for the purpose of (a) infringing upon the intellectual property rights of any party (including ThreadRobe), (b) defaming or slandering any person, (c) engaging in fraud, (d) sending unsolicited commercial electronic mail, (e) violating or attempting to violate the security or integrity of the Service or any of its users, (f) violating any law, (g) misusing the proprietary information or property of others for your own purposes or otherwise or (h) posting or transmitting any unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material of any kind, including but not limited to, any material which is injurious to the safety, business or reputation of others, encourages conduct that would constitute a civil or criminal offense, violates the rights of others or otherwise violates any applicable local, state, national, foreign or international law. You also may not misrepresent your identity while using this Service.
Third-Party Services and Linked Websites
ThreadRobe may provide tools through the Service that enable you to export information, including User Content, to third party services, including through ThreadRobe’s implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that ThreadRobe may transfer that information to the applicable third-party service. Third party services are not under ThreadRobe’s control, and ThreadRobe is not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under ThreadRobe’s control, and ThreadRobe is not responsible for their content.
Termination of Use, Discontinuation and Modification of the Service.
You may terminate your account at any time by using the account menu within the Software App. If you violate any provision of these Terms, your permission from ThreadRobe to use the Service will terminate automatically. In addition, ThreadRobe may in its sole discretion suspend or terminate your access to the Service, or portions of the Service, during an investigation of a violation of these Terms. ThreadRobe’s determination that a violation has occurred will be in its sole and absolute discretion. ThreadRobe also reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. ThreadRobe will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
You are responsible for your use of the Service, and you will defend and indemnify immediately upon written demand ThreadRobe and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “ThreadRobe Entities”) from and against every claim, liability, damage, loss, and expense, including all attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service including the transmission of any User Content; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. ThreadRobe reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with ThreadRobe’s defense of that claim.
DISCLAIMER AND NO WARRANTIES.
The service and all materials and content available through the service are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. The threadrobe entities disclaim all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including: (1) any implied warranty of merchantability, accuracy, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (2) any warranty arising out of course of dealing, usage, or trade. The threadrobe entities do not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected.
No advice or information, whether oral or written, obtained by you from the service or any materials or content available through the service will create any warranty regarding any of the threadrobe entities or the service that is not expressly stated in these terms. You assume all risk for any damage that may result from your use of or access to the service, your dealing with any other service user, and any materials or content available through the service. You understand and agree that you use the service, and use, access, download, or otherwise obtain materials or content through the service and any associated sites or services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the service), or the loss of data that results from the use of the service or the download or use of that material or content.
Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
The disclaimer contained in this section is independent of any agreed remedy.
LIMITATION OF LIABILITY.
In no event will the threadrobe entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any threadrobe entity has been informed of the possibility of damage.
The aggregate liability of the threadrobe entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to threadrobe for access to and use of the service in the 12 months prior to the event(s) or circumstances giving rise to claim; or (b) $100.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.
Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. 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 14 will apply even if any limited remedy fails of its essential purpose.
The limitation contained in this section is independent of any agreed remedy.
RELIANCE ON WEBSITE AND INDEMNFICIATION.
By accessing this Service, you agree that in no event will ThreadRobe be liable to you or anyone else for any decisions made or actions taken by you or anyone else based upon or in reliance upon the information provided through the Service. There may be typographical or other errors, including misleading information. In the event of an error or other content related issue, ThreadRobe reserves the right to correct such error without notification.
NDEPENDENT ENFORCEABILITY AND ELECTRONIC COMMUNICATIONS.
The invalidity or unenforceability of any provision (or portion thereof) contained in these Terms shall in no way affect the validity or enforceability of any other provision (or portion thereof), each provision being independent of the others and severally enforceable, and the parties hereto agree that the covenants and agreements contained in these Terms shall survive the termination of these Terms. You agree that any notices, agreements, disclosures, or other communications that ThreadRobe sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
These Terms and all disputes arising hereunder or between you and ThreadRobe shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to the principles thereof concerning conflict of laws. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
DISPUTE RESOLUTION AND ARBITRATION.
If there is a dispute between us, you agree to notify ThreadRobe in writing and attempt to resolve the dispute informally for sixty days. If the dispute cannot be resolved, you agree to binding individual arbitration before the American Arbitration Association and not to sue in court or proceed in front of a judge or jury. You agree to not pursue against ThreadRobe any class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity for you and you agree not to seek to combine individual proceedings. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any arbitration shall administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator shall only be entered in a court located in the Commonwealth of Virginia. Claims shall be heard by a single arbitrator. The place of arbitration shall be at an agreed upon location in Alexandria, Virginia. The arbitration shall be governed by the laws of the Commonwealth of Virginia and the Federal Arbitration Act.
Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed.
Any award in an arbitration initiated under this clause shall be limited to monetary damages consistent with these Terms, including Section 14, and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. However, if the arbitrator finds that either the substance of your claim or the relief sought in the arbitration demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you agree to reimburse ThreadRobe for all monies previously disbursed by it for American Arbitration Association fees and the fees of the arbitrator in the arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
The Service is offered by ThreadRobe, Inc., located at 10718 Pine Street, Fairfax, Virginia 22030, USA. You may contact ThreadRobe by sending correspondence to that address or by emailing ThreadRobe at email@example.com.
Notice Regarding Apple.
If you are using ThreadRobe’s Software App on an iOS device, the terms of this Section 20 apply. You acknowledge that these Terms are between you and ThreadRobe only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the Software App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service 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 or discharge of any third party claim that the Service or your possession and use of the Software App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of Section 11 of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 11 of these Terms against you. 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.