- Service provides access to its worldwide database of items sold by SecretCloset members.
- SecretCloset is not a store and does not participate in exchange transactions. Service provides only information exchange between users.
- User wishing to buy an item sends the seller a purchase request directly from the Service application.
- Sellers are able to exercise discretion to whom they wish to reveal their contact information. request.
If the seller accepts the buyer's purchase request, users have two options:
an in-person meeting, when possible, in order for the seller to deliver the item in person. The buyer will be able to inspect the item prior to payment:
- if the buyer finds the presented item not suitable, questionable or inauthentic, then the buyer may reject the item.
- if the buyer finds the presented item suitable, the buyer shall finalize the transaction. All exchange transactions are final.
an in-app delivery option, if the seller and the buyer are unable to meet in-person, and it includes:
- purchase and production of USPS pre-paid postage label with the addresses of both seller and buyer and the recipient's contact phone number
- tracking of items using a tracking number assigned to the package
- risk management for both sellers and buyers. The Service will place a hold on the amount of the purchase price in the buyer's card account until the buyer receives and inspects the item. The payment to the seller is authorized only after the buyer inspects the item and is satisfied with its quality.
in-app messenger/chat platform, in order to provide a resolution to our client's potential disputes (rules of the Service recommend its users to discuss, verify and confirm all the relevant details pertaining to the items in question)
NB: In the event of a dispute involving the delivery option, the Service will rely on the communications via in-app messenger/chat platform between its users.
- an in-person meeting, when possible, in order for the seller to deliver the item in person. The buyer will be able to inspect the item prior to payment:
- Sellers who repeatedly misrepresent their items on SecretCloset to other members will be banned from using the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. IN PARTICULAR, SELLERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES.
If you are using the Site, Application or Services, you are contracting with Ronte Limited with respect to use of the SecretCloset Site, Application or Services. Ronte Limited shall be further be referred to herein as “SecretCloset” or “SC”. SecretCloset provides an online platform that connects sellers who have items of clothes, accessories etc. to sell with buyers seeking to buy such clothes, accessories etc. (collectively, the “Services”), which Services are accessible at www.secretcloset.net and any other websites through which SecretCloset makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”).
By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below) and constitute a binding legal agreement between you and SecretCloset.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SELLERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR ITEMS OF CLOTHES, ACCESSORIES ETC. (DEFINED BELOW) AND BUYERS (DEFINED BELOW) MAY LEARN ABOUT ITEMS OF CLOTHES, ACCESSORIES ETC. AND AGREE ON THEIR PURCHASE DIRECTLY WITH THE SELLERS. YOU UNDERSTAND AND AGREE THAT SECRETCLOSET IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SELLERS AND BUYERS, NOR IS SECRETCLOSET AN AGENT OR INSURER. SECRETCLOSET HAS NO CONTROL OVER THE CONDUCT OF SELLERS, BUYERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.Key Terms
- “SecretCloset Content” means all Content that SecretCloset makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
- “Request Period” means the time period starting from the time when a request to a Seller on purchasing an item of clothing, accessories etc. is sent by a Buyer (as determined by SecretCloset in its sole discretion), within which a Seller may decide whether to confirm or reject that Buyer’s request, as stated on the Site, Application or Services. Different Request Periods may apply in different places.
- “Collective Content” means Member Content and SecretCloset Content.
- “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
- “Buyer” means a Member who requests from a Seller a purchase of an item of clothes, accessories etc. via the Site, Application or Services. “Seller” means a Member who creates a Listing via the Site, Application and Services.
- “Listing” means an item of clothes, accessories etc. that is listed by a Seller as available for rental via the Site, Application, and Services.
- “Member” means a person who completes SecretCloset’s account registration process, including but not limited to Sellers and Buyers, as described under “Account Registration” below.
- “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
- “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST). Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
SecretCloset reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms.
By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and purchase of items of clothes, accessories etc. (“Items of Clothing”). Such Items of Clothing are included in Listings on the Site, Application and Services by Sellers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to send a request to a Seller on purchasing an Item of Clothing or create a Listing, you must first register to create a SecretCloset Account (defined below).
As stated above, SecretCloset makes available an online platform or marketplace with related technology for Buyers and Sellers to meet online and arrange for purchasing Items of Clothing directly with each other. SecretCloset is not an owner of Items of Clothing, nor is it a provider of Items of Clothing and SecretCloset does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Items of Clothing or transportation or travel services. Unless explicitly specified otherwise in the SecretCloset platform, SecretCloset’s responsibilities are limited to:
- facilitating the availability of the Site, Application and Services and
- serving as the intermediary at contact data exchange in order to carry out the potential purchase and sell of Items of Clothing between Sellers and Buyers.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE SELLERS AND BUYERS CONNECTING DIRECTLY WITH EACH OTHER AND CHOOSING AND PURCHASING ITEMS OF CLOTHING. SECRETCLOSET CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ITEMS OF CLOTHING. SECRETCLOSET IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ITEMS OF CLOTHING. ACCORDINGLY, ANY PURCHASING WILL BE MADE AT THE BUYER’S OWN RISK.
In order to access certain features of the Site and Application, and to purchase an Item of Clothing or create a Listing, you must register to create an account (“SecretCloset Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below.
As part of the functionality of the Site, Application and Services, you may link your SecretCloset Account with Third-Party Accounts, by either:
- providing your Third-Party Account login information to SecretCloset through the Site, Services or Application; or
- allowing SecretCloset to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to SecretCloset and/or grant SecretCloset access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating SecretCloset to pay any fees or making SecretCloset subject to any usage limitations imposed by such third-party service providers.
By granting SecretCloset access to any Third-Party Accounts, you understand that SecretCloset will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your SecretCloset Account and SecretCloset Account profile page.
Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your SecretCloset Account on the Site, Services and Application.
Please note that if a Third-Party Account or associated service becomes unavailable or SecretCloset’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application.
You have the ability to disable the connection between your SecretCloset Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
SecretCloset makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and SecretCloset is not responsible for any SNS Content.
We will create your SecretCloset Account and your SecretCloset Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above.
You may not have more than one (1) active SecretCloset Account.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
SecretCloset reserves the right to suspend or terminate your SecretCloset Account and your access to the Site, Application and Services if you create more than one (1) SecretCloset Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your password.
You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your SecretCloset Account, whether or not you have authorized such activities or actions. You will immediately notify SecretCloset of any unauthorized use of your SecretCloset Account.
Items of Clothing Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Item of Clothing to be listed, including, but not limited to, the item type, size, color, style, season, condition, material, as well as initial price and selling price.
In order to be featured in Listings via the Site, Application and Services, all Items of clothing must have valid information and description. Listings will be made publicly available via the Site, Application and Services.
Other Members will be able to look through your Items of Clothing via the Site, Application and Services based upon the information provided in your Listing.
You understand and agree that once a Buyer requests a purchase of your Item of Clothing, you may not request the Buyer to pay a higher price than in the purchase request.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the purchase of an Item of Clothing in a Listing you post
- will not breach any agreements you have entered into with any third parties, and
- will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Item of Clothing included in a Listing you post, and (b) not conflict with the rights of third parties.
Please note that SecretCloset assumes no responsibility for a Seller’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
SecretCloset reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that SecretCloset, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or SecretCloset’s then-current Policies, or otherwise harmful to the Site, Application or Services.
If you are a Seller, you understand and agree that SecretCloset does not act as an insurer or as your contracting agent.
If a Buyer requests a purchase of your Item of Clothing, any agreement you enter into with such Buyer is between you and the Buyer and SecretCloset is not a party thereto.
SecretCloset Payments does not serve as the limited authorized payment collection agent of the Seller for the purpose of accepting, on behalf of the Seller, payments from Buyers of such amounts stipulated by the Seller.
All the corresponding payments shall be carried out directly between the Seller and the Buyer. SecretCloset is not responsible for carrying out any of such payments.
If you are a Seller, you acknowledge and agree that, as a Seller, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are somehow related to Items of Clothing excluding the Buyer.
SecretCloset may offer Sellers the option of having photographers take photographs of their Items of Clothing (the terms of provision of the specified services by SecretCloset, including the order of payment for the provision of such services, shall be negotiated within the separate agreement).
If you as a Seller choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “SecretCloset Verified Photo” or similar wording (“Verified Images”).
All images, materials and content created by these photographers provided by SecretCloset, including Verified Images, constitute SecretCloset Content, regardless of whether you include them in your Listing.
No Endorsement SecretCloset does not endorse any Member or any Item of Clothing.
You understand that Verified Images are intended only to indicate a photographic representation of the Item of Clothing at the time the photograph was taken. Verified Images are therefore not an endorsement by SecretCloset of any Member or any Item of Clothing.
Members are required by these Terms to provide accurate information, and although SecretCloset may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by SecretCloset about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable.
Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services.
We therefore recommend that you always exercise due diligence and care when deciding whether to carry out purchases at a Seller’s or to accept a purchase request from a Buyer, or to have any other interaction with any other Member.
We are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm.
You agree not to attempt to impose liability on or seek any legal remedy from SecretCloset with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any purchases or Listings made by you.
Purchase of Items of Clothing and Financial Terms Key definitions “Item of Clothing Price” means the amounts that are due and payable by a Buyer in exchange for a Buyer’s purchase of an Item of Clothing.
The Seller alone, and not SecretCloset, determines these amounts. “Subscription Fees” means the fee that SecretCloset charges a Member, being a Seller and/or a Buyer, for the use of its online platform within a certain period of time.
The Subscription Fees constitute the fixed amount depending on the time period of use of the online platform and are determined by SecretCloset alone.
Purchase and Financial Terms for Sellers
If you are a Seller and a request on purchase of your Item of Clothing is sent via the Site, Application and Services, you will be required to either confirm or reject the request on purchase within the Request Period, otherwise the request on purchase will be automatically cancelled.
When a request is sent via the Site, Application and Services, you will be provided with information
- on the name (nickname) of the Buyer who has requested the purchase, in the Site, Application and Services,
- statistic data in relation to the use of the Site, Application and Services by the Buyer,
- Items of Clothing, disposed to sale by he Buyer via the Site, Application and Services, so that you can view such information before confirming or rejecting the request on purchase.
When you confirm a request on purchase sent by a Buyer, your telephone number will be sent to the Buyer.
Please note that SecretCloset does not currently charge fees for the creation of Listings. However, you as a Seller acknowledge and agree that SecretCloset reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings.
Please note that SecretCloset will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Purchase and Financial Terms for Buyers
The Sellers, not SecretCloset, are solely responsible for honoring any confirmed requests on purchase and making available any Items of Clothing requested through the Site, Application and Services.
If you, as a Buyer, choose to enter into a transaction with a Seller for the purchase of an Item of Clothing, you agree and understand that you will be required to enter into an agreement with the Seller and you agree to accept any terms, conditions, rules and restrictions associated with such Item of Clothing imposed by the Seller.
You acknowledge and agree that you, and not SecretCloset, will be responsible for performing the obligations of any such agreements, that SecretCloset is not a party to such agreements, and that SecretCloset disclaims all liability arising from or related to any such agreements.
General Purchase and Financial Terms
Cancellations of requests
Cancellation by the Buyers of the confirmed requests on purchase made via the Site, Application and Services, as well as cancellations by the Sellers of the confirmed requests on purchase shall be carried out by means of exchange of corresponding messages directly between Buyers and Sellers in any form available upon agreement of the parties.
You acknowledge and agree that SecretCloset is not a party to such agreements, and that SecretCloset disclaims all liability arising from or related to any such agreements
SecretCloset may, in its sole discretion, round up or round down amounts that are payable from or to Buyers or Sellers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, SecretCloset will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, SecretCloset may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for SecretCloset to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
You as a Buyer are solely responsible for keeping the information in your tax forms current, complete and accurate.
You as a Buyer understand and agree that you are solely responsible for determining
- your applicable Tax reporting requirements, and
- the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings.
You are also solely responsible for remitting to the relevant authority any Taxes included or received by you.
SecretCloset cannot and does not offer Tax-related advice to any Members.
Damages Both Buyers and Sellers agree to cooperate with and assist SecretCloset in good faith, and to provide SecretCloset with such information and take such actions as may be reasonably requested by SecretCloset, in connection with any complaints or claims made by Members relating to Items of Clothing or with respect to any investigation undertaken by SecretCloset or a representative of SecretCloset regarding use or abuse of the Site, Application or the Services.
Upon SecretCloset’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by SecretCloset or a third party selected by SecretCloset.
Each foreign currency conversion is processed at a foreign currency conversion rate.
This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8.
Currency conversion rates will vary from time to time.
Key definitions “Display Currency” means the currency in which users view Listing prices on the SecretCloset platform.
Display Currency is changed depending on the currency adopted in the city of Site, Application or Services functioning.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content.
In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an SecretCloset Buyer or Seller;
- offer, as a Seller, any Item of Clothing that you do not yourself own or have permission to offer to sale;
- offer, as a Seller, any Item of Clothing that may not be offered to sale pursuant to the terms and conditions of an agreement with a third party;
- register for more than one SecretCloset Account or register for an SecretCloset Account on behalf of an individual other than yourself;
- contact a Seller for any purpose other than asking a question related to a purchase such Seller’s Items of Clothing or Listings;
- contact a Buyer for any purpose other than asking a question related to a sale of Items of Clothing or such Guest’s use of the Site, Application and Services;
- recruit or otherwise solicit any Seller or other Member to join third-party services or websites that are competitive to SecretCloset, without SecretCloset’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a Host or Guest and then complete a booking of an Accommodation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to SecretCloset’s provision of the Services or for any other reasons (The given provision shall be valid in case such Commission is applied);
- as a Seller, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
post, upload, publish, submit or transmit any Content that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, SecretCloset’s name, any SecretCloset trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without SecretCloset’s express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, SecretCloset’s computer systems, or the technical delivery systems of SecretCloset’s providers;
- attempt to probe, scan, or test the vulnerability of any SecretCloset system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by SecretCloset or any of SecretCloset’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
SecretCloset has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
SecretCloset may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to
- respond to claims asserted against SecretCloset or to comply with legal process (for example, subpoenas or warrants),
- enforce or administer our agreements with users, such as these Terms
- for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or
- protect the rights, property or safety of SecretCloset, its users, or members of the public .
You acknowledge that SecretCloset has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
SecretCloset reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that SecretCloset, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the Russian Federation and foreign countries.
You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of SecretCloset and its licensors.
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Subject to your compliance with these Terms, SecretCloset grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.
Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application
- on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and
- as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. SecretCloset reserves all rights in the Application not expressly granted to you by these Terms.
SecretCloset Content and Member Content License Subject to your compliance with the terms and conditions of these Terms, SecretCloset grants you a limited, non-exclusive, non-transferable license, to
- access and view any SecretCloset Content solely for your personal and non-commercial purposes and
- access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SecretCloset or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to SecretCloset a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services.
SecretCloset does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that:
- you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to SecretCloset the rights in such Member Content, as contemplated under these Terms; and
- neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or SecretCloset’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Links The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that SecretCloset is not responsible or liable for:
- the availability or accuracy of such websites or resources; or
- the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SecretCloset of such websites or resources or the content, products, or services available from such websites or resources.
You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of SecretCloset used herein are trademarks or registered trademarks of SecretCloset.
Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”).
You may submit Feedback by emailing us at email@example.com.
You acknowledge and agree that all Feedback will be the sole and exclusive property of SecretCloset and you hereby irrevocably assign to SecretCloset and agree to irrevocably assign to SecretCloset all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
At SecretCloset’s request and expense, you will execute documents and take such further acts as SecretCloset may reasonably request to assist SecretCloset to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
SecretCloset respects copyright law and expects its users to do the same. It is SecretCloset’s policy to terminate in appropriate circumstances the SecretCloset Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Suspension, Termination and SecretCloset Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your SecretCloset Account.
If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you:
- your SecretCloset Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your SecretCloset Account, your Member Content, or receive assistance from SecretCloset Customer Service,
- any pending or accepted future request to you as Seller will be immediately terminated,
- we may communicate to your Buyers that a potential or confirmed request has been cancelled,
- we may contact your Buyers to inform them about potential alternate Items of clothing with other Sellers that may be available on the Site, Application and Services, and € you will not be entitled to any compensation for requests (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your SecretCloset Account.
You may cancel your SecretCloset Account at any time via the “Cancel Account” feature of the Services or by sending an email to firstname.lastname@example.org.
Please note that if your SecretCloset Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SECRETCLOSET DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, SELLERS AND BUYERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SECRETCLOSET EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SECRETCLOSET MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ITEMS OF CLOTHING, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SECRETCLOSET MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ITEMS OF CLOTHING, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SECRETCLOSET OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SELLERS AND BUYERS. YOU UNDERSTAND THAT SECRETCLOSET DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW ANY ITEMS OF CLOTHING. SECRETCLOSET MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, SELLERS AND BUYERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SECRETCLOSET. SECRETCLOSET EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR COMISSION OF ANY BUYER OR OTHER THIRD PARTY. Limitation of Liability YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR REQUEST IN RELATION TO ANY ITEM OF CLOTHING VIA THE SITE, APPLICATION AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF SECRETCLOSET WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER SECRETCLOSET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR PURCHASE OF ANY ITEM OF CLOTHING VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SECRETCLOSET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL SECRETCLOSET’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR PURCHASE OF ANY ITEM OF CLOTHING VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ITEM OF CLOTHING OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS OF ONE HUNDRED U.S. DOLLARS (US$100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SECRETCLOSET AND YOU.
You agree to release, defend, indemnify, and hold SecretCloset and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
- your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms;
- your Member Content;
- your interaction with any Member,
- sending Request in relation to any Item of Clothing, or
- creation of a Listing;
- the use, condition or purchase of an Item of Clothing by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of use or purchase of an Item of Clothing.
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
You acknowledge and agree that
- these Terms are concluded between you and SecretCloset only, and not Apple, and
- SecretCloset, not Apple, is solely responsible for the App Store Sourced Application and content thereof.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.
As between SecretCloset and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SecretCloset.
You and SecretCloset acknowledge that, as between SecretCloset and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:
- product liability claims;
- any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
You and SecretCloset acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who
- engages in offensive, violent or sexually inappropriate behavior,
- you suspect of stealing from you, or
- engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to SecretCloset by contacting us with your police station and report number at : __________________, provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between SecretCloset and you regarding the Site, Application, Services, Collective Content, and any requests or Listings of Items of Clothing made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SecretCloset and you regarding requests or listings of Items of Clothing, the Site, Application, Services, Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without SecretCloset’s prior written consent.
Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
SecretCloset may assign or transfer these Terms, at its sole discretion, without restriction.
Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by SecretCloset
- via email (in each case to the address that you provide) or by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- via email (in each case to the address that you provide) or by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of SecretCloset to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SecretCloset.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.