The following terms of service (the "Terms of Service") stipulate the terms and conditions pursuant to which the website located at http://www.egarmentdistrict.com (the "Website") provided by eGarmentDistrict Inc., (the "Operator"), may be used and accessed.
Your use of the Website is expressly conditioned on your compliance with these Terms of Service. By clicking, accessing or using the Website, you are indicating that you agree to be bound by these Terms of Service. We reserve the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel any feature of the Website, including making any of the changes in its general practices and policies from time to time. We may, in our sole discretion, make changes to these Terms of Service, from time to time. Each time changes are made to these Terms of Service, a revised version of these Terms of Service, will be posted on this page. Your continued use of the Website following such posting of changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Service on this page. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version.
The Website is intended for the use of users over the age of 13. In order to be able to sell or buy on the Website, you must be over the age of 18 or have the permission of your legal guardian.
The Website provides users the ability to upload photos with regards to fashion, to sell fashion items, to purchase such items, to comment on other users' photos and to interact as well as linking to third parties websites.
The Website also enables users to put up for sale fashion items, including original designs of apparel and accessories along with detail photos, a full description of the item including it's possible defects, while specifying the shipping details and costs with a pre announced fixed price (not by means of auction). It enables to then sell these items to users on the site, and pay for such items via PayPal, which then obligates the selling party to send the item to the buyer by the means and costs specified by such seller.
The Operator will not enable commerce in non fashion related items, and reserves the right to remove from the Website items that do not fall within such criteria.
eGarmentDistrict is not directly involved in the transactions on the Website between buyers and sellers. As a result, eGarmentDistrict has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. eGarmentDistrict does not pre-screen users or the content or information provided by users. eGarmentDistrict cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, eGarmentDistrict does not transfer legal ownership of items from the seller to the buyer nor can eGarmentDistrict guarantee the true identity, age, and nationality of a user.
eGarmentDistrict encourages you to communicate directly with potential transaction partners through the tools available on the Website. You may also wish to consider using a third party escrow service or services that provide additional user verification.
You agree that the Website is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Website. You use the Website service at your own risk.
The use of the Website is subject to the applicable and current fees, which consist of a 15% Sales Commission on every successful sale. eGarmentDistrict charges a 10 cent listing fee. These may be amended from time to time.
You agree that you shall not offer the opportunity through the Website to purchase items outside of the Website or use the Website, in any manner, for the sale, or the promotion of a sale, of items outside of the Website.
For more information on the guidelines regarding the use of the Website please refer to: the FAQ's Page.
You are responsible for maintaining the confidentiality of your Account, User Name and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account.
You may not:
(i) select or use a User Name of another person with the intent to impersonate that person;
(ii) use a name subject to the rights of any other person without authorization; or
(iii) use a User Name that the Operator, in its sole discretion, deems inappropriate or offensive.
You shall notify the Operator of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You shall be responsible for maintaining the confidentiality of your Password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at the Operator's sole discretion, and you may be reported to appropriate law-enforcement agencies.
eGarmentDistrict does not claim ownership rights in your content.
You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify the Operator for all claims resulting from material you supply.
As a user of the Website you have the ability to submit content of your own, including but not limited to photos, images, design and other files ("Content"). You retain all rights you already hold in the Content, including, without limitation, copyrights. The Operator makes no guarantees that this Content will be permanently hosted on the Website and/or anyone acting on its behalf. Upon uploading your Content you grant the Operator permission to display the Content within the Website and/or to use it to promote the Website and/or the Operator in other media.
The Operator does not control the Content posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Operator be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the access to or use of any Content posted, emailed, transmitted or otherwise made available via the Website.
You agree to not use the Website to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, pornographic, sexually explicit depicts graphic or gratuitous violence or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, an Operator's official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage with one another;
j. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. "stalk" or otherwise harass another user; or
m. collect or store personal data about other users.
Exclusive ownership of all rights, title and interests in the Website and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Website and the technology related thereto are retained by their respective owners. This provision shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter. Without derogating from any of the provisions herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Website (or any part thereof, or any software underlying the Website), other than as expressly authorized.
The Website contains links to websites which are not part of the Website. Links to third party websites are provided for your convenience and information only. Third party websites are not under Operator's control and the Operator is not responsible for the content or accuracy of those sites or the products or services offered on or through those sites, nor can the Operator guarantee that sites will not change without its knowledge. The inclusion of a link in this Website does not imply the Operator's endorsement of the third party website nor that is the Operator affiliated with the third party website's owners or sponsors.
Any and all trademarks, service marks, product names, and trade names of the Operator appearing on the Website are owned by the Operator. All other trademarks, service marks, product names, and logos appearing on the Website are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Website without the owner's prior written consent.
You agree to indemnify the Operator and its officers, employees, agents and representatives, and to hold them harmless, from any and all losses, claims and liabilities (including attorney's fees) which may arise from your illegal, unauthorized or abusive use of the Website or any other service contemplated thereby.
THE WEBSITE IS PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE OPERATOR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND/OR QUALITY OF SERVICE. THE OPERATOR MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPOSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR DATA STORED ON IT, AND TO ANY DAMAGES TO RECEIENTS' COMPUTER SYSTEMS OR DATA STORED ON RECEPIENTS' COMPUTER SYSTEMS. IN NO EVENT WILL THE OPERATOR BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
THE WEBSITE MAY BE SUBJECT TO CHANGES IN THE OPERATOR'S PRACTICES AND POLICIES REGARDING VARIOUS FEATURES INCLUDED IN THE WEBSITE. IN ADDITION, THE OPERATOR GIVES NO WARRANTY REGARDING THE ONGOING NON-INTERRUPTABLE AVAILABILTY OF THE WEBSITE OR THE TIMES AT WHICH IT WILL BE AVAILABLE.
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof.
(b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the state of Massachusetts, and the eligible courts in the district of Massachusetts shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
(c) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the express written consent of the Operator. Upon reasonable notice posted on www.egarmentdistrict.com, the Operator may assign or transfer this Agreement at its sole discretion.
(d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
You can block people by adding their username to your blocked users list. Visit the Account Settings page to learn more about how to block people. You can block people by adding their username to your blocked users list. Visit the Account Settings page to learn more about how to block people. You can block people by adding their username to your blocked users list. Visit the Account Settings page to learn more about how to block people.
We at eGarmentDistrict take your online privacy very seriously hence:
- We do NOT track your online activities or browsing habits.
- You decide, if and when, to provide us with personal information about yourself.
- The personal information you choose to provide us will not be shared with others.
- We will not spam you.
- The Privacy Philosophy of eGarmentDistrict.
- Submission and Collection of Information.
- How is the Material Being Used?
- E-mail addresses and unsubscribing.
- Communication with eGarmentDistrict.
Your privacy is important to us and we at eGarmentDistrict have chosen to undertake strict safeguards to protect your privacy, and we strive to meet and exceed industry standards.
While using the Website, you may choose or need to provide personally Identifiable Information about yourself such as name, addresses, age and/or e-mail addresses ("Personally Identifiable Information").
You may submit Personally Identifiable Information either through forms on the Website which you can correct, modify or delete before you choose to submit or through email communication. Personally Identifiable Information does not include information that is collected anonymously (i.e., without identification of the individual user) or demographic information not connected to an identified individual.
In addition, Non-Personally Identifiable Information may be provided by you or may be generated by your mere use of Website and/or email communication.
Your Non-Personally Identifiable Information may also include standard internet communications automatically sent by your computer. This information may include: the type of browser, the type of operating system; Internet protocol addresses (including any host name or geographic information associated with these addresses); and information related to your computer system configuration.
In some cases, if you decide not to provide certain information from certain forms on the Website (e.g. email address), you may not be able to complete the applicable process.
You may be asked to provide your email address in order to enable eGarmentDistrict to present you, from time to time, via email communication, with news and updates about its products or other promotional offers from eGarmentDistrict and/or third parties.
If you wish, at any time, to remove your email address from any of such mailing lists, you may unsubscribe by an email to: email@example.com or as otherwise instructed by EGD.
For your convenience, email communication from eGarmentDistrict contains instructions explaining how to unsubscribe from the email mailing lists of eGarmentDistrict.
eGarmentDistrict does not want to receive any confidential, secret or proprietary information and material from you through the Website and/or in any other way. Any information or material submitted or sent to eGarmentDistrict or through the Website, will be deemed not to be confidential or secret. By submitting or sending videos, text, documents, information or other material ("Material") to eGarmentDistrict and/or the Website you (1) warrant that you are the sole owner the Material; that to the best of your knowledge no other party has any rights to the Material; (2) grant eGarmentDistrict an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Material, and you further agree that eGarmentDistrict is free to use any ideas, know-how, concepts or techniques you send for any purpose.
The Material is used to enable you to use the Website; to operate and improve the Website; to communicate with you and respond to your inquiries and to conduct research about your use of the Website.
Your Personally Identifiable Information will not be shared with third parties unless you have consented to the sharing of such information. Your information may be accessed and disclosed if required by legal procedures.