You shall register on this Site in order to use certain of the Site functions. If you just want to browse this Site, registration is optional.
During registration, you will be required to provide contact information including an email address, username and password. You may select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark,or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of ModeSens and the Site including our blogs. ModeSens reserves the right to reject or remove any username.
For certain of our functions, such as the purchase of products and services, you are required to provide your name, address and billing, and credit card information. You are required to provide accurate and complete information.
- Age of Users
- Non-Commercial Use
This Site and its contents are for your own personal non-commercial use only.
- ModeSens Privacy Statement
Your use of this Site signifies your continuing consent to the ModeSens Privacy Statement, which you can examine any time by clicking on the \"Privacy\" link on the Site.
Personal information that you supply to ModeSens, and any information about your use of ModeSens that we obtain will be subject to the ModeSens Privacy Statement on this Site.
- Changes to ModeSens
We may discontinue or change any ModeSens content, service, function or feature at any time with or without notice.
- Proper Use of This Site
When you use our blogs or other social and communications functions, you agree at all times to comply with the ModeSens Community Guidelines, which you may access with the Community Guidelines link on the Site. You may use ModeSens for lawful purposes only and may use the Site only in ways consistent with the law.
You shall not use any program, spider or \"bot\" to gather or \"harvest\" information from this Site.
- Proprietary Rights
All materials displayed or performed on the Services, or which may be made available for you are protected by copyright. These materials include text, blogs, graphics, articles, photographs, images, illustrations video, User Submissions, etc. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (1) without the express prior written consent of the respective owners, and (2) in any way that violates any third party right.
- Electronic Delivery Statement and Your Consent
- Content That You Supply
ModeSens may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, any applicable EULA or the Community Guidelines. Content that violates applicable rules may be removed.
If you post any content on any blog or other public area of the Site, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.
- No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post,but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
- Third Party Sites and Advertisers
ModeSens may include on the Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that ModeSens is not responsible for any claim or loss due to a third party site or any advertiser.
- Disclaimer of Warranties
We provide this Site and its contents \"as is.\" We and our suppliers make no express warranties or guarantees about this Site. To the extent permitted by law, we and our suppliers disclaim implied warranties including any warranty that the site is or will be merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that this site or its content will meet your requirements, is error-free, reliable, or will operate without interruption. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
- Limitation of Liability
You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- International Use
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.
- Choice of Law and Location for Resolving Disputes
- Severability and Integration
- Reporting Claims of Copyright Infringement
ModeSens respects the intellectual property of others and takes claims of copyright infringement seriously. ModeSens will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any material (including photographs and digital images) located on or available through the site infringes your copyright or is the subject of infringing activity, you may request that ModeSens remove or disable access to such material by submitting written notification to the copyright agent ModeSens has designated with the United States Copyright Office (“Copyright Agent”) at the following address:
c/o ModeSens Inc. Copyright Agent
5900 Balcones Drive STE 100
Austin, TX 78731 USA
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notification must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider 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 at which the complaining party may be contacted.
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 the law; and
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.
If your written notification fails to substantially comply in supplying the information required under the DMCA, your written notification may be ineffective. Our Copyright Agent will promptly attempt to contact you or take other reasonable steps to assist in the receipt of notification that substantially complies.
Please be aware that if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material on the site was removed or access to it was disabled by mistake or misidentification, you may request that ModeSens replace the removed material and cease disabling access to it by submitting a written counter notification to our Copyright Agent at the following address:
DMCA Counter Notifications
c/o ModeSens Inc. Copyright Agent
5900 Balcones Drive STE 100
Austin, TX 78731 USA
Pursuant to the DMCA, your written counter notification must include substantially the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Dallas County, State of Texas, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.
Following receipt of your written counter notification by our Copyright Agent, ModeSens will promptly provide a copy of your written counter notification to the person, or the person’s agent, who provided notification of the alleged copyright infringement, and inform that person that ModeSens will replace the removed material and cease disabling access to it in ten (10) business days.
The DMCA allows ModeSens to replace the removed material and cease disabling access to it in ten (10) to fourteen (14) business days following receipt by our Copyright Agent of your written counter notification, unless our Copyright Agent first receives notice from the person, or the person’s agent, who provided notification of the alleged copyright infringement that said person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the site.
Please be aware that if you knowingly materially misrepresent that material or activity on the site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
- Promotion and Publicity
We may collect and store information about publicly accessible content on your website, application or other content (such as your website name and website content). Among other things, we may use this information to recommend certain Merchants and for advertising and marketing related activities.
When you begin using links, scripts, cookies and other technologies provided by ModeSens, we will collect and store information about your users and readers. We use this information for commission processing and data analysis, among other things. Due to system limitations some tracking is not fully supported by the merchants and cannot be tracked at the user level. ModeSens reserves the right to final interpretation.
- Marketplace Listing and Purchase Conditions
As part of the Services, you may choose to post a Listing to the Services. You hereby acknowledge and agree that:
You are solely responsible for the accuracy and content of any Listing;
We cannot guarantee exact Listing durations;
User Content, including without limitation any Listing, that violates this Agreement may be modified or deleted at our sole discretion;
We reserve the right in our sole discretion to delete any Content (including Listings) for any reason whatsoever without notice to you, including without limitation because we believe for any reason that a Listing may include replica (and not original) or counterfeit items or for curatorial or editorial reasons;
When you Accept Payment, you enter into a legally binding contract with the applicable Shopper, pursuant to which (A) you agree to ship such goods to such Shopper in accordance with this Agreement and (B) title to and ownership of such goods automatically passes to that Shopper upon your shipment of such goods;
We do not transfer legal ownership of applicable goods from an applicable Seller to an applicable Shopper and have no responsibility or liability in connection therewith.
As part of the Services, you may submit an offer to buy goods included in a Listing through the Services. All goods included in Listings are provided by ModeSens users and not ModeSens. You hereby acknowledge and agree that:
You are solely responsible for reading the full item listing before offering a bid or commitment to buy;
When you use the Services to commit to pay a certain amount of money to an applicable Seller for goods included in an applicable Listing and you are notified through the Services that such Seller accepts such offer, you enter into a legally binding contract with such Seller to attempt in good faith to purchase such goods;
We do not transfer legal ownership of items from the Seller to the Shopper and have no responsibility or liability in connection therewith;
Your purchases through the Services are transactions between you and the applicable ModeSens user and not with us or any of our affiliates;
We do not in any instances make any representations, warranties or guarantees as to whether an applicable Seller will choose to Accept Payment or Reject Payment, and we have no liability to you with respect to any such choice;
We are not a party to your payment transaction for such purchases;
We do not employ or control any Third Party Sites;
We do not design, manufacture, store, ship or otherwise control any goods or services made available for purchase by ModeSens users or Third Party Sites;
We do not make any representations or warranties with regard to any goods made available through the Services or your potential related experiences.
Prior to purchasing products from any third party (including any ModeSens user) described on the Site or Services, you are advised to independently verify the applicable information and read any applicable third parties’ sales, legal and privacy policies. Although we may choose in our sole discretion to intervene or attempt to resolve a dispute between you and other ModeSens users or Third Party Sites, you agree that we have no obligation to do so and that all transactions are ultimately solely between you and the applicable ModeSens users or Third Party Site. In order to submit an offer to purchase goods through the Services, you must be at least 18 years old and have a valid Payment Method (as defined below), with full authority to use it.
- Marketplace Prices; Colors; Availability
Any prices of goods included in any Listing are set by the ModeSens user that provides the applicable goods and are subject to change.
While we attempt to be as accurate as possible, ModeSens does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor’s display of any color or style will be accurate. If a product offered by ModeSens is not as described, your sole remedy is to return it in unused condition.
Although we try to display updated Listings on the Services, the availability of goods on the Services may change at any time, without notice.
ModeSens prohibits the sale of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel. Brands sold on the Website are not partnered or affiliated with ModeSens in any manner. However, ModeSens fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods.
- Trademark Notice
All third party brand names and logos used in any commercial context by ModeSens are trademarks and/or registered trademarks of their respective holders. If you believe that any material (including photographs and digital images) located on or available through the site infringes your copyright or is the subject of infringing activity, please refer to “Reporting Claims of Copyright Infringement” following DMCA practices.
- Marketplace Title and Transaction Restrictions
You acknowledge that at no time will we take title to any goods included in a Listing. You hereby represent and warrant that you are the owner of any goods that you include in a Listing, free and clear of any liens or encumbrances, and when you Accept Payment from another ModeSens user who successfully submits payment to you for such goods and becomes the Shopper in accordance with this Agreement, you will ship such goods to such Shopper in accordance with this Agreement, and upon such shipment, title to and ownership of those goods automatically passes to that user. We do not take, assume or transfer legal ownership of any items included in a Listing. You, as a Seller, acknowledge that you hold title to any such items, we are not a consignee, bailee, agent or auctioneer with respect to such items and we are merely an interactive service provider.
- Marketplace International Buying and Selling; Currency Conversion
Our Services are accessible to international Sellers and Shoppers. Sellers and Shoppers are responsible for complying with all laws and regulations applicable to any international sale, purchase or shipment of goods. If explicitly stated in an applicable Listing, you may restrict international Shoppers from purchasing applicable goods using the Services. We may offer certain features or functionality of particular interest to international Sellers and Shoppers, such as local currency conversion services (which may be made available or provided by Third Party Sites). The accuracy and availability of any such currency conversion services are not guaranteed.
- Return and Refund Policy
Except as otherwise stated, you have 14 days after receiving your order to decide if you want to keep or return your items. Returned items will be credited back to you for the full amount of the purchase price, less a return shipping fee, in the refund in your original form of payment. Original shipping charges will not be credited or refunded when returning items.
Please note that we will only offer a refund for items if they are returned to a ModeSens seller on a timely basis and are in the same condition in which you received them. If you do not meet these requirements, your returned item will be forfeited.
We want you to be 100% satisfied with our Services. If you are less than satisfied, please contact our Customer Service by email at firstname.lastname@example.org so that we can help you resolve the issue.
- Assisted Checkout
By user ModeSens Assisted Checkout service, you hereby acknowledge and agree that:
Shipping and handling charges may not be refunded by the partner store fulfilling the order. Additionally, the cost of return shipping may be deducted from customers' refund.
Customers acknowledge ModeSens may act on their behalf when providing Assisted Checkout services and with respect to order issues placed with partner stores.
We reserve the right to refuse service or assistance with orders for any reason at any time. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be fraudulent.