Clothing Vault Terms and Conditions

By registering and using ClothingVault.com, you are agreeing to Clothing Vault’s Terms and Conditions.

ClothingVault.com can not be held liable in any way, shape, or form for any lost earnings, earning potential, or loss. Use of this service is completely at your own risk.

The ClothingVault.com site works with most major browsers including Internet Explorer and FireFox. JavaScript should be activated.

Minors must have guardian(s) authorization to use this site. As a guardian of a minor, upon granting permission to use ClothigVault.com to any minor, you acknowledge that you are solely and fully responsible for all conditions of this Agreement as they pertain to any minor who is under your control, authority, or supervision. To use ClothingVault.com, you acknowledge that you are of the majority or legal age or that you have obtained the permission of your parent, legal guardian or supervising adult, to use ClothingVault.com.

By using ClothingVault.com, you agree that you will not, for any unlawful purposes, including but not limited to, submitting, posting, viewing, transmitting, reproducing and/or distributing any content that: (a) jeapordizes confidential information or a trade secret, (b) infringes copyright, or any other form of an author's protection by law, (c) is injurious or defamatory to any entity or individual, (d) threatens or brings harm to persons or property or otherwise harasses any person and/or (e) violates any other criminal, civil/local law, and/or (f) violates any individuals's right to publicity or privacy rights.

As used herein, "content" shall mean all text, graphics, photographs, pictures, drawings, animation, audio, video, and any other material submitted, posted, viewed, transmitted, reproduced and/or distributed by any person or entity in connection with ClothingVault.com. You are prohibited from storing, posting, distributing or transmitting any unlawful content at ClothingVault.com. Examples of unlawful content include, but are not limited to, direct threats of physical harm, stalking, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Other prohibited content includes but is not limited to: (a) programs containing Trojan horses, virus and/or tools to compromise the security of ClothingVault.com and/or other sites, (b) solicitations or advertisements, (c) suggestions or encouragement of illegal activity, (d) private information about any individual such as phone numbers, addresses, Social Security numbers or any other private information, (e) duplicative posting or "spamming", and (f) indecent or pornographic material.

ClothingVault.com shall have the right, but not the obligation, to monitor the content on ClothingVault.com, including but not limited to, the forums and ‘closets’. ClothingVault.com reserves the right to remove and destroy any photographs, literature, information or any other content from ClothingVault.com that is not within the limited scope of authorized use. However, you agree that ClothingVault.com shall NOT be responsible for screening, policing, editing or monitoring any content or other material submitted, posted, viewed, transmitted, reproduced and/or distributed by any person on ClothingVault.com. You also agree that ClothingVault.com will be not responsible or held liable for any and all content that was removed and/or destroyed due to it not being within the limited scope of authorized use.

You agree not to use another person's password except as explicitly authorized by ClothingVault.com with a visitor's password (if applicable). You agree to keep your password secret unless specifically authorized to provide a visitor's password to another person. ClothingVault.com may monitor the security of your password at any time. If your password is determined to be insecure by ClothingVault.com, ClothingVault.com may at its sole discretion change your password.

We strive to protect your privacy and provide a safe online environment for all of our users and subscribers. Privacy is important to everyone, and ClothingVault.com understands you want to protect it. Your account information is only visible to select ClothingVault.com employees for purposes of updating and/or maintaining the site. Images in your private closet area are also available to view if you grant access to your closet area to another person, if you make your closet public or post the images on a different section of the site or on a different site. By posting images to your closet, you agree that any and all content may be accessed, collected and used by anyone visiting your closet. ClothingVault.com employees will not make public any material in your account area, unless required to do so by law. It may also be made public, if ClothingVault.com feels it must be made public, in the following conditions: (a) to protect and defend the rights of ClothingVault.com, or (b) in an emergency situation to guard and protect the personal safety of the public or guests of any ClothingVault.com site. Please see and read our Privacy Policy (HYPERLINK) which is also a part of this Agreement.

When making an online purchase at ClothingVault.com through PayPal.com(tm), PayPal.com(tm) uses a secure server. When your browser communicates with a secure server all information is encrypted through SSL (Secure Sockets Layer), keeping it 'hidden' from people or organizations not involved in the transaction. SSL, and other technology, makes it safer to transmit your personal information over the Internet.

When you sign up for ClothingVault.com online, we ask for your first name, last name, email address, password, and birthdate (these are required fields). We also ask for other optional information such as your mailing address and other optional questions. This information is stored in our member's database along with your account information. This information is only used to create an account for viewing and storing photos online in your closet. Your username and password are required to login and gain access to your closet and other account features. When you make an online purchase, such as an upgrade to your existing account, the information you provide allows ClothingVault.com to process, fulfill, and then to notify you of your order status. If using such services as PayPal.com(tm), ClothingVault.com will only need your name, email address, and account information, which is stored along with a record of the products you purchase.

ClothingVault.com collects certain information (e.g., name and e-Mail address) that is necessary to upkeep ClothingVault.com. This information is collected from all our registered users. ClothingVault.com may collect other information (e.g., mailing address or telephone number) so that ClothingVault.com may more efficiently communicate with you, if necessary. ClothingVault.com may keep a record of your activity on the ClothingVault.com web-site, or related sites, for maintenance reasons.

THE MATERIALS, CONTENT, SERVICES AND PRODUCTS OF ClothingVault.com ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ClothingVault.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ClothingVault.com DOES NOT WARRANT THAT ANY PART OF ClothingVault.com WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ClothingVault.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, CONTENT, SERVICES OR PRODUCTS OF THIS SITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ClothingVault.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ClothingVault.com DOES NOT GUARANTEE OR WARRANT THE SUBJECT, ACCURACY, QUALITY OR LEGALITY OF ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH ClothingVault.com, ANY RELATED SERVICES, OR BY ClothingVault.com MEMBERS AND/OR GUESTS. THE DISTRIBUTION, USE OR PUBLICATION OF ANY CONTENT WITHIN ClothingVault.com DOES NOT IMPLY OR CONSTITUTE AN ENDORSEMENT BY ClothingVault.com OF SUCH CONTENT, OR OF ANY COMMENTS OR OPINIONS CONTAINED IN SUCH CONTENT. ClothingVault.com explicitly disclaims any responsibility for the content, accuracy, or availability of information found on sites that link to or from third parties not associated with ClothingVault.com. ClothingVault.com cannot and will not be held responsible for the accuracy, copyright legality, decency, or compliance of any material contained in third-party sites, and you hereby irrevocably waive any claim against ClothingVault.com with respect to such sites.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ClothingVault.com BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT ARISING OUT OF YOUR USE OR INABILITY TO USE ClothingVault.com, ANY OF ClothingVault.com’s CONTENT, SERVICES, PRODUCTS AND/OR ANY RELATED SOFTWARE. EVEN IF ClothingVault.com OR AN AUTHORIZED ClothingVault.com REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ClothingVault.com's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE ClothingVault.com WEB SITE.

We reserve the right to refuse, cancel, or suspend service at our sole discretion. ClothingVault.com shall have the right to immediately terminate any and all passwords and accounts of the End User. No refunds will be given if your account is terminated.

By activating your account with ClothingVault.com, you agree to the policies and disclaimers listed in this agreement. Upon requesting an account activation, you are required to accept the disclaimer, policies, and guidelines. If you sign up for an account and do not follow the terms laid out in the terms and conditions, no refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.

Subject to the foregoing, if you do not continue membership with ClothingVault.com, ClothingVault.com will send you an e-mail reminder related to ClothingVault.com services and a warning of possible termination of your membership and deletion of any online content or materials you may have posted. Nothing in this provision is intended to convey any actionable rights to you and no such rights shall exist.

You represent and warrant that you are the sole owner of all rights in content posted by you (including all related copyrights) or that you have the absolute right and license to said content as provided in this section. While you will retain ownership of the copyright or license in the content posted by you, you agree that all content posted by you shall become part of a database in ClothingVault.com, and that ClothingVault.com will own the database and copyright in any derivative works based on the content. In addition, you warrant that all so-called moral rights in those materials have been waived. Neither ClothingVault.com nor any third party using the content in accordance with this section will be obligated to pay you any royalties or other compensation for use of the content.

You agree to defend, indemnify, and hold harmless ClothingVault.com, its officers, directors, employees, agents, successors, subsidiaries, sublicensees and assigns from and against any and all claims, damages, losses, costs and liabilities (including reasonable attorneys' fees and court costs) related to or arising out of any breach of this agreement by you or anyone acting under your direction, authority and control, including without limitation the publication, distribution, exhibit or other use of the content posted by you or by anyone using your account information.

You forever release and waive your right, and that of your minor offspring, assigns and successors, to bring suit against ClothingVault.com and the above-referenced affiliated persons and entities for any injury or damage allegedly arising from ClothingVault.com or your use of ClothingVault.com including without limitation any injury or damage you may suffer as the result of viewing, uploading or downloading any images or content at ClothingVault.com. If you are a California resident, you expressly waive California Code Section 1542, which proves that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY EFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You agree to release any and all claims you have or may have against ClothingVault.com as a result of your use and/or continued use of ClothingVault.com, whether known or unknown.

ClothingVault.com retains the right to amend this agreement at any time, and your continued use of ClothingVault.com constitutes your acceptance of such amendments. If you find changes in these terms in some way that are unacceptable, you agree to discontinue your use of ClothingVault.com.

You agree that this Agreement and any dispute relating to the Agreement, ClothingVault.com or any content used in connection with ClothingVault.com will be governed by and construed in accordance with the laws of the United States and the State of California, as such laws are applied to agreements entered into and to be performed entirely within California between United States residents, without regard to conflicts of law and without regard to the United Nations Convention on Contracts for the Sale of Goods, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree that this agreement will be enforceable by Clothing Vault LLC and assigns against you and your heirs, minor successors, and assigns. You agree that if any provision within this Agreement is found to be void or unenforceable, it will not affect the validity of the balance of this Agreement which remain valid and enforceable. This Agreement is the entire agreement between the parties and supercedes in its entirety any and all written or oral agreements previously existing between the parties. This agreement cannot be amended except as set forth above. No waiver by either party, whether express or implied, of any provision of this Agreement, or any breach thereof, shall constitute a continuing waiver of such provision or a waiver of any other provision of this Agreement.

All references to "us", "our" and "ClothingVault.com" in this agreement are intended to refer to Clothing Vault LLC, ClothingVault.com and its affiliate entities. All references to "user", “end user”, “subscriber”, “member”, "your" and "you" in this agreement are intended to refer to the user who accepts this Agreement by creating an account with ClothingVault.com.

All notices in connection with ClothingVault.com and this Agreement shall be sent via e-mail. The e-mail notice shall be deemed received when it is sent whether or not the e-mail notice has been read or opened.

Copyright 2007 ClothingVault LLC - All Rights Reserved.