The website www.DressTrack.com (hereinafter “Website”) is owned and operated by Kreative Star LLC Limited Liability Company (hereinafter “we” “us” “our”).
Please read all Terms & Conditions before using our Website – by visiting and using this Website, you (hereinafter “visitor” “you” “your”) are consenting that you have read these Terms & Conditions, and agree to be bound by them.
Use of Website
- To access or use our Website, you must be 18 years or older and have the requisite mental capacity to enter into these Terms & Conditions. By using this Website, you represent that you are at least 18 years old and that you agree to be bound by these terms and conditions. Any use of this website by anyone under 18 constitutes an unauthorized use and a violation of these terms and conditions; we do not authorize the use of this Website by anyone under 18.
- Please note these Terms & Conditions may be subject to changes or updates at any time, and Website may not provide notice of such changes or updates. We reserve our right to make any changes or updates at any time, and the burden is on the user to routinely check these Terms & Conditions for updates. By continuing to use our Website and the content we produce, you confirm you agree to be bound by the Terms & Conditions as they appear, whether or not you have read them. If you are not in agreement with these Terms & Conditions, please do not use our Website or any of the Content that appears thereon.
Licensee / Licensor Rights: Our Limited License to You
Acceptance. By accessing, browsing, or using our Site, you agree to be unconditionally bound by these Terms. You can accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in any agreement, electronic form, or the user interface for any service we offer, or by actually using the Site. If you are accessing the Site or Services on behalf of a legal entity, you represent and agree that you are authorized to act on behalf of the legal entity and to bind such legal entity to these Terms. These Terms will remain in effect while you use the Site or the Services. If you do not agree and accept these Terms, you may not use, and must immediately cease all use of, the Site and our Services. If you have any questions regarding these Terms, please contact us at request (@) DressTrack (.) com.
Additional Terms. Prior to access and use of certain areas of the Site or other Services, you may be presented and required to agree to additional terms in lieu of or in addition to these Terms (“Additional Terms”). Additional Terms may be presented online or offline, in either electronic or hardcopy form. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms will govern.
Communications. We may use your contact information to communicate with you about your use of our Site or Services. For example, we may send you service announcements or administrative communications by email, phone, mail or other means. You understand that you receive these communications as part of your use of the Site or Services.
User Generated Content. Site visitors may have the opportunity to publish, transmit, submit or otherwise post on the Site comments, photos, or other materials information, content, graphics, text, images, software, sound files, video, communications, documents, or other materials that are provided, posted, uploaded, or otherwise submitted to the Site by users of the Site (“User Generated Content”). Site visitors must provide DressTrack with a valid email address in order to publish User Generated Content. DressTrack does not control and is not responsible or liable for any User Generated Content.
You acknowledge, represent, and agree that all User Generated Content submitted by you (“Your Content”) is submitted voluntarily and is not confidential or proprietary and that DressTrack not treat it as such. You grant to DressTrack a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license to Your Content to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer to sell, and sell, rent, lease or lend copies of Your Content (and derivative works thereof), and to publish your name and other information about you in connection with Your Content. DressTrack reserves the right to, but is under no obligation to, post, moderate or modify User Generated Content on the Site and may, in its discretion, edit, block, refuse to post, or remove any User Generated Content (including Your Content) at any time. You represent and warrant that you have the rights necessary to grant the rights in this paragraph and that Your Content does not infringe the rights of DressTrack or any third party or violate any agreement with DressTrack or any third party, or any applicable law. If DressTrack suspects violations of the foregoing, DressTrack may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You are solely responsible for Your Content and any other User Generated Content you provide to DressTrack or make available through the Site.
Site Security Features. You are strictly prohibited from violating or trying to violate the security features of the Site, such as by:
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing
- Attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing.”
- Sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
You hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents that we make available on this Site and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Privacy Notice. When you use or access the Site, you authorize DressTrack to collect, use, transmit, process, and store information about you in accordance with our Privacy Notice.
Support and Availability. DressTrack aims to provide the Site in accordance with these Terms, but has no obligation to provide support in relation to the Site, Content, your Account, or User Generated Content. DressTrack does not guarantee the availability of the Site, Content, your Account, or User Generated Content and your access is permitted only if and when they are available. The Site may be unavailable for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, DressTrack reserves the right to discontinue your access to the Site, your Account, or to any Content provided or made available to you through use of the Site at any time without notice to you. If you would like to request support for the Site, please contact us at request (@) DressTrack (.) com.
Changes To These Terms. DressTrack reserves the right to change these Terms at any time. DressTrack will give you notice of any changes by making the updated Terms available through the Site, sending you an e-mail, or by any other reasonable means. The updated Terms are binding on you as of the effective date indicated therein. If you do not want to agree to the updated Terms, you must terminate your Account and stop using the Site and Content. Your continued use of the Site after the effective date will constitute your acceptance of the updated Terms.
Third-Party Products and Services. You may need to use or obtain additional products or services in order to use the Site or Content, such as internet access, a device, or a data connection. You must obtain all third-party products and services separately and pay all associated charges. DressTrack does not endorse, sponsor, or have control over any third-party products or services and will not be responsible for any third-party products or services.
Termination. You may discontinue use of our Services at any time. However, DressTrack is under no obligation to issue a refund for any prepaid fees associated with your use of our Services. DressTrack reserves the right to terminate your use of our Services, these Terms, and/or suspend or terminate the Site at any time with or without prior notice. Any rights or obligations contained herein intended by their nature to survive termination shall remain in effect after such termination.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. DRESSTRACK AND ITS SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, DRESSTRACK, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE SITE, CONTENT, OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. THE SITE, CONTENT, AND USER CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.
Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DRESSTRACK OR ANY SUPPLIER, OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, CONTENT, OR USER CONTENT, EVEN IF DRESSTRACK OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability and Exclusive Remedy. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED ELSEWHERE IN THESE TERMS, DRESSTRACK AND ITS SUPPLIERS’, AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, CONTENT, OR USER CONTENT, WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SITE UP TO U.S. $100.00. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, THE SITE, CONTENT, OR USER CONTENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES WHICH WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.
Independent Remedies. The Disclaimer of Certain Damages paragraph is independent of your Exclusive Remedy described in the preceding paragraph, and it survives even if the Exclusive Remedy fails its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability set forth herein applies without regard to whether loss, liability, or damage arises from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
Notice on Potential Limits of Terms. Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in these Terms shall be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this paragraph may not apply to you.
Indemnification. You agree to defend, indemnify, and hold Kreative Star LLC and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your User Generated Content or your use of the Site; (b) any violation by you of these Terms; or (c) your violation of any another party’s rights or applicable law. Kreative Star LLC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Kreative Star LLC in asserting any available defenses.
Class Action Waiver. You hereby waive any right to commence or participate in any class action lawsuit against Kreative Star LLC related to any claim, dispute or controversy, and, where applicable, you hereby agree to opt-out of any class proceeding against VERNIER otherwise commenced.
Geographic Restrictions. Kreative Star LLC controls and operates the Site from its office within the United States. You acknowledge that you may not be able to access all or some of the Site, or Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you choose to access the Site or Services from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
Contact. DressTrack will provide all notices (including legal process) that DressTrack is required to give by any lawful method, including by making notice available through the Site or by sending it to any e-mail or mailing address that you provide to DressTrack. You acknowledge that if you do not provide DressTrack with current and accurate contact information, DressTrack may not be able to contact you. You agree to send DressTrack notice by email to request (@) dresstrack (.) com.