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Terms of Service | Privacy/Data Policy | ©2020 by fitd app corp.

Welcome to Outfitd!

 

These Terms of Use govern your use of Outfitd and provide information about the Outfitd Service, outlined below. When you use Outfitd, you agree to these terms. These Terms of Use constitute an agreement between you and Fitd App Corp.

 

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT-OUT OF ARBITRATION BELOW.

The Outfitd Service

We agree to provide you with the Outfitd Service. The Service is made up of the following aspects (the Service):

  • We build systems and offer products that try to understand what fashion styles, trends, and products you and others care about, and use that information to help create more value for you as a user on Outfitd.

  • Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service.

  • Ensuring a stable infrastructure for our Service.
    To provide our Service, we must store and transfer data across our systems around the world, including outside of your country of residence. This infrastructure may be owned or operated by various cloud providers.

  • We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.

 

The Data Policy

Providing our Service requires collecting and using your information. The Data Policy explains how we collect and use data. Your use of Outfitd implies consent and agreement  with the Data Policy.

 

Your Commitments

In return for our commitment to provide the Service, we require you to make the below commitments to us.

 

Who Can Use Outfitd. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to use Outfitd.

  • You must be at least 13 years old.

  • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.

  • We must not have previously disabled your account for violation of law or any of our policies.

  • You must not be a convicted sex offender.

How You Can't Use Outfitd. Providing a safe and open Service requires that we all do our part.

  • You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.

  • You can't do anything to interfere with or impair the intended operation of the Service.

  • You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.

  • You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.

  • You can’t use any images, content, or intellectual property that you don’t have a license to use to create content on Outfitd. Fitd App Corp does not take responsibility for unlawful use of intellectual property.

Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.

  • We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you create on or through the Service. Instead, when you upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your application settings). You can end this license anytime by deleting your content or account. To learn more about how we use information, and how to control or delete your content, review the Data Policy.

  • You agree that we can update the Service on the web or any of your devices where you use Outfitd.

 

Additional Rights We Retain

  • If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).

  • You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Content Removal and Disabling or Terminating Your Account

  • We can remove any content or information you share on the Service if we believe that it violates these Terms of Service, our policies or if we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Service or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, please send us a message.

  • Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted.

 

Our Agreement and What Happens if We Disagree

  • If any aspect of this agreement is unenforceable, the rest will remain in effect.

  • Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.

  • We reserve all rights not expressly granted to you.

 

Who Has Rights Under this Agreement.

  • This agreement does not give rights to any third parties.

  • You cannot transfer your rights or obligations under this agreement without our consent.

  • Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

 

Who Is Responsible if Something Happens.

  • Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

  • Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

  • You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

 

How We Will Handle Disputes.

  • Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Outfitd ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Outfitd users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

  • Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.

    The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Data Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.


    This arbitration provision is governed by the Federal Arbitration Act.
     

  • You can opt-out of this provision within 30 days of the date that you agreed to these Terms. To opt-out, you must email us your name, residence address, username, email address or phone number you use for your account, and a clear statement that you want to opt-out of this arbitration agreement.

  • Before you commence arbitration of a claim, you must email us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your account, a detailed description of the dispute, and the relief you seek. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

  • We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $5,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.

  • The laws of the District of Columbia, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

 

Unsolicited Material.

We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

 

Updating These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account, by emailing us.

Revised: January 29, 2020