DONTCOPYMYDRESS TERMS OF SERVICE

Last Updated: 7th February 2019

1. OVERVIEW

This Terms of Service (herein as “TOS”) is provided by Dontcopymydress LLC (herein as “DCMD” or “we” or “us” or “our”). This TOS governs our Users’ use of www.dontcopymydress.com (herein as “the Site”) for the use of the services we make available through it. The Site is made available for Girls (herein as “User,” “you” or “your”) who desire to register a dress or search for a dress, register for events, rent or buy a dress, and/or otherwise share information about their dress through their social media accounts (collectively “our Services”). This TOS also contains your rights and how disputes can be settled in the event one arises. DCMD operates from Tulsa, Oklahoma, being the state we are located. For further inquiries, ideas, suggestions, comments, questions, and feedback regarding our Services and the Site, please use our contact details found at the bottom of the TOS page.

This TOS and our Services can, however, be reviewed, modified, updated, changed or adjusted (collectively, “Modification” or “Modifications”) due to new developments such as changes in law and possible developments to our Services. The date in which any Modification occurred to this TOS will be written at the top of this page. In addition, any time you visit our Site, check the date of this TOS and review if there are Modifications made to it from the last time you used it.

Our Site is governed by the local, state, and federal laws of the United States of America (“U.S.”) being the country where we are located. If you are using the Site from other locations, you represent and confirm to us that you have the authority to access the Site or use our Services and that you are not breaching any relevant law in your location.

BY ACCESSING THE SITE AND USING OUR SERVICES, YOU HEREBY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS STATED IN THIS TOS. SUCH CONSENT WILL BE EFFECTIVE WHEN YOU ADMIT YOUR ACCEPTANCE UPON SUBMITTING YOUR INFORMATION DURING REGISTRATION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS IN THIS TOS OR ANY MODIFICATION THAT MAY BE MADE TO IT SUBSEQUENTLY, YOU SHOULD NOT ACCESS THE SITE OR USE OUR SERVICES.


2. SERVICE DESCRIPTION

Our Services is made available to Users who desire to be aware if another user will be wearing a similar dress the User desires to the same event or not. The Site is also designed to meet the needs of Users that need to search for a dress for a particular occasion or otherwise register their dress for the occasion. Users can also make use of the Site to register for an event, share information about their dress through their social media account on the Site, and rent a dress or buy it. You hereby represent to us that you will only use the Site only for the above-listed services and not for any other activities.


For the performance of our Services, Users will be uploading the pictures of dresses they bought from their respective stores or websites. It is DCMD’s obligation to post these dresses on the Site for other Users to reference them. We are hereby released from all copyright infringement claims from any third party regarding the reposting of dresses uploaded by our Users.


3. YOUR REPRESENTATIONS AND WARRANTIES
3.1 Regarding your Registration

By using our Services, you now represent to us that;

a. The information you provided during your registration is accurate and true;

b. You will update your information when the needs arise;

c. Your login details (username and password) will be kept confidential, and only you will have access to your account;

d. You are eligible to access our Site and use our Services, and more importantly, you are 13 years of age or above; and

e. By using the DCMD Services, you are not violating any law or regulation in any location you are. If DCMD, however, discovers that the information you have provided us is not true, accurate, complete or current, we have the right to terminate, suspend, limit or restrict your User account.

3.2 Regarding the User Content you provide

User Content may mean any information that is shared on the Site such as your dress information and picture, experience, comments, and social media posts (collectively “User Content”). The User Content you upload to the Site will be treated as non-confidential and non-infringing. When you share your User Content on the Site, you represent that;

a. You are the real owner of the User Content, and you have the right to upload them on the Site which may permit us to use the User Content on the Site;

b. Your User Content is not indecent, filthy, does not ridicule, mock, intimidate, or insult anyone/group, does not rebel against any government, does not violate any relevant rule, law or regulation and does not breach any third party’s privacy;

c. Your User Content does not promote pornography or attempt to induce other users’ negatively; and

d. Your User Content does not have any racial, offensive, sexual, gender or physical comments and other negative comments targeted at a group.


4. CONTENT LICENSE

By posting User Content to any part of the Site or through your social media account, you automatically approve and represent to us that you have the license to approve to DCMD an unrestricted, unlimited, unconditional, irrevocable, non-exclusive, perpetual, fully-paid, royalty-free, transferable, worldwide license and right to host, copy, use, disclose, publish, broadcast, archive, store, publicly perform or display, distribute, and transmit such User Content for our Services including by way of advertising and to allow and approve sublicenses. DCMD does not claim ownership of your dress or any other User Content you may display or share with us.

In our sole right, we have the right to; (i) re-group any image or User Content and place them in locations that are more fitting or (ii) delete or pre-screen all User Contents which we deem fit to be inappropriate or violates this TOS.

Users, by posting pictures of their dress on the Site or any social media linked to the Site, hereby approve DCMD to permit other User a limited, non-transferable, perpetual, royalty-free, non-exclusive permission to download, access, print and use your User Content, not for transfer, distribution, commercial misuse of some sort, but for their purposes.


5. SUBSCRIPTION AND BILLING

DCMD bills you through an online billing account for your subscription for our Services. The subscription fee is solely for notifying you if someone else has registered a dress similar to the one you have purchased for a particular event. A per-event subscription fee will be charged to the payment method you choose. Payment methods include but are not limited to PayPal, Venmo, Apple Pay, etc. You now agree to pay DCMD the per-event subscription fee of $4.99 chargeable via any payment method available on the Site you desire.

DCMD reserves the right to correct any error or mistake in pricing that may be made even if we have already initiated the payment and received it. Additional cost may be charged by the payment provider. DCMD reserves the right to update, increase or modify the cost of subscription in the future without liability to you. Your subscription fees will be charged in U.S. dollars.


6. REFUND POLICY

Once we have charged the sum of $4.99 from your payment method and performed our obligations in relation to our Services, there will be no refund of any kind.


7. PROHIBITED ACTIVITIES

You may not access or use the Site for other activities other than for which DCMD makes it available. The Site may not be used in connection with any commercial activities except those that are specifically endorsed by us. Prohibited activities include but are not limited to:

a. Bypassing/attempting to bypass any measures of the Site designed to prevent access to the Site or any other part thereof;
b. Impersonating/attempting to impersonate another User;
c. Tortious or criminal activities;
d. Decoding, decompiling, disassembling or reverse engineering of any of the software comprising or making up a part of the Site;
e. Deleting the copyright or other intellectual property rights notice from any DCMD Content;
f. Engaging in any automated use of the system such as using any data mining, robots or similar data gathering and extraction tools;
g. Harassing, annoying, intimidating or threatening any DCMD employee or agent engaged in providing any portion of our Services to you;
h. Making any unauthorized use of any of our Services, including collecting usernames, and email addresses of Users by electronic or other means for sending unsolicited email, or creating user accounts by automated means or under pretenses;
i. Interfering with, disrupting or creating an undue burden on the Site or the network or services connected to the Site;
j. Selling or otherwise transferring your User account to a third party;
k. Using any information obtained from the Site to harass, abuse or harm other people;
l. Using our Services as part of any effort to compete with us;
m. Using the Site in a way that is inconsistent with any applicable laws;
n. Using the Site for pornographic related purposes such as uploading of pornographic inducing dresses.


8. TERMS AND TERMINATION

This TOS shall remain in force and effect while you use the Site. Should you desire to terminate your user account any time, for any reason, you may do so by following the instructions for terminating Users’ accounts in your account settings or by contacting us using the DCMD contact information at the bottom of this TOS.

Without limiting the preceding, DCMD reserves the right to terminate, restrict or suspend your User account if you violate your warranties and representations or any provisions in this TOS, the other DCMD agreements and policies or any applicable law or regulation. Such termination may involve removing your profile and deleting all your User Contents. In like manner, we have the right to delete, terminate and hide any User Content including comments and pictures of dresses that do not align with this TOS in our discretion.

If DCMD terminates, restricts or suspends your account for any reason, you are prohibited from creating a new User account under your name, a fake name, or the name of any third party even if you may be acting on behalf of the third party. In addition to terminating, restricting or suspending your User account, DCMD reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive relief.


9. INTELLECTUAL PROPERTY RIGHTS

The content on the Site (“DCMD Content”) and the trademarks, service marks and logos contained therein are owned by or licensed to DCMD, and are subject to copyright and other intellectual property rights under the U.S., foreign laws and international conventions. (Is this referring to the banner on the website since I don’t know if it is copyrighted. Excluding the Site’s background picture, DCMD Content includes, without limitation, all source codes, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. Our trademarks and trade dress may not be used, including as part of trademarks and as part of domain names, in connection with any services in any manner that is likely to confuse and may not be copied, imitated or used, in whole or part, without the prior written permission from us.

The DCMD Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent from us. DCMD grants you a limited license to access and use the Site and the DCMD Content and to download and print a copy of any part of the DCMD Content for your personal, non-commercial use.


10. THIRD-PARTY LINKS

The Site may contain links to third-party sites such as dress sites as well as social media platforms (“Third-Party Links”). These Third-Party Links may be available on the Site for reference purposes only. DCMD does not control nor are we aware of the accuracy of contents available on Third Party Links thereof. If you access Third-Party Links through the Site, you do so at your sole risk. DCMD will not be liable to you for any loss, damage or liability you may encounter while accessing Third-Party Links on the Site. We encourage you to seriously review the Terms and Conditions and policies of Third-Party Links found on the Site before accessing them or otherwise using their contents.


11. MANAGEMENT OF THE SITE

DCMD reserves the right but not the obligation to:

a. Monitor the Site for violations of this TOS;
b. Take appropriate legal action against any User who in our sole discretion violates this TOS, including without limitation, reporting the User to law enforcement authorities;
c. In our sole discretion and without limitation, refuse or restrict access to or availability of, or disable any User Content that may violate this TOS or our Privacy Policy;
d. In our sole discretion and without limitation, notice or liability to remove from the Site or otherwise disable all files and Content that is excessive in size or in any way burdensome in our systems; and
e. Otherwise manage the Site in a way designed to protect our rights and property and the other Users in order to facilitate the proper functioning of the Site.


12. PRIVACY POLICY

DCMD cares about the privacy of our Users. Please review our Privacy Policy to know how we collect, use, disclose, and secure the information we collect from you. By using the Site and our Services, you hereby consent to have your personally identifiable information transferred to and processed in the US. Also, by using the Site and our Services, you are consenting to our use of your personally identifiable information as stated in our Privacy Policy.


13. DISPUTES RESOLUTION

10.1 Between Users In the event of a dispute between User of our Services, or between Users and any third party, you understand and agree that DCMD is under no obligation to get involved. In the event that you have a dispute with any User, you hereby release DCMD, our officers, employees, and agents from claims, demands and damage (actual and consequential) of any type, known or unknown, suspected or unsuspected, disclosed or undisclosed, which may arise out of or in any way related to such disputes and our Services.

10.2 With Micro Help a. Governing Law; Jurisdiction: This TOS and the other DCMD agreements found on the Site shall be governed by and construed by the internal laws of Tulsa County, the State of Oklahoma without regards to conflict of law provisions. Concerning any dispute or claim not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence any action or connection therewith other than in the state and federal courts located Tulsa County, State of Oklahoma, US. Application of the Uniform Computer Information Transaction Account (UCITA) is excluded from this TOS. In no event shall any claim, proceeding or action by you related in any way to the Site or our Services be initiated more than one (1) year after the cause of action arose.

b. Informal Resolution: To expedite resolution and control the cost of any dispute, controversy or claim related to this TOS (“Dispute”), you and DCMD agree to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 15 days before initiating any arbitration or court proceeding. Such informal negotiation commences upon written notices from you or us.

c. Binding Arbitration: If you and DCMD are unable to resolve a Dispute through Informal Resolution as stated above, either you or DCMD may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Application (“AAA”) and where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, DCMD will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will decide in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Tulsa County, the State of Oklahoma. Except as otherwise provided in this TOS, you and DCMD may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

d. Restrictions: You and DCMD agree that any arbitration shall be limited to the Dispute between you individually and DCMD. To the fullest extent permitted by applicable law; (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

e. Exception in Informal Resolution and Arbitration: You and DCMD agree that the following Disputes are not subject to the above provisions concerning Informal Resolution and binding arbitration: (1) any Dispute seeking to enforce or protect any of your or DCMD’s intellectual property rights; (2) any Dispute related to, or arising from allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim from injunctive relief. If this section is found to be illegal or unenforceable, then, neither you nor DCMD will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court having competent jurisdiction within the courts listed for jurisdiction above, and you and DCMD agree to submit to the personal jurisdiction of that court.


14. DISCLAIMER OF WARRANTIES

YOU NOW AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, DCMD MAKES THE SITE AND OUR SERVICES AVAILABLE ON “AS IS” AND “AS AVAILABLE” BASIS AND DISCLAIMS ALL WARRANTIES ABOUT THE SERVICES WHETHER EXPRESSED OR IMPLIED WHICH MAY BE RELATED TO YOUR USE OF THE SITE AND OUR SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE’S CONTENT, OTHER USERS’ CONTENT OR ANY THIRD-PARTY SITE LINKED TO IT WILL BE ACCURATE, COMPLETE OR MEET YOUR NEEDS. WE FURTHER MAKE NO WARRANTY THAT THE SITE WILL NOT CONTAIN ERRORS, INACCURACIES, AND MISTAKES WHEN YOU ACCESS IT. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, INJURY OF ANY FORM THAT MAY RESULT FROM YOUR USE OF OUR SITE AND OUR SERVICES.


15. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DCMD, OUR AFFILIATES, EMPLOYEES, AND SPONSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE WHATSOEVER WHETHER SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, DIRECT OR INDIRECT INCLUDING DAMAGES RESULTING TO LOST PROFIT OR REVENUE, LOSS OF PRIVACY AND OTHER DAMAGES WHICH IS AS A RESULT OF YOUR ACCESS OF THE SITE AND THE USE OF OUR SERVICES EVEN IF DCMD MAY HAVE HAD A KNOWLEDGE OF SUCH DAMAGE HAPPENING. NOTWITHSTANDING THE LIMITATION OF LIABILITY STATEMENT ABOVE, DCMD’S LIABILITY TO YOU FOR ANY CLAIM WHATEVER SHALL BE LIMITED TO THE AMOUNT YOU PAID AS SUBSCRIPTION OR IN SOME CASES, A TOKEN OF 100USD.

SOME U.S. STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OF SOME DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OF OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDED RIGHTS.

IF YOU ARE LOCATED OR LIVES IN THE STATE OF CALIFORNIA, YOU MAY WAIVE THE CALIFORNIA CODE SECTION 1542. IT HAS IT THAT A GENERAL RELEASE DOES NOT APPLY TO SUCH CLAIMS WHICH THE CREDITOR DOES NOT SUSPECT OR KNOW EXISTS IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF THEY KNEW, IT MUST HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR.


16. INDEMNIFICATION

You now agree to defend, indemnify and hold DCMD, our affiliates, subsidiaries, and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees made by any third party which may arise out of your User Content, your use of our Services or a breach of this TOS and your representations and warranties set forth above. Notwithstanding the foregoing, DCMD reserves the right, at your expense, to assume the exclusive control of any matter in which you are required to indemnify DCMD, and you agree to cooperate, at your expense, with DCMD’s control of such claims. DCMD will use reasonable efforts to notify you of any such claim, action, or proceedings which are subject to this indemnification upon becoming aware of it via your email address.


17. NOTICES

Except we state otherwise, any notices you wish to send to DCMD shall be sent to us via our contact information found in the “Contact Information” section below. Any notices DCMD wishes to send to you including updates to our Services, this TOS and the other DCMD agreements will be sent via the email address you submitted during your registration. Notices shall be deemed to be given twenty-four (24) hours after the email is sent, DCMD is notified that the email address is invalid.

18. USER DATA

We will maintain some data you have transferred to the Site for our Service performance purposes. Although we occasionally perform regular backups of your data, you are primarily responsible for the data you have shared with us for our Services. you hereby acknowledge and agree that DCMD will not be liable to you for any loss resulting from the corruption or loss of such data.


19. ELECTRONIC CONTRACTIONS

Your use of our Services includes the ability to enter into agreements and make electronic transactions. You hereby acknowledge that your electronic submissions represent your agreement and consent to be bound by such agreements and transactions. Your agreement to be bound by electronic submissions applies to all the records that relate to all transactions you enter into in relation to our Services including but not limited to this TOS, our Privacy Policy, and other DCMD agreements. To access and retain your records, you may need to possess some software or hardware which are solely your responsibilities.


20. MISCELLANEOUS

• Entire Agreement: This TOS constitutes the whole agreement between you and DCMD regarding the use of our Services. This TOS supersedes all other agreements that may be available before it.
• No Waiver: The failure of DCMD to exercise or enforce any right or provision of this TOS shall not serve as a waiver of such right or provision. It does not mean we cannot exercise our right later.
• Severability: If any portion or provision of this TOS is found by a law court having competent jurisdiction to be void, invalid or unenforceable, that portion or provision shall be deleted, revisited or severed; however, other portions or provisions of this TOS that are not found to be void or unenforceable shall remain enforceable and in effect.
• No Assignment: You may not assign your rights or user account under this TOS to another User without prior written consent from DCMD. We, on the hand, reserves the right to assign our rights under this TOS to Service providers to perform certain tasks on our behalf.
• Force Majeure: DCMD shall not be held liable or responsible to you or any third party for any failure or delay to perform our obligations if such failure or delay is caused by circumstances beyond our control such as war, internet breakdown, fire, earthquake, government policies, storm, etc.
• No Partnership: There is no form of partnership, joint venture, agency or employment relationship created between DCMD and you as a result of this TOS or your use of the Site and our Services.


17. CONTACT INFORMATION

Would you like to resolve a dispute, file a complaint, make a suggestion, give feedback about the Site or our Services or ask a question, please reach out to DCMD via the contact information as set forth below:

Dontcopymydress Email Address:
Phone number: 913-303-7377
P.O Box: 1256, Jenks, Ok 74037

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