The focus of our Site and Service is to let You get feedback, give feedback, communicate with other users, and connect with people like you and be able to share your wardrobe and outfits. The Service is also an online apparel showcase, including but not limited to, apparel, accessories, handbags, jewelry and shoes that provides Members with a platform to curate their closets and a marketplace that connects buyers looking to purchase items (“Buyers”) with sellers willing to sell items from their closets (“Sellers”). Everdrobe will also feature the closets of certain Members and will directly offer items from these featured Members for sale. Members can also send personal messages to other Members. Buyers may write reviews to rate the Seller and share their opinions about the items purchased through the Service.
Purchase and Sale Transactions
Registering for the Service is free; however, Everdrobe charges certain fees for various transactions effected through the Service. When you make a sale, we deduct a 20% fee from your listing price. Unless otherwise stated, all fees are quoted in U.S. Dollars. In addition to the payment of the applicable purchase price for a purchased item, buyers are responsible for paying all shipping costs to Everdrobe and all applicable sales, excise, import, export, VAT and other taxes or duties associated with the purchase and sale of any items through the Service. All such shipping costs and taxes are not included in the listed price for any items made available from sellers through the Service, but will be displayed to buyers before confirmation of any purchase. Sellers are responsible for all income taxes associated with the purchase and sale of any items through the Service. For clarity, all shipping costs paid will be retained by Everdrobe.
CREDIT CARD TRANSACTIONS
To the extent you as a buyer effect any transactions using a credit card, you must use a valid credit card upon purchase. Everdrobe will verify your credit card information (including expiration date and billing address), and will charge your credit card as you conduct an activity through the Service that requires your credit card to be charged. By agreeing to pay for a transaction with your credit card, you authorize us to charge your credit card.
We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.
The Service is only a Venue and Everdrobe is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that users buy or sell on Everdrobe’s marketplace: The Service acts as an open marketplace for users to interact with other users to buy and sell fashion items. Everdrobe only provides a service, is not involved in any transaction between buyers and sellers who use the Service, does not obtain title to any purchased items and does not act as the buyer or seller (or agent for buyers or sellers) with respect to any such transactions. Everdrobe is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that users buy or sell on Everdrobe’s marketplace. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not Everdrobe. Everdrobe does not control the behavior of users of the Service or the information or other content provided by other users that is made available through the Service. As a result, Everdrobe does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, Everdrobe does not guarantee the ability or intent of users to fulfill their obligations in any transactions.
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SITE.
Everdrobe prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including without limitation items listed in our Prohibited which include; the buying or selling of perfume, nail polish, aerosol products, electronics, books, home goods, children’s items, used makeup, used swimsuits, used undergarments and health and wellness products which is hereby incorporated by reference into these Terms of Service.
You must have the legal authority to sell the items that you are listing for sale through the Service. You must describe your item (including the original price) and all terms of sale in your listing truthfully, accurately and reasonably completely. If you accept an offer, you shall complete the transaction with the buyer unless the transaction is prohibited by law or these Terms of Service, subject to the return procedure described below. You are also responsible for payment of the commission to Everdrobe as set forth in the Fee Policy. An offer to sell may be retracted at any time prior to its acceptance, but not after.
If you agree to purchase an item through the Service and confirm the transaction, you are obligated to complete the transaction in accordance with the terms and conditions specified by the seller (e.g., with respect to the listing price), unless the transaction is prohibited by law or these Terms of Service, subject to the return procedure described below.
Upon the confirmation of any purchase and sale transaction through the Service and payment of the required amount by the buyer, Everdrobe will send to the seller's address indicated in the seller's account information a pre-paid shipping label for seller to ship the purchased item to the buyer. The seller must ship the purchased item to the buyer using the shipping label (and corresponding shipping method) required by Everdrobe within 3 days after receipt of such shipping label. If the seller does not ship the purchased item within the required time period, then the seller will be notified that the order will be cancelled unless it is shipped within the time period required in such notice. Upon receipt of confirmation from the buyer that it has satisfactorily received and accepted the purchased item, Everdrobe will credit seller's account in an amount equal to the purchase price received from the buyer, minus a commission to be retained by Everdrobe, as detailed in the Fee Policy. The buyer must confirm its acceptance within 3 days after receipt of the purchased item; if the buyer does not respond within such time period, the purchased item will be deemed accepted. Any funds credited to seller's account may be redeemed by the seller through request for Bank Direct Deposit, Check Request, PayPal or used by seller to purchase items listed by other sellers through the Service.
We do not currently allow returns of items, but we do strive to make our customers happy. If the item you receive is damaged, the wrong item or not as described, or if any items are missing, then you must report the issue to us through the Everdrobe app or website within 3 days after delivery of the purchased item. Alternatively, you can also email us within 3 days after delivery at firstname.lastname@example.org to let us know.
USERS. You may simply browse the Site or Services (a “Visitor“), or you may become a member of Everdrobe (“Member”). Certain areas of the Site or Services, including asking or answering questions through the Services and posting items for sale are restricted for Members only. In the event you provide us with information on the Site or Services, you agree to only provide us with true, accurate, current and complete information. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof). Visitors agree not to attempt to access Member areas of the Site.
RULES REGARDING CONTENT. When you access the Site and/or Services, you obtain access to various kinds of information and materials, all of which we call “Content.” Most Content comes in various forms including, but not exclusive to questions, comments, and replies that You or other Members contribute through the Services.
You will be entirely responsible for each individual item of Content that you post on the Site or through the Services. As between you and us, you retain ownership and any intellectual property rights in the Content you post or otherwise make available through the Site or Services.
For us to do what we do, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of your copyright and other intellectual property rights related to that Content, to use, reproduce, display, perform, display, create derivative works of and otherwise exploit any Content you make available through the Site or Services. You agree that any such Content or any derivative works may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us (with or without attribution to you), and searched, displayed, printed or otherwise used or exploited by our customers. To the extent you include personally identifiable information in your Content, we will not be liable for such disclosure. You represent and warrant that you will not post or use any Content in any manner that: 1. Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; 2. Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation; 3. Is false or inaccurate or becomes false or inaccurate at any time; 4. Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion; 5. Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others; 6. Misrepresents your identity in any way; 7. Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; 8. Advocates or encourages any illegal activity; or 9. Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
All of the foregoing disclaimers also apply to Content provided by Members recommended by us, or Members otherwise designated or rated by us. In no event will we take any responsibility for any Content provided by Member, and we make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility or liability for, the quality, content, nature or reliability of any Content provided by any Member or any opinion, recommendation, or advice expressed therein.
General Rules of User Conduct. It is our goal to make access to our Site and Services a good experience for all of our users. With that in mind we provide you our opinion of rules to follow when using the Site and Services: please remember that the public areas of the Site and Services are viewable by friends and strangers alike. Don’t share phone numbers, home addresses, e-mail addresses or any of your personal information or that of others. Do not bully, threaten or harass users. If you are harassed in any way, please report it to the authorities immediately. Everdrobe is a company that provides a technology to help get opinions and advice in realtime, We are not responsible for user actions or policing user activity. If you get questions that make you feel uncomfortable, ignore them or report them. Do not engage in conversations with people that make you feel uncomfortable in any way. The following activities are prohibited on the Site and Services. Accordingly you agree that you will not: 1. Use the service for any commercial purposes (e.g., market research, advertising) unless approved in advance. If you would like to use the Site or Services for commercial purposes (advertise or conduct market research for commercial or political purposes) please contact us. Use, reproduce, duplicate, copy, sell, resell or exploit: (a) any portion of the Site or Services; (b) your use of the Site or Services, or (c) your access to the Site or Services, in each case for any purpose other than for which the Site or Services are being provided to you; 2. Conduct or promote any illegal activities while using the Site or Services; 3. Upload, distribute or print anything that may be harmful to minors; 4. Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site; 5. Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights; 6. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code; 7. Use the Site or Services to generate unsolicited email advertisements or spam; 8. Use the Site or Services to stalk, harass or harm another individual; 9. Take any action that may undermine the feedback or ratings systems; 10. Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts); 11. Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services; 12. Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission; 13. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or 14. Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our Services or create new Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
SOCIAL NETWORKS. In using certain Services, you authorize us to act on your behalf to access and interact with social networking sites such as Facebook and Twitter (any such site, a “SN Site”) to retrieve information from, and/or submit information to, such SN Sites at your request. We will not collect your username and password, and we will instead store the unique authorization code (or a “token”) provided to us by the SN Site to access it on your behalf. You can revoke our access to an SN Site at any time by amending the appropriate settings from within your account settings on that site. You should note that an SN Site may change or amend its guidelines and our access to it at any time, and we cannot guarantee that our Services will always include a connection to such SN Site.
MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
RELEASE To the extent permitted under applicable laws, you hereby release Everdrobe from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services, any Member, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services or any Member; (c) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Sites or any Members whether online or offline; and (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Sites user or Member communications. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "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 affected his settlement with the debtor."
DISCLAIMER OF WARRANTIES. THIS SITE AND SERVICES AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND SERVIES ARE PROVIDED BY EVERDROBE “WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVERDROBE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE SERVICES, OR THE CONTENT MADE AVAILABLE THROUGH THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
Our copyright agent for notice of claims of copyright infringement on the Site or the Services can be reached via email at support AT everdrobe DOT com.
CONTACTING US. If you have any questions or concerns about our site or anything else, please send us an e-mail at email@example.com
LAST UPDATED. August 27, 2016.