ACCEPTANCE OF TERMS
These terms (“Terms”) govern your use of the Closed Clique Store (“we” or “us”) services and website (“Site”). By using, visiting, or browsing the Closed Clique Store Site, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Site. These Terms are an ongoing contract between you and the Fashion Closed Clique Store and apply to your use of the Closed Clique Store and Site.
These Terms affect your rights and you should read them carefully. The services and Site are available only to individuals who are not less than 13 years old. If you have any questions about these Terms or the Site please contact us at firstname.lastname@example.org.
CHANGES TO TERMS
You can review the most current version of the Terms at any time on this page. We reserve the right from time to time, with or without notice to you, to change these Terms in our sole and absolute discretion. The most current version of these Terms can be reviewed by clicking on the “Terms” located at the footer of the Site. The most current version of the Terms will supersede all previous versions. It is your responsibility to check our Site periodically for changes. Your use of our Site or continued use of our service after changes are made means that you agree to be bound by such changes, so please review it frequently.
The Closed Clique Store offers products for purchase and Lots through and online auction to our registered users. As part of the registration process you will need to create an account, including username, password and billing information. It is your responsibility to ensure that the information that you provide is accurate, not misleading and related to you. You cannot create an account or username and password using the names and information of another person.
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account.
You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to us, and accept responsibility for all activities that occur under your account. We reserve the right with or without notice to suspend or terminate any account. If for any reason you suspect that your username and password has been disclosed to or obtained by another party you should contact us immediately at email@example.com.
ONLINE STORE & AUCTION TERMS
The user with the highest bid purchases the Lot at the close of the auction.
Some of our Lots have a Buy Now price, where the user is able to purchase an auction item for a straight price. We reserve the right to remove the Buy Now price at any time during the course of an auction.
Some or our Lots have a Reserve price, which is a hidden minimum price. It is the lowest price that we will accept for the item. If the listing ends without any bids that meet the Reserve price, then we are not required to sell the item.
Each bid is a binding contract. By bidding on any Lot, you agree to purchase the property and/or an experience at the price you have bid. You agree that should you bid on a Lot and that bid is the winning bid, that you are bound to pay to the Closed Clique Store the winning bid amount for the Lot along with any applicable taxes, shipping insurance or other costs associated with delivering the Lot or product purchase. You further agree that all bids place under user’s account are considered to be placed by the user or with the user’s authorization. As a bidder you agree to not manipulate the bidding process or price on any items or engage in any concerted action to distort the auction process.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature, or use the Site in any manner that could damage, disable, overburden, or impair the Site. A breach or violation of any of the Terms will result in an immediate termination of your Services.
PURCHASE OF EXPERIENCES
You understand that each Lot may have specific rules related to appearance times, time constraints, event dates or locations, or other peculiarities related to the Lot. If you do not adhere to these rules the Lot may not be able to be fulfilled and if that happens you forfeit the Lot as well as all monies you have paid for the Lot.
You understand that Experiences may be subject to personal background checks, criminal background checks, including the U.S. government’s terrorist watch list and a security screening (collectively “Clearance”) prior to attendance at the Experience. Anyone attending the Experience agrees to submit to all Clearance prior to or at the Experience. If people who are supposed to attend the Experience do not meet the standards of the Clearance, they will not be allowed to attend, the experience will be canceled and you will forfeit your purchase price.
Each Lot description will include a list of specific rules and restrictions that you will be bound by in bidding on such Lot. The Closed Clique Store is not responsible for any cancellation, delay, diversions, or omission of any third party with respect to the Experience. Lost or stolen tickets, travel vouchers or certificates for the Experience once they are in your possession may not be able to be replaced.
Winning Bidder is responsible for scheduling the Experiences they have won and must make every reasonable attempt to complete the offered Experience prior to the expiration indicated on the auction lot, which is typically but not always six months. Efforts are made to schedule an Experience at the earliest possible date that is convenient for both parties. You agree to negotiate in good faith with the Experience provider to find a mutually acceptable date and time to enjoy your purchase. Winning Bidders who have not completed their Experience within the allotted time period are not eligible for refund and additionally agree that they have forfeited the Experience.
You grant permission to take photographs or videos of you during your experience, as well as make recordings of your voice during all experiences to us. You also grant the right to reproduce, use, exhibit, display, broadcast, distribute and create derivative works of these images and recordings in any media (including, but not limited to, any marketing and promotional materials) now known or later developed without compensation to us. You acknowledge that we own all rights to the images and recordings.
Certain products may be available for straight purchase through the Site. Since products may have limited quantities or be custom-made we cannot accept returns or exchanges unless indicated in the product description. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Any offer for any product made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
Some featured items may be available only in limited quantities or only while supplies last. Once an item is out of stock, we will attempt to indicate this on the Site promptly. Display of an item on the Site is not a guarantee that the item is currently in stock or that it will be available on our Site when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to the Site or if you have any questions concerning the availability of a particular item, please contact us at firstname.lastname@example.org. We will fulfill your requests whenever possible.
REFUSAL OF TRANSACTIONS
We reserve the right to withdraw any Auction Item before the end of the sale period, halt any sale during its progress, and/or remove, screen or edit any materials or content on the site at any time. To be able to continue our business and providing this site to you we reserve the right to limit and exclude your access to and participation in any auction at any time at our sole discretion. We may limit your access to certain auctions based on any factor, including, but not limited to, the number of auctions won, bids placed in prior auctions, number of participated auctions or any other of your prior activities, your location or other factors.
Any auction may be suspended due to unforeseeable disruptions, errors, technical problems, or any other reasonable reason in our systems. If the last bidding price, remaining time and highest bidder are recorded in our system, such auction may be resumed after the disruption has been resolved. We reserve the right to terminate any suspended auction for any reason and to begin a new auction for same Auction Item. Notwithstanding any other provision to the contrary, bids placed on a suspended and terminated auction will be refunded to your account, but we are not responsible for any other costs or damages incurred by you due to a disruption. If the auction resumes we may add auction time at our discretion.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Any comments, suggestions, ideas, materials and other submissions (“User Comments”) that you send to the Closed Clique Store are provided on a non-confidential basis. By submitting User Comments, you are granting the Closed Clique Store an irrevocable and unrestricted license for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, and distribution. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.
LINKS TO OTHER WEBSITES
When you access a non-Closed Clique Store website, please realize that it is independent of us. Linking to any off-site pages is at your own risk. We make no warranties or representations about any non-Closed Clique Store website and has no responsibility for such websites or their content. In addition, certain third party sites may also provide links to the Site. None of such links should be deemed to imply that we endorse such third party sites or any content therein.
COPYRIGHT AND OWNERSHIP
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, the Closed Clique Store. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of the Closed Clique Store is strictly prohibited. You acknowledge that Fashion Fight Store and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. We reserve the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from us.
INFRINGEMENT CLAIMS AND NOTIFICATION PROCEDURE.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below.
Designated Agent for Claimed Infringement: The Closed Clique Store, email: email@example.com. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
ACCEPTABLE USE POLICY
You agree not to engage in unacceptable use of the Closed Clique Store Site, which includes, without limitation, use of the Closed Clique Store Site to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the Closed Clique Store Site or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by the Closed Clique Store to be in conflict with the spirit or intent of this Agreement.
YOU EXPRESSLY AGREE THAT USE OF THE CLOSED CLIQUE STORE SERVICES, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE CLOSED CLIQUE SERVICES, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Closed Clique STORE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE CLOSED CLIQUE STORE, THE WEBSITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH ANY OF THE CLOSED CLIQUE STORE; THE CLOSED CLIQUE STORE DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. THE CLOSED CLIQUE STORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE CLOSED CLIQUE STORE. THE CLOSED CLIQUE STORE DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. LIMITATION OF LIABILITY. NEITHER CLOSED CLIQUE STORE NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “CLOSED CLIQUE PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE CLOSED CLIQUE STORE, OR THE INTERNET. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE CLOSED CLIQUE STORE AND TO TERMINATE THIS AGREEMENT.
The material in the Site is provided for lawful purposes only. The CLOSED CLIQUE Store controls and operates this Site from New York, New York, USA, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
CHOICE OF LAW
This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with the Closed Clique Store or relating in any way to your use of the Closed Clique Store or the Site resides in the federal and state courts located in the Borough of Manhattan, and you further expressly consent and agree to personal jurisdiction by such courts sitting in the State of New York in connection with any such dispute, including any claim involving the Closed Clique Store or any of its affiliates. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
You agree to defend, indemnify, and hold all Closed Clique Store Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of this Agreement by or on behalf of you or otherwise through use of your account.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to services provided constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.