2. Information Collected by UsTrendy
A. Information You Directly Provide to UsTrendy. If you are a visitor to the Site, we may collect information that you provide to us when you communicate with any of our departments such as customer service, sales or technical services. If you register to become a member of UsTrendy, you will be required to provide certain information as part of the registration process. This information will include your first and last name, phone number, email address and street address. We may also ask you to provide certain demographic information about yourself, such as your age, household income or buying preferences, however, we will only use this information for our internal analytical purposes.
B. Information Automatically Collected Through the Site. We may automatically collect information about you when you use the Site. For example, if you access the Site through a computer, we will automatically collect information such as your browser type and version, computer and connection information, IP address and standard web log information. If you access the Site through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.
C. Cookies. We may automatically collect information from you when you use the Site using “cookies”. Cookies are small amounts of data that are stored within your computer’s Internet browser and that are accessed and recorded by the websites that you visit so that they can recognize the same browser navigating online at a later time.
Information that may be collected by cookies when you use the Site may include, without limitation:
- the pages you visit within the Site;
- the date and time of your visit to the Site;
- the amount of time you spend using the Site;
- the Internet Protocol (IP) address used to connect your computer to the Internet; and/or
- your computer and connection information such as your browser type and version, operating system and platform.
You can set your browser to reject cookies or to notify you when you are sent a cookie. However, if you disable cookies you may not be able to use all features of the Site.
UsTrendy does not have access to or control over web beacons or cookies that third party websites may use. We are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites you visit. In addition, some third-party advertising companies may provide a mechanism to opt-out of their technology. For more information about the opt-out process, you may visit the Network Advertising Initiative website, available at: http://www.networkadvertising.org/managing/opt_out.asp.
In addition, your browser may allow you to adjust your browser settings so that “do not track” requests are sent to the websites that you visit. However, UsTrendy will not disable tracking technology that may be active on the Site in response to any “do not track” requests that we receive from your browser.
E. Social Media Services. We may provide social media features through UsTrendy that enable you to share information with your social networks and to interact with UsTrendy on social media sites. If you post any comments, reviews, photos or other information on any UsTrendy social media pages, we may display those comments, reviews, photos or information on UsTrendy. In addition, your use of these features may result in the collection or sharing of information about you by these sites, depending on the feature. We encourage you to review the privacy policies and settings on the social media sites with which you interact to make sure you understand the information that may be collected, used, and shared by those sites.
3. How UsTrendy Uses Your Information. We use the information we gather through the Site to help us better understand how the Site is being used. By identifying patterns and trends in usage, we are able to better design the Site to improve your experience, both in terms of content and ease of use. We may also use this information to contact and communicate with you and to respond to your communications and requests. If you provide your email address to us, we may email you about products and services that we believe may be of interest to you. If you wish to opt-out of receiving marketing materials from us, please follow the instructions contained in each email you receive from us which will allow you to opt-out of receiving further marketing communications from us.
4. How UsTrendy Shares Your Information with Third Parties. We do not sell or rent user information we collect through the Site to any third parties for their own marketing purposes. In the event UsTrendy wants to sell or rent your information to third parties for their own marketing purposes in the future, we will notify you and you will have an opportunity to affirmatively opt-in to receiving these third party marketing communications. UsTrendy does share your information with third parties in some circumstances as follows:
A. Employees, Third-Party Processors and Third-Party Service Providers. We will disclose your information to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers (“Service Providers”) who provide certain services to us or on our behalf, such as operating and supporting UsTrendy, analyzing data, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf.
B. Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies. To the extent permitted by law, we will disclose your information to government authorities or third parties: (i) if required to do so by law, or in response to a subpoena or court order; (ii) if we believe that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; (iii) if we believe that you have abused UsTrendy by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws; or (iv) to enforce our Terms of Service, comply with applicable laws or when we deem necessary to protect UsTrendy. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.
D. Aggregate Information. We may share information relating to users of UsTrendy with affiliated or unaffiliated third parties on an anonymous, aggregate basis. While this information will not identify you personally, in some instances these third parties may be able to combine this aggregate information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally.
E. DMCA and IP Infringement Notifications. We may share your information with third parties if you submit a Digital Millennium Copyright Act (“DMCA”) Infringement Notification as described in our DMCA Policy or an IP Infringement Notification as described in our Intellectual Property Infringement Policy or if you are the person responsible for posting the material addressed in the applicable DMCA Infringement Notification or Intellectual Property Infringement Notification that is submitted to us.
5. Children Under the Age of 13. The Site is not intended for children under age 13, or for anyone under age 18 or the applicable age of majority without involvement of a parent or guardian. We do not knowingly collect or distribute information from or about children under age 13.
6. Security. We implement industry standard security measures intended to protect against the loss, misuse and alteration of the information under our control. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, UsTrendy cannot guarantee or warrant the security of any information you transmit on or through the Site and you do so at your own risk.
7. How to Correct or Update Your Information. If you are a registered user of UsTrendy and you want to change or update the name, e-mail address, postal address, telephone number or other information you provided when you registered to use UsTrendy, you may either (a) log into your account and update your information, or (b) e-mail us at contact-us@UsTrendy.com and specify the information that needs to be changed.
8. How to Opt-out of Receiving Communications from UsTrendy. You may opt-out of receiving e-mail or other marketing communications from UsTrendy and our third party marketing partners, if applicable, by (a) e-mailing us at email@example.com, or (b) visiting the “Customer Care” section of the Site and use the “Contact Us” feature.
10. Special Notice to California Residents. Under California Civil Code sections 1798.83-1798.84, also known as the “Shine the Light Law,” any of our users who are California residents are entitled to request and receive once a year, free of charge, a notice from us describing what categories of personal customer information (if any) we shared with third parties or corporate affiliates for their direct marketing purposes during the preceding calendar year. If applicable, the notice will identify the categories of information shared, as well as the names and addresses of the third parties and affiliates with which information was shared. If you are a California resident and would like to request a copy of this notice, please submit a written request to the following address: contact-us@UsTrendy.com. In your request, please specify that you want a “California Privacy Rights Notice.” Please allow at least thirty days for a response.
UsTrendy PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY so that you understand your rights and obligations when you use UsTrendy:
4. User/Vendor Accounts and Registration
Registration. You can visit, browse and make purchases on UsTrendy without becoming a registered user.
To become a registered user, please click here: Register as a User
To become a registered vendor and start selling on UsTrendy, please click here: Register as a Vendor
If you sign up to become a registered member of UsTrendy, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by UsTrendy’s registration form (the “Registration Data”); (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) not to use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account.
5. User Contributions. If you are a registered user of the Site and you are logged in to your member account, you may be able to submit comments and content to the Site, including photographs of and information about merchandise that you are selling through the Site (collectively, “Contributions”). You are entirely responsible for the content of, and any harm resulting from, any Contributions that you post on or through the Site. When you create or make available a Contribution on or through the Site, you represent and warrant that you:
A. own or have sufficient rights to post your Contributions on or through the Site;
B. will not post Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including, without limitation, copyrights) or contract rights;
C. have fully complied with any third-party licenses relating to Contributions and shall pay all royalties, fees and any other monies required to be paid in connection with Contributions that you post to or through the Site;
D. will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;
E. will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party.
6. Prohibited Activities. In addition to the obligations described in Section 5, you agree that in connection with your use of the Site, you will not:
A. use the Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Site without our express written consent;
B. transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including without limitation, hacking into the Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
C. impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
D. post jobs for modeling or talent or talent scouting positions on the Site;
E. post on the Site any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case these types of postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;
F. decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Site, or any portion thereof; or
G. circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any materials on the Site or enforce limitations on use of the Site any materials on the Site.
7. License Grant to UsTrendy. We need a license from you so that we can use your Contributions on the Site or elsewhere. By making a Contribution to the Site, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not required to pay you to use your Contribution), sublicensable (so that we can use affiliates, subcontractors and other partners such as wireless carriers and hosted service providers to make the Site available to you) and worldwide (because the Internet is global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution in connection with the Site, our business or related promotional activities in any media formats and through any media channels now known or hereafter devised. This license does not grant us the right to sell your Contributions. If you remove your Contributions from the Site, we will cease use of your Contributions as soon as practicable; however, you understand and agree that we may retain archived copies of your Contributions.
8. Contributions Provided by Other Users or Third Parties. You understand that UsTrendy is not responsible for Contributions provided by any other users or other third parties. UsTrendy takes no responsibility and assumes no liability for any Contributions that any other user of UsTrendy posts or sends through the Site. You understand and agree that you may be exposed to Contributions that are inaccurate, objectionable, or otherwise not suitable for you. You are solely responsible for your interaction with other users of the Site, whether online or offline. You agree that UsTrendy is not responsible or liable for the conduct of any user of the Site.
9. Merchandise Sales
A. UsTrendy acts as a venue to allow registered members who comply with UsTrendy’s policies to offer and sell merchandise. UsTrendy is not directly involved in the transaction between buyers and sellers. As a result, UsTrendy has no control over the quality, safety, morality or legality of any aspect of the merchandise listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. UsTrendy does not pre-screen users or the content or information provided by users. UsTrendy cannot ensure that a buyer or seller will actually complete a transaction.
B. In addition to the requirements and prohibitions described in Sections 5 and 6 above, if you are a registered member of the Site and you elect to sell your merchandise through the Site, then you agree to the following terms and conditions:
iii. Binding Sale: Sellers are responsible for accurately listing their merchandise, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, for example: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
iv. Fee Avoidance: The price stated in each merchandise listing description must be an accurate representation of the item being sold. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding UsTrendy transaction fees, misrepresent the merchandise’s location, or use another user’s account without permission.
C. If you list merchandise through a UsTrendy, UsTrendy will charge you transaction fees as follows:
- Seller’s Share: 80% of the sales price including Shipping and Handling
- Payment processing: 5% of the sales price including Shipping and Handling
- UsTrendy: 15% of the sales price including Shipping and Handling
[If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. These collection mechanisms may include charging other payment methods that you have on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.]
12. Your Interaction with Other Users. You are solely responsible for your interactions with other users of the Site. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Site and that you give to other users of the Site. You are discouraged from publicly posting the following information on the Site: your telephone numbers and street addresses. Information posted to the Site by other users of the Site may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the applicable disputes.
14. Warranty Disclaimer
A. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
B. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SITE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SITE, any contributions made by users of the Site, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO BY THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
15. Limitation of Liability
USTRENDY, Inc., ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE to you or any third party FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
16. Exceptions to Disclaimers and Liability Limitations
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
17. Abusing UsTrendy; DMCA Notification
UsTrendy is strongly committed to respecting intellectual property rights and other rights. We have a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States. Our full Infringement Policy and information about how to report a copyright or trademark problem is here Copyright Policy.We are also concerned with other types of infringement and abuse. To report a problem other than copyright or trademark infringement, please email firstname.lastname@example.org. We may, in our sole discretion, limit, suspend, or terminate UsTrendy and user accounts, prohibit access to UsTrendy, delay or remove Contributions, and take technical and legal steps to keep users from using UsTrendy, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also have a policy of terminating accounts of repeat infringers in appropriate circumstances.
18. Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
A. Initial Dispute Resolution. We are available by phone at 800-535-1187 or email at email@example.com to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain circumstances.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
C. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 19(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
D. Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
E. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 18(B), 18(C), and 18(D) by sending written notice of your decision to opt-out to the following address: firstname.lastname@example.org or by fax to 617-437-9440. The notice must be sent within thirty (30) days of registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
F. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in section 18(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the County of Essex in the Commonwealth of Massachusetts (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in state or federal courts located in the County of Essex in the Commonwealth of Massachusetts for any litigation other than small claims court actions.