Terms of Use

Introduction

These Terms of Use (“Terms”) are effective as of June 22‚ 2015.

Please read and understand. These Terms set forth important details about your relationship with A Dress Change‚ including the rights you grant to A Dress Change‚ restrictions on how you can use this web site or mobile application‚ A Dress Change’s liability in the event something goes wrong‚ and our agreement to resolve disputes via binding arbitration without resort to class action litigation.

This web site or mobile application (the “Site”) is owned and operated by A Dress Change on behalf of itself. By accessing‚ using‚ registering for‚ or purchasing merchandise from the Site‚ you agree to be bound by these Terms. All visitors to and users of any aspects of Site (collectively‚ “Users”) are bound by these Terms.

A Dress Change reserves the right to make changes to this Site‚ our policies and these Terms at any time. All changes are effective upon posting. By accessing‚ signing in or registering to use the Site‚ you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms‚ you should not access‚ use‚ register for‚ or purchase merchandise from the Site.

Please note that the guidelines‚ policies and other terms and conditions of service and use of other web sites and/or mobile applications affiliated with A Dress Change may vary from these Terms.  Except in the event of a conflict‚ as described in this paragraph‚ these Terms apply in addition to any other policies or agreements that may apply to you related to any contests‚ sweepstakes‚ rewards or loyalty programs‚ surveys‚ transactions or purchases of goods or services‚ or other engagements you have with the Site.

Eligibility

The Site is not targeted towards or intended for use by anyone under the age of 18. By using the Site‚ you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age‚ do not access‚ use‚ register or purchase merchandise on the Site. Some merchandise offered for sale on the Site may be restricted for sale to persons of a certain age (depending on the state or jurisdiction of residence)‚ and we will require you to submit or provide valid proof of your age before purchasing or receiving age-restricted merchandise.

Privacy

A Dress Change believes strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy‚ which we encourage you to review.

Changes to the Site

You agree and understand that the Site‚ including any and all features available via the Site and any User Content (as defined below)‚ may be modified by us‚ in our sole discretion‚ at any time without prior notice. Unless expressly stated otherwise‚ any new features‚ new services‚ enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms. We do not actively monitor‚ and undertake no obligation to monitor or modify‚ any reviews‚ information‚ content‚ data‚ text‚ links to third party websites‚ User profile information‚ sounds‚ photographs‚ graphics‚ video‚ messages or other materials uploaded or made available via the Site by or on behalf of any User (all such items provided by or on behalf of Users‚ collectively‚ “User Content”). Nonetheless‚ we reserve the right to investigate and take appropriate action‚ including legal action‚ in our sole discretion‚ against anyone who violates these Terms‚ including without limitation‚ by removing any User Content posted in violation of these Terms‚ terminating the registration of such violators or blocking such violators’ use of the Site.

Registration

In order to access some features of the Site‚ you may be required to register and to select a password and user name‚ which shall consist of an email address you provide (“User ID”). To register‚ use the registration form available by clicking the “My Account” link near the top of any page on the Site. If you register‚ you agree to provide us with accurate and complete registration information‚ and to inform us immediately of any updates or other changes to such information. For example‚ you may not: (i) enter‚ select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person‚ or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms‚ which may result in immediate termination of your account. In addition‚ we reserve the right to refuse registration of‚ or cancel‚ a User ID in our discretion.

Security

You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password‚ whether or not you authorize such activities. Any User ID and password for your access to the Site shall be for your personal‚ non-commercial use only‚ unless otherwise authorized in writing by us. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware‚ and (b) ensure that you exit from your account at the end of each session.

Use of the Site/License/Services

Subject to your compliance with these Terms‚ A Dress Change grants you a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of the Site. This license grant does not include: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on the Site. Except as noted above‚ Users of the Site are not conveyed any right or license by implication‚ estoppel‚ or otherwise in or under any patent‚ trademark‚ copyright‚ or proprietary right of A Dress Change or any third party.

Any unauthorized use of the Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws‚ trademark laws (including trade dress)‚ and communications regulations and statutes. Violators will be prosecuted to the fullest extent of the law.

Permitted uses of the Site include soliciting opinions‚ ideas and other input from Users; sharing ideas and opinions with other Users‚ searching the Site for User Content (as defined herein) and business or product information‚ and purchasing goods or services from the Site for personal use‚ not for resale. You may also invite people you know to join the Site. You acknowledge and agree that we do not control the User Content posted to the Site‚ or any links to other websites‚ including the content of any messages posted by Users‚ and that we do not guarantee the accuracy‚ integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse‚ support‚ sanction‚ encourage‚ verify‚ or agree with the comments‚ opinions‚ or statements or other User Content posted on or otherwise displayed on or transmitted via the Site‚ or (ii) we do not make any promises‚ guarantees or warranties with respect to any of the User Content or products‚ services‚ information‚ content or materials featured or mentioned on the Site. All User Content‚ including advice and opinions posted by Users‚ comprises the views and responsibility of those who post such User Content‚ and does not necessarily represent the views of A Dress Change. You understand that‚ by using the Site‚ you may be exposed to User Content that is offensive‚ indecent or objectionable.

In no event will we be liable‚ directly or indirectly‚ to anyone for any damage or loss of any nature whatsoever arising from or relating to any use‚ continued use or reliance on any user content‚ any error or omission in any user content‚ any claim that any user content is defamatory‚ libelous or violates any right of any third party‚ or the defamatory‚ offensive or illegal conduct of any user or third party. You expressly agree that you bear any and all risks associated with your access to‚ contribution to‚ use of and/or reliance on user content.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms‚ you agree you shall not (and you agree not to allow any other individual or entity using your User ID to):

  • download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of the Site‚ except and to the extent expressly permitted under these Terms;
  • remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site;
  • use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of the Site;
  • collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
  • reformat or frame any portion of any Web pages that are part of the Site;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit to other Users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other Users’ enjoyment of the Site;
  • submit to the Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to the Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of the Site‚ any other Web site‚ or any computer or other device or system‚ or the enjoyment of the Site by any User;
  • use the Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to the Site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene;
  • copy or store any User Content offered on the Site other than for your personal‚ non-commercial use;
  • take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on the Site or the IT infrastructure used to operate and make the Site available;
  • use the Site and/ or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law; or
  • collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.

User Content Posted on the Site

Subject to the following restrictions‚ registered Users may post‚ upload or transmit User Content on the Site. Without limiting the generality of any other provisions of these Terms‚ you agree:

  • You may not post‚ upload or transmit any User Content that (i) infringes or otherwise violates any copyright‚ patent‚ trademark‚ trade secret‚ publicity or privacy right or other proprietary right of any party‚ or (ii) is proprietary to a third party‚ without such third party’s prior written consent.
  • You understand and agree that we do not monitor but reserve the right to review and delete any User Content‚ including User Content that‚ in our sole discretion‚ (i) violates these Terms‚ (ii) is offensive‚ non-family-friendly‚ or illegal‚ or (iii) may harm‚ violate the rights of or threaten the safety of any User and/or any other individual or entity.
  • You are solely responsible for any User Content you post‚ publish or display on the Site or transmit to Users. We reserve the right‚ but undertake no obligation‚ to monitor disputes between you and any other User‚ or any other entity or individual‚ in connection with the Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
  • You will post only User Content you believe in good faith to be true and accurate‚ and you will not post to the Site any User Content that is false‚ inaccurate‚ misleading or fraudulent.
  • By uploading User Content to the A Dress Change  Site‚ you represent and warrant that you have all rights and authority necessary to grant‚ and do hereby grant A Dress Change‚ its Affiliates‚ our respective contractors‚ and our business partners‚ an irrevocable‚ perpetual‚ non-exclusive‚ royalty-free‚ fully sublicensable‚ fully paid up‚ worldwide license and right to use‚ copy‚ publicly perform‚ digitally perform‚ publicly display‚ and distribute such User Content and to prepare derivative works based on‚ or incorporate into other works‚ such User Content‚ with or without attribution
  • You understand that A Dress Change may be working on the same or a similar idea or concept to any ideas‚ expression of ideas or other materials you submit within your User Content‚ or that A Dress Change may already know of such an idea or concept from other sources‚ or that A Dress Change may simply wish to develop this (or a similar idea) on its own or it may have taken/will take some other action.
  • The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the Site. You may not post any User Content that:
    • is patently offensive to Users‚ such as content that promotes racism‚ bigotry‚ hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person or User;
    • promotes illegal activities or conduct that is abusive;
    • is threatening‚ obscene‚ defamatory or libelous;
    • is pornographic or sexually explicit in nature; or
    • seeks or recommends providers of‚ material that exploits people under the age of 18 in a sexual or violent manner‚ or seeks or recommends providers that solicit personal information from anyone under 18.

 A Dress Change retains the right to remove any User Content from its website that in A Dress Change’s sole discretion violates any of the restrictions or guidelines defined in these Terms.

Copyrights

If you believe any User Content or any other aspect of the Site infringes your copyright‚ you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. 512) by providing the following information:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address‚ telephone number and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner‚ its agent or the law;
  • A statement by you‚ made under penalty of perjury‚ that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

 

Ownership

As between you and us‚ the Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of the Site‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by us or our licensors. As between you and us‚ subject to any licenses and rights expressly granted herein‚ any User Content posted by you is owned by you. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights‚ title or interest in or to any copyright‚ trademark or other proprietary right of ours or any of our licensors.

Any trademarks‚ service marks‚ and other marks and indicators of source or origin that are displayed on the Site are the proprietary property of A Dress Change or their respective owners‚ as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers‚ or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Site are the property of their respective owners‚ who may or may not be affiliated with‚ connected to‚ or sponsored by us. You may not use‚ copy‚ modify or display any of the trademarks‚ service marks‚ names or logos appearing on the Site without the express written permission of the trademark owner.

Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent‚ copyright‚ trademark‚ trade secret or other proprietary right of A Dress Change.

Disclaimer

You expressly agree that your use of the site‚ and of any user content‚ information‚ advice‚ services‚ products‚ and other materials contained in or described on the site‚ is entirely at your own risk‚ and that all such information and materials are provided on an “as is” and “as available” basis. to the full extent permissible by applicable law‚ we make no‚ and hereby disclaim all‚ representations or warranties of any kind‚ express or implied‚ as to the availability‚ operation and/or use of the site‚ including but not limited to any user content provided via the site‚ and all other content‚ services‚ products‚ and other information and materials contained in or described on the site‚ including but not limited to‚ warranties of merchantability‚ fitness for a particular purpose‚ and non-infringement‚ and implied warranties arising from course of dealing or course of performance. Certain state laws do not allow limitations on the length of an implied warranty. To the extent any such state law applies to you‚ the limitation described herein may not apply to you. in addition‚ we do not represent or warrant that the information and content accessible via the site is accurate‚ complete or current‚ and we are not responsible for any errors or omissions therein or for any adverse consequences resulting from use of‚ inability to use‚ or reliance on any aspect of the site‚ including but not limited to user content and all other content‚ services‚ products‚ and other information and materials contained in or described on the site. Further‚ we make no representations and warranties that the site or the user content will be uninterrupted‚ secure‚ or free of errors‚ viruses‚ or other harmful components. No advice or information‚ whether oral or written‚ obtained by any user from us or the site shall create any warranty not expressly stated herein.

Limitation on Liability

In no event shall A Dress Change or the officers‚ members‚ managers‚ employees‚ agents or representatives of any of the foregoing‚ be liable to you or any third party for damages of any kind (including‚ but not limited to‚ any direct‚ indirect‚ special‚ punitive‚ incidental or consequential damages or damages for loss of profits‚ goodwill or revenue‚ business interruption‚ or loss of data) arising out of the use of‚ access to‚ reliance on‚ unavailability of‚ inability to use‚ or improper use of the site‚ including but not limited to any user content‚ reviews‚ advice‚ services‚ products‚ and other information and materials contained in or described on site‚ or the disclosure or misuse of any user’s personal information‚ even if they have been advised of the possibility of such damages‚ and regardless of the form of action‚ whether in contract‚ tort‚ or otherwise. In no event shall A Dress Change be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six month period preceding the date on which the claim arose. This limitation shall apply notwithstanding any failure of the essential purpose of any limited remedy provided herein.

Indemnity

You agree to indemnify and hold A Dress Change and its affiliates‚ licensors‚ officers‚ members‚ managers‚ employees‚ agents‚ and representatives‚ harmless from and against any losses‚ costs‚ expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim‚ cause of action‚ suit or demand of any third party due to‚ arising out of or related to (i) your access to the Site‚ (ii) your use of the Site‚ (iii) any User Content posted‚ uploaded or transmitted by you‚ (iv) your use or distribution of any User Content‚ (v) your violation of these Terms of Use‚ (vi) any use of your User ID or password by you or any third party‚ or (vii) the infringement or other violation by you‚ or any third party using your account or User ID or password‚ of any intellectual property or other right of any person or entity.

Links to Third Party Sites

The Site may display links to third party sites. We are not responsible for the content of such links‚ or for any products‚ services or other materials relating to any linked site‚ or any link contained in a linked site. The display of any link does not imply endorsement by us of the linked site or any content therein. In no event will we be liable‚ directly or indirectly‚ to anyone for any damage or loss arising from or relating to any use‚ continued use or reliance any linked third-party site‚ or any link contained in a linked site.

Placing an Order/International Shipping

A Dress Change currently uses various third party services to ship products to locations within the 50 United States‚ the District of Columbia‚ and APO/FPO addresses. For details on shipping‚ please visit our Shop Page.

A Dress Change charges sales tax for merchandise ordered on the A Dress Change Site based on the applicable state sales tax rate of the location to which the order is being shipped.

GENERAL

Local Restrictions

A Dress Change reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

Limitations on Quantity

To properly serve all customers‚ A Dress Change reserves the right to limit quantities of orders to only one (1) of any such item(s) purchased. a A Dress Change further reserves the right to cancel multiple orders of any limited quantity item purchased by the same User and/or shipped to the same delivery address. Commercial use of the A Dress Change site is expressly prohibited. A Dress Change reserves the right to cancel any orders that it determines in its sole discretion are made for commercial resale purposes.

Colors

A Dress Change attempts to display the colors of the products shown on the A Dress Change Site as accurately as possible. However‚ we cannot guarantee that the color you see matches the product color‚ as the display color depends‚ in part‚ upon the device visual interface setting or monitor used by you.

Pricing

Pricing errors may occur on the A Dress Change Site from time to time. A Dress Change attempts to correct all pricing errors as soon as they are discovered‚ or as soon as A Dress Change receives notice of an error. A Dress Change reserves the right to cancel any orders containing pricing errors‚ with no further obligations to you‚ even after your receipt of an order confirmation or shipping notice from A Dress Change. Any payments you make to A Dress Change for orders that are cancelled due to pricing errors will be refunded.

Returns and Cancellations

Orders you submit online may not be cancelled online immediately. Online orders with a status of “Processing” may not be cancelled‚ and you may need to wait until your receive the merchandise in order to return it. Order status can be checked online by logging into your account. All returns of merchandise are subject to the A Dress Change Returns Policy. 

Applicable law

By visiting the A Dress Change Consignment Site‚ you agree that the laws of the State of California‚ without regard to principles of conflict of laws‚ will govern these Terms and any dispute of any sort that might arise between you and A Dress Change.

Miscellaneous

No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms‚ and you do not have any authority of any kind to bind A Dress Change in any respect whatsoever. We may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on the Site. These Terms, which shall be deemed accepted by you upon your use of the Site‚ constitute the entire agreement among you and A Dress Change regarding use of the Site. A Dress Change failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable‚ transferable or sublicensable by you‚ except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate by reference the Privacy Policy for the Site and any notices regarding the Site.