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Trendicted Terms and Conditions Statement

Terms and Conditions

This terms and conditions statement governs our relationship with users and others who interact with Trendicted, as well as Trendicted brands, products and services, which we call the “Trendicted Services” or “Services”. By using or accessing the Trendicted Services, you agree to this Statement, as updated from time to time in accordance with the “Amendments” section below. Additionally, you will find resources at the end of this document that help you understand the data policy for Trendicted. Because Trendicted provides and will provide a wide range of services, we may ask you to review and accept additional terms that apply to your interaction with a specific product, or service. Definitions

Definitions

  1. By "Trendicted" or” Trendicted Services” we mean the features and services we make available, including through (a) our website at www.Trendicted.com and any other Trendicted branded or cobranded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button, Peeks , and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Trendicted reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not these terms and conditions.
  2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Trendicted or provide data to us.
  3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Trendicted.
  4. By "content" we mean anything you or other users post, provide or share using Trendicted Services.
  5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Trendicted or provide to Trendicted through Platform.
  6. By "post" we mean post on Trendicted or otherwise make available by using Trendicted.
  7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  8. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
  9. By “Trademarks” we mean any definitive identifying marks used across the Trendicted website, app or associated products and services.

Amendments

  1. Trendicted will notify you before we make changes to these Terms and conditions and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
  2. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice via the application or website.
  3. Your continued use of the Trendicted Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Trendicted to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, except for any remaining applicable sections.

Others

  1. Regardless of your place or business or residence, this Statement is an agreement between you and Trendicted, LLC.
  2. This Statement makes up the entire agreement between the parties regarding Trendicted, and supersedes any prior agreements.
  3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  4. If we fail to enforce any of this Statement, it will not be considered a waiver.
  5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
  6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
  7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  8. Nothing in this Statement shall prevent us from complying with the law.
  9. This Statement does not confer any third party beneficiary rights.
  10. We reserve all rights not expressly granted to you.
  11. You will comply with all applicable laws when using or accessing Trendicted.

Privacy

Your privacy is important to Trendicted. We designed our Data Policy to make important disclosures about how you can use Trendicted to share with others and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you make informed decisions.

Sharing Your Content and Information

You own all of the content and information you share on Trendicted, and you can control how it is shared through your privacy settings. In addition:

  1. For content that is covered by intellectual property rights, for example photos and (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a nonexclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Trendicted (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. When you post content using the default privacy settings, it means that you are allowing everyone, including people off of Trendicted, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  4. We always appreciate your feedback or other suggestions about Trendicted, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Safety

We do our best to keep Trendicted safe, but we cannot guarantee it. We need your help to keep Trendicted safe, which includes the following commitments by you:

  1. You will not collect users' content or information, or otherwise access Trendicted, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  2. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Trendicted.
  3. You will not upload viruses or other malicious code.
  4. You will not solicit login information or access an account belonging to someone else.
  5. You will not bully, intimidate, or harass any user.
  6. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  7. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  8. You will not use Trendicted to do anything unlawful, misleading, malicious, or discriminatory.
  9. You will not do anything that could disable, overburden, or impair the proper working or appearance of Trendicted, such as a denial of service attack or interference with page rendering or other Trendicted functionality.
  10. You will not facilitate or encourage any violations of this Statement or our policies.
  11. You will not post unauthorized commercial communications (such as spam) on Trendicted.

Registration and Account Security

Trendicted users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not use Trendicted if you are under the age of 13.
  2. You will not use Trendicted if you are a convicted sex offender.
  3. You will keep your contact information accurate and up-to-date.
  4. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  5. You will not provide any false personal information on Trendicted, or create an account for anyone other than yourself without permission.
  6. You will not create more than one personal account.
  7. If we disable your account, you will not create another one without our permission.
  8. You will not use your wardrobe primarily for your own commercial gain, and will use a Trendicted Market Place store for such purposes.
  9. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
  10. If you select a username or similar identifier for your account, wardrobe or store, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

  1. You will not post content or take any action on Trendicted that infringes or violates someone else's rights or otherwise violates the law.
  2. We can remove any content or information you post on Trendicted if we believe that it violates this Statement or our policies.
  3. We provide you with tools to help you protect your intellectual property rights. You can utilize the report button or Trendicted contact email address.
  4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  6. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
  7. If you collect information from users, you will: obtain their consent, make it clear you (and not Trendicted) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  8. You will not post anyone's identification documents or sensitive financial information on Trendicted.
  9. You will not tag users or send email invitations to non-users without their consent.

Mobile and Other Devices

  1. We currently provide our mobile services for free. However, your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
  2. In the event you change or deactivate your mobile telephone number, you will update your account information on Trendicted within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Trendicted.

Disputes

  1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Trendicted exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
  2. If anyone brings a claim against us related to your actions, content or information on Trendicted, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Trendicted and are not responsible for the content or information users transmit or share on Trendicted. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Trendicted. We are not responsible for the conduct, whether online or offline, of any user of Trendicted.
  3. WE MAKE EVERY EFFORT TO KEEP TRENDICTED RUNNING, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING TRENDICTED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT TRENDICTED WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT TRENDICTED WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. TRENDICTED IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR TRENDICTED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR TRENDICTED WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LOCAL US LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TRENDICTED'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Curating

Curating on Trendicted is done via two methods. 1) Trendicted Users can create a curator account and post their own affiliate partner links to their content. 2) Trendicted Curators can post Trendicted affiliate partner links to any content posted on Trendicted.

  1. Trendicted reserves the right to curate content posted on Trendicted and under no circumstance is obligated to remit any royalties or any other reimbursements to users for curating user post or content on Trendicted.
  2. Trendicted will curate any content that belongs to Trendicted users with registered active curator accounts.

Affiliate Partner Links

  1. Post your affiliate partner links for as many items that you can in your wardrobe. Your links should take users to where they can find the exact or equivalent items from your content based on your curating.
  2. Any links posted on the curator portal and then accessed on the Trendicted mobile application or website must not be harmful, malicious, or otherwise expose Trendicted or other Trendicted users to any risk of malicious software or code. Any violations will result in your Curator and Trendicted accounts terminated immediately.

Ecommerce

Trendicted offers an ecommerce experience that allows users to buy and sell from other users, and also purchase items curated by Trendicted moderators. Trendicted currently manages payments between buyers and sellers through Paypal, and may chose to utilize other vendors in the future without prior notice to users. Trendicted is not affiliated with Paypal. Paypal reserves the right to its own terms and conditions and trademarks. Trendicted charges a minimum fee of 6.5% for brokering the transaction between buyer and seller. Trendicted may at any time change this fee and without prior notice to sellers.

Donating

Donating on Trendicted is managed via the donation portal within a users wardrobe. Trendicted manages donations via its affiliated non-profit organization “Enclothe”. Enclothe may at its own discretion choose to disburse donations to individuals and or intermediary organizations. When donations are made Trendicted will provide a donation receipt either from itself or from an intermediary organization in the amount of the fair value listed for the donated items. Donation receipts are valid for use within US and other applicable countries and territories. They can be added after the current disputes section.