Terms of Use

Last Updated: February 29, 2020.

 

Welcome to www.clothy72.com (“website” or “site”). Clothy72.com provides you with fashion trends and information, discussions, opinions, etc. on clothing and fashion: This content is provided by Clothy72.com as well as by third party contributors. Please be sure to read the following Terms carefully.

 

USE OF WEBSITE

By using this website, you are agreeing to these Terms of Use (“Terms” or “Agreement”) and the Privacy Policy. This website is operated by Nildao Ltd. (“Nildao”) and any reference to “we”, “us” and “our” in this Agreement refers to Nildao. These Terms are a legally binding contract between you and Nildao.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Your use of the website and Services constitutes your acceptance of and agreement to these terms and conditions. Nildao reserves the right to make modifications and/or amendments and additions to these Terms as updated from time to time on our website. Your continued use of the site represents your acceptance of any modifications to the Terms.

You must be 18 years old or at least the legally required age in the jurisdiction in which you reside, and otherwise capable of entering into binding contracts, in order to use or access the website and services. If you are under 18 years old or the age of majority in your jurisdiction, then you may not use or access the website. Children under 13 years old are prohibited from using our Services or otherwise providing any personal information to us.

Nildao reserves the right to modify or alter the website and/or the services it offers at any time. Nildao Ltd. reserves the right, without prior notice, to restrict or terminate access to or use of certain services (or any features within the services) without any notice or liability, for any reason.

This Agreement incorporates the Clothy72.com Privacy Policy which can be found at Privacy Policy as well as any other amendments and/or additions to this Agreement as we may publish from time to time. There may be certain services offered either now or in the future which may be subject to additional terms and any such terms will be posted with such services. If you choose to use those services, you agree that additional terms apply.

 

SITE SECURITY

You are prohibited from violating or attempting to violate the security of the site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or any malware to the site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or introducing any malware. Violations of system or network security may result in civil or criminal liability. Nildao will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available from Nildao on this site and other than generally available third-party web browsers.

 

USER CONTENT

Some of the Content on Clothy72.com is provided by users and/or third parties. You agree that, by disclosing or offering any information to us, including texts, scripts, comments, computer files, documents, graphics, photographs, videos, suggestions, ideas, or other information, either through your use of the site or otherwise, you authorize Nildao to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Content on the site. By submitting or posting Content on the site, you automatically grant, and you represent and warrant that you have the right to grant, to Nildao an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.

When you submit Content to us, you represent that you have all of the necessary rights to, and are fully authorized to disclose, any and all of the information contained in the Content. You are fully responsible for any Content you make and for the legality thereof.

 

PROHIBITED CONDUCT

As a user of the site, in addition to any restrictions noted in these Terms, you also agree not to:

  • use any software, script, code, device, crawler, robot or other means not provided by us to access the site, Services or Content, including coupons;
  • circumvent, disable or otherwise interfere with any security-related features on the site;
  • engage in any fraudulent, deceptive or otherwise improper actions when using the Services;
  • interfere or attempt to interfere with Services provided by Nildao, including, without limitation, via means of submitting a virus to the website, spamming, crashing, or otherwise; and
  • engage in the commercial use or distribution of any the Content (including any coupons, offers, videos, blogs, or promotions), or copy or create any derivative work of any Services or Content; and
  • use your User Account or the Services for the benefit of any third party.
  • use this site in any unlawful way.

 

ACCURACY OF CONTENT ON THE SITE

Nildao makes no representation or warranty as to the accuracy or fitness for use of any third party offers listed on the site, including, but not limited to, coupons, rebates, discounts, etc. posted via the Services . Nildao also makes no representations or warranties that any third party will honor or acknowledge any coupons or offers posted on the site. Nildao is not responsible for any change of information at participating affiliates or merchants, including, but not limited to, rebate information, pricing, availability or fitness for use. You understand that Nildao does not and cannot review all material made available through websites linked or linking to any part of the site or Services.

 

DMCA NOTICE

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Nildao infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A):

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Nildao a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to copyright@clothy72.com Subject: Copyright Notice. Please be aware that there are penalties for false claims under the DMCA.

 

INTELLECTUAL PROPERTY

The website and services and all materials contained on this website or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content, and all Intellectual Property Rights related thereto, are the exclusive property of Nildao and its licensors or applicable third party rights holders. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the website.

Except as expressly provided elsewhere by this website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Except as expressly provided elsewhere by this website, any authorization to copy material granted by Nildao in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, is subject to your keeping intact all copyright and other proprietary notices, and use of any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

 

TRADEMARKS

“Clothy72.com” and related icons and logos are registered trademarks or service marks in various jurisdictions and are protected under applicable copyright, trademark and other intellectual property rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

 

THIRD PARTY LINKS, CONTENT, AND SERVICES

This website may contain links to third-party websites, advertisers, services, or other events or activities that are not owned or controlled by Nildao. Nildao does not endorse or assume any responsibility for any third-party sites, information, materials, products, or services. If you access a third-party website or use a third-party service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such third-party sites or services. You expressly relieve Nildao from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on this website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Nildao shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

You understand and agree that Nildao does not review third party content and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any third party content found on our site. You acknowledge that you may see third party content on the site that you find inaccurate, offensive, indecent, or objectionable; and you agree to, and hereby do, waive any legal or equitable claims, rights, or remedies you may have against Nildao arising from or relating to third party content.

 

INDEMNIFICATION

You agree to indemnify and hold harmless Nildao and its principals, shareholder, agents, officers, directors, consultants, subsidiaries, licensors, and employees from any and all claims, damages, obligations, payments, deficiencies, fines, judgments, settlements, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from or relating to: (I) any third-party claim, suit, action or proceeding arising out of the breach of Nildao’s representations and warranties contained herein; (ii) your use and access to any of Nildao’s services, including any data or content transmitted or received by you; (iii) your violation of any term of this Agreement; or (iv) your violation of any third-party right, including without any limitation, any rights of privacy or intellectual property rights.

 

DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED BY NILDAO ON AN “AS IS” AND “AS AVAILABLE” BASIS. NILDAO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. NILDAO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NILDAO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. NILDAO AND ITS AFFILIATES AND CONTENT PROVIDERS DO NOT WARRANT THAT THE USE OF THIS SITE OR ANY LINKED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. NILDAO ALSO DOES NOT WARRANT THAT THE CONTENT OR ANY INFORMATION PROVIDED THROUGH THIS SITE OR ANY LINKED WEBSITES WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR QUALITY OR THAT THE SITE AND ITS CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE NILDAO WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL NILDAO OR ANY OF ITS AFFILIATES, EMPLOYEES, CONTENT PROVIDERS, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF OR INABILITY TO USE THE NILDAO WEBSITE; (b) OUR PERFORMANCE OR FAILURE TO PERFORM OUR OBLIGATIONS UNDER THESE TERMS; OR (C) YOUR PURCHASE OR USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF NILDAO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING ANY OF THE ABOVE, IF NILDAO IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE OR YOUR USE OF THE SITE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT EXCEED $100 IN ANY CALENDAR YEAR.

 

FORCE MAJEURE

Nildao Ltd. shall not be liable for any delay, failure or disruption of the content or services delivered through the website to perform its obligations if caused directly or indirectly by matters beyond our reasonable control, including without limitation:

  • Internet failures, computer, telecommunications or any other equipment failures, electrical power failures.
  • Strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials
  • Fire, flood, earthquake, storms, explosions, acts of God, hurricane, or other natural disasters.
  • War, invasion, act of foreign enemies, hostilities, (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
  • Government sanction, orders of domestic or foreign courts or tribunals or non-performance of third parties, nationalization, blockage, industrial dispute, lockout or failure of utility service.

 

GOVERNING LAW

These Terms shall be governed by the laws of Switzerland and you agree to submit to the exclusive jurisdiction of the Swiss courts, namely the ordinary courts of the Canton of Bern. Nothing in this clause shall prevent Nildao Ltd from seeking and enforcing any injunctive relief in any country where this website is accessible to prevent any infringement of any laws or rules in such countries.

 

GENERAL

These Terms represent the complete agreement between the parties and supersede all prior agreements and representations between them.

Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section.

If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms shall remain in full force and effect.

The failure of Nildao to act with respect to a breach of these Terms does not constitute a waiver and shall not limit Nildao’s rights with respect to such breach or any subsequent breaches.

 

NOTICES

Nildao may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Nildao in its sole discretion. Nildao reserves the right to determine the form and means of providing notifications to our customers. Nildao is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Under California Civil Code Section 1789.3, California users of the website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

CONTACT

For general inquiries we can be contacted by email at contact@clothy72.com or by mail at Nildao Ltd., Wylerstrasse 22, 3014 Bern, Switzerland.

 

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