Terms of Use

Welcome to our Terms of Use!

We think this policy stuff is a bit boring, too, but we had to write it like this to avoid any confusion. So, truck on through - we know you'll make it to the end!

TERMS OF USE

This website, located at www.ModCloth.com or any of our affiliated sites including mobile and/or Internet applications or "apps" (collectively, the "Site"), is provided by ModCloth, Inc. (ModCloth, "we," "our," or "us") to the person accessing this Site ("you," "your").

1. You Agree to These Terms by Using This Site

Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. ModCloth may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You cannot modify these Terms of Use. These Terms of Use only can be modified in a writing signed by ModCloth. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must stop your use and exit the site immediately.

2. Permitted Use of the Site; Termination

The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing ModCloth or its services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.

You agree that ModCloth may, without cause or prior notice, and without liability to you or any third party, immediately terminate your ModCloth membership, any promotion, accumulated reward or virtual currency associated with your membership and/or email address,, access to your membership page, access/participation in any special marketing groups, access to our blog, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with the these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your membership may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ModCloth may have at law or in equity.

Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Site, and/or (i) no cause at all.

Termination of your ModCloth membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in ModCloth's sole discretion and that ModCloth shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.

You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at: support@modcloth.com

3. User-Submitted Content

The Site may, from time to time, offer interactive features that allow users to submit content to the Site. ModCloth does not and cannot review all such content, and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute user-generated content on the Site, ModCloth is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize ModCloth to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, ModCloth reserves the right to block or remove communications or materials that it determines to be unacceptable to ModCloth in its sole discretion.

By submitting any user-generated content, you hereby grant ModCloth (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you represent and warrant that you have your parents' permission to make such grants. All content that you submit may be used at ModCloth's sole discretion without any obligation of confidentiality.

Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ModCloth employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.

4. Interaction with other Users

You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release ModCloth (and ModCloth's 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 such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

5. Notice; Electronic Communications

When you visit this Site, send emails to ModCloth, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with ModCloth.

We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your ModCloth membership page and adjusting your settings accordingly. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.

Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

6. Privacy

ModCloth's Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) you transmit to the Site by electronic mail or otherwise will be used by ModCloth in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. We encourage you to read our Privacy Policy for more details.

7. Practices; Typographical Errors; Colors

You acknowledge that ModCloth may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on ModCloth's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You agree that ModCloth has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that ModCloth reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that ModCloth reserves the right to modify these general practices and limits from time to time.

In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, ModCloth reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, ModCloth shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall ModCloth be obligated to provide you the merchandise at the incorrect price.

The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, ModCloth makes no guarantees that any actual colors of products or features will be true or accurate.

8. Disclaimer - Warranty

THIS SITE, ITS CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MODCLOTH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ModCloth does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. ModCloth does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless ModCloth, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your membership (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account. You are responsible for protecting and not disclosing your user name and password to others.

10. Limitations of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER MODCLOTH, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

11. Third-Party Links

In an attempt to provide increased value to our visitors, ModCloth may link to sites operated by third parties. However, even if the third party is affiliated with ModCloth, ModCloth has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of ModCloth. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, ModCloth specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

ModCloth does not endorse the content, or any products or services available, on such sites. Nonetheless, ModCloth seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non confidential and non proprietary.

12. Intellectual Property

Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by ModCloth or its affiliates. The Contents, including its trademarks such as MODCLOTH and MODCLOTH and design, BE THE BUYER, BE THE DESIGNER, and the WINSTON Logo, may not be used by you for any commercial purpose without ModCloth's written consent.

Copyright 2002-12, ModCloth, Inc. ALL RIGHTS RESERVED.

All software used on this Site is the property of ModCloth or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.

13. Copyright Complaints

If you believe that your copyright or other rights have been infringed, please provide the following information to our Designated Agent who can be reached by email at support@modcloth.com

:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;

(ii) a description of the copyrighted work or other work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the ModCloth's website;

(iv) your address, telephone number, and email address;

(v) a written 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;

(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.

14. Export Control

Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

ModCloth does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.

15. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the Commonwealth of Delaware, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within New Castle County, Delaware, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

16. Assignment

ModCloth may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

17. Referral Program

ModCloth may offer you the opportunity to earn referral credits or other benefits by referring friends to join. Those credits and/or benefits may be awarded to the referrer for qualified referrals that result in new ModCloth members who make at least one qualified purchase. Referrals of existing ModCloth members or anyone who previously had a ModCloth account will not count towards your eligibility to earn referral credits. Members are eligible to receive referral credits for a qualified referral only if the referred customer participates using the unique referral link embedded in the referral email. Referral credits are not property, have no cash value, and can only be used in connection with making a purchase on the Site. Referral credits are not transferable, assignable, or sellable, are not gift certificates, and cannot be used to purchase gift certificates. Referral credits expire 24 months after they are granted.

ModCloth reserves the right to revoke referral credits if we determine that you have engaged in fraudulent referral activity (e.g. inviting yourself to join with a fake email address, using spam to obtain referrals, or acquiring referrals through unsolicited email to persons unknown to you) or if you have otherwise violated our Terms of Use, if we terminate your membership, or if you do not comply with any of these guidelines.

Referral credits are granted at ModCloth's sole discretion. We reserve the right to amend these guidelines and the methods through which referral credits or other benefits are earned at any time without notice to you. For more information about the referral program, please review the full Terms and Conditions for the referral program at www.modcloth.com/help/terms-of-use/modcloth-referral-program-terms.

18. Rewards

Rewards, referral credits, and other forms of virtual currency provided to you by ModCloth or its partners for use on ModCloth.com (collectively Rewards) are not transferable and may not be combined with Rewards belonging to others. At no time may you purchase, sell, or barter any Rewards. Rewards have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, Rewards do not constitute property and you do not have a vested property right or interest in the Rewards. Rewards will expire 24 months after the date of issuance, unless otherwise stated by ModCloth. We reserve the right at any time in our discretion, and without prior notice, to discontinue the Rewards program or to add or change Rewards program rules, terms or conditions, including changing expiration periods or Rewards values for existing or future Rewards.

19. Privacy Policy

  1. Information We Collect & How We Use It

    ModCloth.com requests and collects personal information from our customers at various site locations and instances, including, but not limited to, when you create a ModCloth.com membership, make a purchase, communicate with us via social media, write a product review, create a wishlist, participate in events, contests, or promotions, contact our customer care team, or post other customer-generated content to this Site. These are currently the primary ways in which we gather information, however, we may also collect data through other channels in the future.

    The types of personal information we may collect from you can vary according to the method through which it was attained. It may include, but is not limited to, the following:

    1. Information You Provide to Us
    2. We receive and store any information you knowingly provide to us, such as:

      - Full name

      - Email address

      - Phone number

      - Shipping address

      - Billing information and payment details (such as billing address, credit card details, and other sensitive financial information, specifically for the purpose of completing your transaction)

      - Username and password for your ModCloth.com membership

      - A record of your ModCloth.com orders, purchase history, and shopping behavior and preferences

      - Information provided by you through your interactions with us in social media

      - Location and geographic information that could be collected if you use our mobile site or app.

      - Other details that you may submit to us or that may be included in the information provided to us by third parties.

      - Additionally, when you select to email a friend your wishlist or tell a friend about ModCloth.com, we request their email address from you to send them a one-time email. We do not share your friends email information for any other purposes unless that friend creates a membership to ModCloth.com.

    3. Information Collected Automatically
    4. We use third-party website analytics tools (including Omniture Site Catalyst, QuantCast, and Google Analytics) that automatically collect non-personally identifiable information from your browser to our server logs whenever you interact with our Site. Such information includes, but is not limited to, IP address, pages viewed, site navigation patterns, details about the devices used to access the Internet and our Site, and geo-location tracking information if you are accessing our Site from a mobile device. It is obtained by automated means, such as cookies and web beacons. Cookies are text files that are transferred to your computer's hard drive as you navigate our Site and other sites. We use cookies to help us show advertisements on other websites likely to be more interesting to you; to compile aggregate data about site traffic and site interaction; and to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services, site experiences, and tools in the future. You may be able to adjust the preferences on your browser or device to change your devices acceptance of cookies, but doing so may limit our ability to provide content tailored to you.

      We may collect and store non-personally identifiable usage information (including frequency and number of visitors to our Site). Such data is used only in aggregate form and in a manner that assures your anonymity. We may provide this anonymous, aggregate information to our partners; and our partners may additionally use such information in order to determine general usage patterns and trends in an effort to provide you with an improved online experience.

    5. Email & Other Communications
    6. We may contact you via email to send you necessary order-related messages, such as order confirmation and shipment confirmation notices.

      We may also send you newsletters and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these and other promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your ModCloth membership page and adjusting your settings accordingly.

    7. How We Use Your Information
    8. All of the personal information we collect from our customers is for the purpose of the reasoning described above (see sections b & c), as well as:

      - processing, verifying, validating, and completing your transaction

      - creating, managing, and maintaining your membership to this Site

      - providing requested live customer support and services

      - record keeping of your purchase history

      - enabling communication via our Site, blog, and social networks

      - managing your participation in contests and promotions

      - sending email as appropriate (See Section c: Email & Other Communications)

    9. Under 13?
    10. ModCloth.com is intended for users who are 13 years of age and older. If you are under the age of 13, you are not permitted to submit any personal information to ModCloth.com. We will promptly delete any personal information from a person under the age of 13 should we discover that we have collected such information from a person under the age of 13 without verification of parental consent. If you believe we may have collected information from a person under the age of 13, please promptly contact support@modcloth.com so we can correct.

  2. Information Sharing

    ModCloth.com does not share the personal information of its users with any unaffiliated third parties for their promotional purposes. We share your personal information with unaffiliated third parties only as described below:

    1. Payment, Shipping, Referral, & Other Programs
    2. We use a third party payment processor and a third party shipping agent to ensure the payment and delivery of your purchased products. We also use a third party to administer our referral program. We may use other third parties for other services from time to time. These third parties have no authority to use your personal information for their own promotional purposes.

    3. Legal Disclosure
    4. We reserve the right to disclose personal information to our service providers, the government, law enforcement agencies, or other third parties under certain circumstances where a formal request has been made (such as in responding to a court order, subpoena, or judicial proceeding) as ModCloth.com, in our sole and absolute discretion, deems necessary and appropriate. Moreover, in the event of a sale, merger, or transfer of some or all of ModCloth.com's assets, or dissolution or bankruptcy, your personal information may be transferred to an unaffiliated third party as part of or apart from other transferred assets or assets. Any transfer will then be governed by and be the responsibility of any purchaser of or successor to the transferred assets or assets. We shall notify you by a notice on the home page of any change in the information practices governing your personal information as a result of any transfer of assets or any asset change in ownership, and your choices in how your information is used.

    5. Links to Third Party Websites
    6. This Site contains links to other websites. ModCloth.com takes no responsibility for the privacy practices or the content of these other websites. We encourage you to read the privacy policies of each website you visit prior to disclosing your personal information.

    7. User-Generated Content & Information Disclosure
    8. Any personal information or image content you voluntarily disclose online in a manner that other users can view (including, but not limited to: product reviews, Be the Buyer comments, on social media pages, in connection with contests and promotions, and on the ModCloth blog) becomes publicly available, and can be read, collected, and used by other members of this forum to send you unsolicited messages. Your membership name, email, or other information may also be displayed when you post comments or upload images throughout the Site. ModCloth.com is not responsible for the personal information users select to disclose in these forums.

  3. How We Protect Your Information

    ModCloth.com utilizes some of the most advanced technology available today for Internet security purposes. When you access our checkout using industry standard Secure Socket Layer (SSL) technology, your information is protected with both server authentication and data encryption, ensuring that your data is safe, secure, and available only to ModCloth.

    Our site is verified by Fastly and uses TrustCommerce for all of our secure credit card transactions. We are a BBB accredited business.

    In addition, ModCloth.com is hosted in a secure server environment that uses a firewall and other advanced technology to prevent interference or outside access to keep us all safe!

  4. Accessing Your Personal Information & Preferences

    You can access, update, or change your personal information and communication preferences by signing into your ModCloth membership page and modifying your preferences at your discretion.

    You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to create a membership with us or to take advantage of some or all of our features.

  5. Your California Privacy Rights

    Under California's "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2012 will receive information regarding 2011 sharing activities).

    To obtain this information from ModCloth please send an email message to support@modcloth.com with "Request for California Privacy Information" on the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Not all information sharing is covered by the "Shine the Light" requirements, and only information on covered sharing will be included in our response.

  6. Privacy Policy Updates

    ModCloth may, at any time and without notice, modify and update this Privacy Policy by revising it on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Privacy Policy.

    Last updated April 21, 2014

  7. 20. Questions and feedback

    We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to support@modcloth.com.

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