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ModCloth Share the Love: Give $15, Get $15* Program Terms and Conditions

***We are no longer running this program. Please stay tuned for more exciting events and programs in the future!***

ModCloth (we, ModCloth or Company) may, from time to time, offer users of its service (Service) the opportunity to earn credits toward future purchases on ModCloth's site by referring friends to try the Service who make a qualifying purchase within the required time (ModCloth Share the Love: Give $15, Get $15 Program or Program). Company reserves the right to terminate the Program at any time for any reason. The Program is administered by Extole, Inc., 625 2nd Street, Suite 101, San Francisco, CA 94107 (Administrator). The Company and the Administrator are collectively referred to as Program Entities.

These terms (Terms and Conditions) as well as Company's other Terms and Conditions and Terms of Use shall apply to a users participation in the Program. By participating in the Program, users agree to use the Program in the manner specified in the Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as a Referrer or to participate in the Program in any manner. Users may not participate in a Program where doing so would be prohibited by any applicable law or regulations.

1. Privacy

Participation in the Program requires users to submit the name and email address of themselves and those they refer (collectively Users). The personal information will be collected, processed, and used in accordance with Company's Privacy Policy, which can be found at http://www.modcloth.com/help/privacy and Administrators Privacy Policy, which can be found at http://extole.com/privacy-policy. In addition, personal information may be used by Company or Administrator, on Company's behalf, to contact Users with regard to participation in the Program.

2. How the Program Works

Program Participation, Generally

To participate, visit https://www.modcloth.com/customers/referrals and follow the on-screen instructions to refer as many friends, family members, or colleagues as you want to the Service by entering each persons name and email address in the recipient box (Entries).

Users who refer are called Referrers; individuals who are referred are called Referred Customers. For every Qualified Referral (defined below), Referrer may be eligible to receive Referral Credit(s) (also defined below), provided Referrer is otherwise eligible under, and fully compliant with, these Terms and Conditions.

Company reserves the right to modify or amend at any time these Terms and Conditions and the methods through which Referral Credits are earned. Company reserves the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.

Eligibility

Referrers must be legal residents of the 50 U.S. states and the District of Columbia who 1) are 21 years or older, and 2) have the legal right to provide the personal information (e.g., name and email address) of each Referred Customer.

Companies and employees of Program Entities or their subsidiaries, affiliates, or promotional agencies, including immediate family and household members, are not eligible to participate in the Program.

Qualified Referrals

Upon referring a friend, Referrers will be provided with a unique referral link (Personal Link) that allows Referrer to receive credit for Qualified Referrals (Credit). Personal Links will be issued only to individuals. An individual must be registered with the Program to be issued a Personal Link but no purchase is required.

Referrers must respect the spirit of the Program by only referring real third-party individuals who meet the requirements of these Terms and Conditions. For example, a Referrer may not create multiple or fake accounts with Company or participate in the Program using multiple or fake email addresses or identities.

Referral Credits can only be awarded for Qualified Referrals. A Qualified Referral means that all the following conditions are met:

1. The Referred Customer completed a purchase or registration process using the Referrers Personal Link (embedded into the invitation email). If a Referred Customer purchases or registers with the Service using any other method, the registration will not count as a Qualified Referral and Referrer will not earn Credit;

2. The Referred Customer was not previously registered with the Service under any email address or alias;

3. The Referred Customer is 21 years or older; and

4. The Referred Customer makes a qualifying purchase totaling $50 or more on ModCloth.com within 30 days of completing the registration process and the qualifying purchase is not returned to Company within four(4) weeks of the date of purchase. Purchase of a gift certificate is not a qualifying purchase.

Only one Qualified Referral can be earned for each Referred Customer. Any additional or subsequent purchases made by a Referred Customer will not result in Qualified Referral Credits.

Earning Referral Credits

Referrer shall receive one (1) Referral Credit valued at fifteen dollars (US $15) toward future purchases on Modcloth.com for each valid and verified Qualified Referral generated by Referrer. A Referrer may not earn more than five hundred eighty-five dollars (US $585) in Referral Credits per calendar year. Referral Credit(s) will appear in Referrers account within six (6) weeks after a Qualified Referral. Referral Credits earned may only be used on Modcloth.com and may not be used toward the purchase of a gift certificate or on any other website affiliated with either of the Program Entities.

Referral Credits are subject to verification. Program Entities may withhold a Referral Credit for investigation, or refuse to process any transaction Company deems fraudulent, suspicious, in violation of these [2] Terms and Conditions, or believes will impose liability on Company, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents.

All Program Entities decisions are final and binding, including decisions as to whether a Qualified Referral or Referral Credit is valid.

Referral Credits are not property, have no monetary value and may not be redeemed for cash. Referral Credits are not transferable and may not be assigned, auctioned, traded, bartered or sold. Company reserves the right to terminate the Program at any time, although Referral Credits accrued shall be valid for twenty-four (24) months from the date issued. Company reserves the right to revoke Referral Credits if it determines, in its sole discretion, that Referrer has engaged in fraudulent referral activity (e.g. inviting himself or herself to join with a fake email address, using spam to obtain referrals, or acquiring referrals through unsolicited email to persons unknown to Referrer, or through third party discount or coupon websites), if Company terminates Referrers membership, or if Referrer does not comply with any of the Terms of Use or Terms and Conditions for the modcloth.com website or this Program.

3. Liability

By participating in the Program, Users agree: (a) to be bound by these Terms and Conditions, the decisions of the Program Entities and/or their designees, and the Privacy Policies of Program Entities b) to release and hold harmless Program Entities and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the Released Parties), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Referral Credit); and (c) to be contacted by Program Entities via e-mail. Program Entities reserves the right to make changes or additions to these Terms and Conditions for any reason at any time. Program Entities failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.

The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled, or unintelligible Entries or communications, regardless of the method of transmission; (ii) telephone system, telephone, or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to, or alteration of Entries or other materials; (iv) any injuries, losses, or damages of any kind resulting from acceptance, possession, or use of a Referral Credit, or from participation in the Program; or (v) any printing, typographical, administrative, or technological errors in any websites or materials associated with the Program, including any errors regarding the number of Referral Credits earned. Program Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program, and reserve the right, in their sole discretion, to cancel, modify, or suspend the Program should a virus, bug, computer problem, unauthorized intervention, or other causes beyond Program Entities control, corrupt the administration, security, or proper function of the Program.

The Released Parties shall not be liable to any Users for failure to supply any Referral Credit or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties control.

As a condition of entering the Program, Users agree that under no circumstances will Users be entitled to any awards for any losses or damages, and Users hereby waive all rights to claim punitive, incidental, consequential, and any other damages, and waives any and all rights to have damages multiplied or otherwise increased. Any tax liabilities that accrue from the accumulation and/or use of Referral Credits are the sole responsibility of the Referrer.

YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. NEITHER COMPANY, ADMINISTRATOR, NOR ANY OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PROGRAM 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 THE PROGRAM 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.

4. Applicable Law

Any and all disputes, claims, and causes of action arising out of or related to this Program or any prize awarded shall be resolved under Delaware law (without reference to its conflicts of laws principles), and participant agrees to submit any dispute to the exclusive jurisdiction of the state and federal courts located in New Castle County, DE.

5. Publicity

Participation in the Program and/or acceptance of a Referral Credit constitutes permission to Program Entities to use any Users first and last name, company name, Client Name profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.

6. Conduct

Prohibited Conduct, Generally

Users agree not to use the Program to:

- Violate applicable law;

- Infringe the intellectual property rights of the Program Entities or any third parties;

- Stalk, harass, or harm another individual;

- Collect or store personal data about other Users;

- Impersonate any person, or otherwise misrepresent User's identity;

- Interfere with, disrupt, or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;

- Interfere with another User's use of the Program;

- Attempt to gain unauthorized access to the Program, or to other accounts, computer systems, or networks connected to the Program;

- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;

- Use the Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;

- Resell, barter, trade, auction, or otherwise generate income by providing access to the Program to others.

Bulk Distribution

If a Referrer provides a Personal Link to a Referred Customer by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or spam in Program Entities sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrers account and deactivation of the Personal Link.

Fraudulent and Suspicious Behavior

Program Entities may prohibit a User from participating in the Program or receiving a Referral Credit, in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity, or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten, or harass any other users or representatives of Program Entities. Use of any automated system to participate is strictly prohibited and will result in disqualification. Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities, or use any system, bot, or other device or artifice to participate in the Program or receive a Referral Credit. Program Entities reserve the right to disqualify any User and/or cancel any Referral Credit(s) it finds to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions. Referrals generated by a script, macro, or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, PROGRAM ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

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