TERMS OF SERVICE

It is a customer and an owner’s responsibility to read and adhere to our terms and conditions. Using our site and services constitutes acceptance of our terms and conditions.

This agreement sets forth the legally binding terms and conditions for your use of the website at openclosit.com, services and mobile applications provided by OpenClosit (collectively, the “Services”).

By using the Sites in any manner, including but not limited to visiting or browsing the Site, you (the “User" or “You") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Sites, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

1. OPENCLOSIT AS A VENUE

OpenClosit acts as a venue to allow users who comply with OpenClosit's policies to offer and rent goods. Consequently, OpenClosit does not transfer legal ownership of items from the owner to the customer.

OpenClosit cannot guarantee the true identity of a user. As such, OpenClosit encourages you to communicate directly with potential transaction partners via the tools available on the Site. OpenClosit is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on OpenClosit. You use the OpenClosit service at your own risk. OpenClosit is a Los Angeles venue and use of its services is for California only. Any transaction occurring outside of California must be disclosed to all parties of the transaction and agreed to.

2. MEMBERSHIP ELIGIBILITY

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by OpenClosit's Terms of Service and policies that may be published from time to time on the Site by OpenClosit, each of which is incorporated herein by reference and each of which may be updated by OpenClosit from time to time without notice to you.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify OpenClosit of any unauthorized use of your password or any breach of security. You also agree that OpenClosit cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than OpenClosit without OpenClosit's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

Account Transfer: You may not transfer or sell your OpenClosit account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: OpenClosit's services are not available to temporarily or indefinitely suspended OpenClosit members. OpenClosit reserves the right, in OpenClosit's sole discretion, to cancel unconfirmed or inactive accounts. OpenClosit reserves the right to refuse service to anyone, for any reason, at any time.

3. LISTING AND RENTING

Listing Description: By listing an item on the Sites you warrant that you and all aspects of the item comply with OpenClosit's published policies. You also warrant that you may legally rent the item. You must accurately describe your item and all terms of lease in your OpenClosit profile. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category. For “Managed” accounts or closets, whereby OpenClosit creates and manages your rental listings, it is your responsibility to review and approve of your listing(s) description for accuracy. 

Please note that listings may be removed by OpenClosit at any time. Please review section 15, "BREACH", for further information.

4. PROHIBITED ITEMS AND ACTIVITIES

You are solely responsible for your conduct and activities on and regarding to OpenClosit and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on OpenClosit.

Restricted Activities:

Your Content and your use of OpenClosit shall not:

• Be false, inaccurate or misleading;

• Be fraudulent or involve the lease of illegal, counterfeit or stolen items; 

• Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see "Use of Images/Copyright);

• Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

• Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

• Take any actions that may undermine or discredit the OpenClosit feedback and ratings systems; 

• Attempt to decompile, reverse engineer, disassemble or hack the Services or Sites (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by OpenClosit with respect to the Services and/or data transmitted, processed or stored by OpenClosit;

• Harvest or collect any information about or regarding other OpenClosit account holders, whether through automated means, such as harvesting bots, spiders, robots or scrapers (“Automated Data Collection”), or otherwise, including, without limitation, any personal data or information;

• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorized form of solicitation;

• Modify, adapt or hack OpenClosit or modify another website so as to falsely imply that it is associated with OpenClosit;

• Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

• Use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;

• Use the Services to violate the privacy of others or to “stalk” or otherwise harass another;

• Use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above

Furthermore, you may not list any item on OpenClosit (or consummate any transaction that was initiated using OpenClosit's service) that could cause OpenClosit to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Service.

5. USE OF IMAGES/COPYRIGHT AND CONTENT

OpenClosit does not take responsibility for the images uploaded by individuals on our site. It is the individual's responsibility to abide by US photographic and copyright laws and regulations, and ensure that the individual has permission or ownership of the images they are uploading on our website. OpenClosit is committed to helping people and organizations protect their intellectual property rights. The OpenClosit terms and conditions do not allow posting content that violates someone else’s intellectual property rights, including copyright and trademark. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via OpenClosit. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. You agree that OpenClosit is not responsible for, and does not endorse, Content posted within the Service. OpenClosit does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

OpenClosit is happy to assist in the removal of any imagery that violates US photographic and copyright laws and regulations. Please allow 48 hours for us to remove content once it has been reported.

As part of a transaction, you may obtain personal information, including email address, mobile phone number, and address information, from another OpenClosit user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for OpenClosit-related communications. OpenClosit has not granted you a license to use the information for unsolicited commercial messages, or to disseminate such information on any public platform, including OpenClosit. Without limiting the foregoing, without express consent from the user, you are not licensed to add any OpenClosit user to your email or physical mail list.

Re-Posting Content: By posting Content on OpenClosit, it is possible for an outside website or a third party to re-post that Content. You agree to hold OpenClosit harmless for any dispute concerning this use.

6. INFORMATION CONTROL

OpenClosit does not control the Content provided by users that is made available on OpenClosit and, as such, does not guarantee the accuracy, integrity or quality of such Content. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

You acknowledge that OpenClosit may or may not pre-screen Content, but that OpenClosit shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available on the Sites. Without limiting the foregoing, OpenClosit and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions.

You acknowledge, and consent to and agree that OpenClosit may access, preserve and disclose your account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over OpenClosit or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of OpenClosit, its users and/or the public.

7. DRY CLEANING

All rentals include dry cleaning and can be returned uncleaned, unless otherwise stated by the individual owner and the item’s listing.

8. REFUNDS

Once an item has been rented, and its rental date held, there are no refunds on items rented.

In the situation where an item is not available to the customer at the time of their event the customer is entitled to a full refund. This is inclusive of situations where the item has been delayed in the mail, even if the item was mailed in advance and the item was unexpectedly delayed. 

10. WEARING OF A HIRED ITEM

A customer must pay for the possession and responsibility of an item, regardless of whether they ended up wearing it or not. 

An item is rented out for one event only, and to one person only, unless otherwise arranged with the owner. A dress that is in the possession of a customer for a weekend cannot be lent to their friend, and worn on two occasions, even if worn by the same person, unless this is agreed by the owner. This is because as a dress is worn, it depreciates in value and faces the risk of damage and deterioration. Therefore, the rental price covers the cost of one occasion, day or event only.

If a renter damages an item beyond repair, deeming the item 'unwearable' or they do not return the item, they are required to pay for the damages at any value that is less than or equal to the RRP of the item. ‘Unwearable’ in all circumstances refers to an item that would not be worn by any reasonable person because of the damage. 

If stains or damages are caused to the item, decreasing its value but allowing it to still be wearable, the renter will be asked to cover its damages. If a dispute has arisen over the damages, i.e. whether or not the damages deem a charge to the renter, OpenClosit reserves the right to settle this dispute. 

Permanent alterations are not permitted on rentals.

11. RETURN OF AN ITEM

Rentals must be dropped off in store or in our dropbox before the end of their rental period. For mailed returns, it is the renter’s responsibility to mail the item in advance of its due date for a timely arrival.This is to ensure it’s availability for the next renter and their special event. If an item is returned past its due date, the renter will be charged for an additional rental.

OpenClosit is not responsible for unforeseen delays, incorrect shipping addresses, items lost, damaged or stolen during or after shipping.

12. POSTAGE

It is the customer’s responsibility to provide OpenClosit with an address that will result in safe delivery of the item. If tracking is provided and the tracking is confirmed as delivered, the receiver is immediately responsible for the item. If the receiver cannot locate the parcel following delivery, it is the receiver’s liability to notify OpenClosit within 3 business days so that OpenClosit may assist in pursuing it with the carrier, as tracking states the item has been delivered.

All postage provided by OpenClosit is trackable with its carrier. 

If an item’s postage is provided by OpenClosit, but the item does not arrive at the destination, OpenClosit will pursue its retrieval and lodge a missing parcel form with the carrier and attempt to retrieve the item. If the item cannot be found, but the tracking number provided shows sufficient proof that the item was posted correctly by the customer, then the customer is not liable for the loss of the item, and this is now an issue with the carrier. If there is not sufficient proof that the item was posted correctly by the customer, the customer may be asked to cover the item’s loss and damages.

If a customer uses their own postage and it is not trackable, OpenClosit does not assume responsibility for it, and the person who sent the item is responsible for the compensation of it. 

13. LIABILITY

Under no circumstances will the OpenClosit parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the OpenClosit content; (c) user content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by the OpenClosit parties or law enforcement authorities regarding your or any other party's use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service's operation; or (h) any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, 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 foreseeable or even if the OpenClosit parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will the OpenClosit parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. In no event will the OpenClosit parties total liability to you for all damages, losses or causes or action exceed one hundred US dollars ($100.00).

You agree that in the event you incur any damages, losses or injuries that arise out of OpenClosit's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the OpenClosit parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the OpenClosit parties.

OpenClosit 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.

14. BREACH

Without limiting any other remedies, OpenClosit may, without notice, delay or immediately remove Content, warn OpenClosit's community of a users actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: OpenClosit suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; OpenClosit is unable to verify or authenticate any of your personal information or Content; or OpenClosit believes that a user is acting inconsistently with the letter or spirit of OpenClosit's policies, has engaged in improper or fraudulent activity in connection with OpenClosit or the actions may cause legal liability or financial loss to OpenClosit's users or to OpenClosit.

15. LEGAL COMPLIANCE, TAXES

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and any OpenClosit service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Sites (excluding any taxes on OpenClosit’s net income).

16. OPENCLOSIT SERVICE

OpenClosit reserves the right to modify or terminate the OpenClosit service for any reason, without notice, at any time. OpenClosit reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If OpenClosit makes a material change OpenClosit will notify you here, or other places OpenClosit deems appropriate. What constitutes a "material change" will be determined at OpenClosit's sole discretion, in good faith, and using common sense and reasonable judgment. Your continued use of the Sites and Services after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

17. PRIVACY POLICY

This Privacy Policy governs the manner in which OpenClosit collects, uses, maintains and discloses information collected from users of its Services. This privacy policy is incorporated into, and form a part of, the Site's Terms of Service.

PERSONAL IDENTIFICATION INFORMATION

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.

NON-PERSONAL IDENTIFICATION INFORMATION

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

WEB BROWSER COOKIES

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

HOW WE USE COLLECTED INFORMATION

• To improve customer service. Your information helps us to more effectively respond to your customer service requests and support needs.

• To personalize user experience. We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

• To improve our Site. We continually strive to improve our website offerings based on the information and feedback we receive from you.

• To process transactions. We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

• To administer a contest, promotion or other feature, either on the Site or through a trusted partner, affiliate or platform.

• To send Users information or periodic emails relevant to our Site and our service, or information and updates pertaining to their order, or to respond to their inquiries or other requests and questions.

PURCHASES

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases ("Payment Processor"). For Purchases that do not require immediate payment, information is stored by our Payment Processor and the transaction is only completed upon the sale of the product(s) via any platform(s) or method(s), as described in the information and content provided by us. Your payment information is always encrypted through secure socket layer technology (SSL) and stored with a SHA-256 or RSA-256 encryption and a minimum of 2048 bit RSA keys. Our services adhere to the standards set by Payment Card Industry Data Security Standard (PCI-DSS) as managed by the PCI Security Standards Council which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

HOW WE PROTECT YOUR INFORMATION

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with the strongest digital signatures available.

Users who have verified their OpenClosit account with Instagram can delete all their Instagram user data (id, username) from our servers by clicking "disconnect" under Edit Profile -> Instagram.

SHARING YOUR PERSONAL INFORMATION

We do not sell, trade, or rent Users personal identification information to others. We may publicly share aggregated, non-personally identifiable, or otherwise public information or content related to our Site for the purposes outlined above.

THIRD PARTY WEBSITES

Users may find content on our Site that link to the sites and services of our partners, suppliers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

CONTACT

If you have any questions about these Terms & Conditions, please contact us at support@openclosit.com.