Last Updated: July 26, 2024
These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Shenzhen Huoshan Trading Co., Ltd. ("Company", "we", "us", or "our"), concerning your access to and use of the OOTDIFY mobile application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Service"). You agree that by accessing the Service, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. We will provide you with notice of any material changes at least thirty (30) days before the date they become effective, for example via a notification within the Service or by email. Your continued use of the Service following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to the new terms, in whole or in part, please stop using the Service.
You must be at least 13 years old (or the minimum age required by the laws of your country to use our Services) to use the Service. If you are under the age required to enter into a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and you agree that you will not disclose your password to any third party. You agree that you are solely responsible for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
The OOTDIFY Service primarily allows users to:
We may modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. The specific features and services available may change over time.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the OOTDIFY application on a mobile device that you own or control and to run such copy of the application solely for your own personal, non-commercial purposes.
You agree not to, and will not assist, encourage, or enable others to use the Service:
We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
You retain ownership of any intellectual property rights that you hold in the content you submit, post, or display on or through the Service ("User Content"), such as outfit photos or notes. By submitting, posting or displaying User Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such User Content solely in connection with operating, providing, promoting, and improving the Service. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; and the User Content does not infringe upon the rights of any third party. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends over the Service. We reserve the right, but are not obligated, to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
The Service and its original content (excluding User Content),
features, and functionality are and will remain the exclusive
property of the Company and its licensors. The Service is
protected by copyright, trademark, and other laws of both China
and foreign countries. Our trademarks and trade dress may not be
used in connection with any product or service without the prior
written consent of the Company.
DMCA Notice and Takedown Procedure: We respect
the intellectual property rights of others. It is our policy to
respond to any claim that User Content posted on the Service
infringes on the copyright or other intellectual property rights
("Infringement") of any person or entity. If you are a copyright
owner, or authorized on behalf of one, and you believe that the
copyrighted work has been copied in a way that constitutes
copyright infringement, please submit your claim via email to
[Insert DMCA Agent Email, e.g., legal@ootdify.com], with the
subject line: "Copyright Infringement" and include in your claim
a detailed description of the alleged Infringement as detailed
below, under "DMCA Notice and Procedure for Copyright
Infringement Claims". You may be held accountable for damages
(including costs and attorneys' fees) for misrepresentation or
bad-faith claims on the infringement of any User Content found
on and/or through the Service on your copyright.
To submit a DMCA notice, please provide our Copyright Agent with
the following information in writing (see 17 U.S.C 512(c)(3) for
further detail):
You can contact our Copyright Agent via email at [Insert DMCA Agent Email again].
The Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You may terminate these Terms at any time by discontinuing use of the Service and deleting the application from your device. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; (b) ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF (I) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (II) ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Service or your breach of these Terms, including but not limited to the content you submit or make available through this Service.
These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of California, United States, applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT
YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN
COURT.
Mandatory Arbitration of Disputes. We each
agree that any dispute, claim or controversy arising out of or
relating to these Terms or the breach, termination, enforcement,
interpretation or validity thereof or the use of the Service
(collectively, "Disputes") will be resolved solely by binding,
individual arbitration and not in a class, representative or
consolidated action or proceeding. You and Company agree that
the U.S. Federal Arbitration Act governs the interpretation and
enforcement of these Terms, and that you and Company are each
waiving the right to a trial by jury or to participate in a
class action.
Exceptions and Opt-out. As limited exceptions
to the section above: (i) you may seek to resolve a Dispute in
small claims court if it qualifies; and (ii) we each retain the
right to seek injunctive or other equitable relief from a court
to prevent (or enjoin) the infringement or misappropriation of
our intellectual property rights. In addition, you will retain
the right to opt out of arbitration entirely and litigate any
Dispute if you provide us with written notice of your desire to
do so by email at [Insert Opt-Out Email, e.g.,
legal@ootdify.com] within thirty (30) days following the date
you first agree to these Terms.
Conducting Arbitration and Arbitration Rules.
The arbitration will be conducted by the American Arbitration
Association ("AAA") under its Consumer Arbitration Rules (the
"AAA Rules") then in effect, except as modified by these Terms.
The AAA Rules are available at www.adr.org or by calling
1-800-778-7879. The arbitration will be conducted in Santa Clara
County, California, unless you and Company agree otherwise.
Class Action Waiver. YOU AND COMPANY AGREE THAT
EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if
the parties' dispute is resolved through arbitration, the
arbitrator may not consolidate another person's claims with your
claims, and may not otherwise preside over any form of a
representative or class proceeding.
For users in the European Union, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws ("Export Laws").
These Terms and our Privacy Policy constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Service. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The Company may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. You may not assign any of your rights or obligations under these Terms without our prior written consent. The section titles in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms, please contact
us:
Company Name: Shenzhen Huoshan Trading Co., Ltd.
Address: Room 2002, Block B, Tianxia International Center, No. 8
Taoyuan Road, Nantou Street, Nanshan District, Shenzhen
Email: layfones@gmail.com