Terms of Use

Date of Last Revision: April 24, 2013 

By accessing or using the Dresstool website, the Dresstool service, or any applications (including mobile applications) made available by Dresstool (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Dresstool.

These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use. These Terms of Use (the "Terms"), together with the Privacy Policy , describe the terms and conditions applicable to all users’ access to and use of the Service.

Acceptance of Terms of Use

Please carefully read the following Terms before using the Service. By accessing and using each service, you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Service or any of its content. 

Your access to, use of and browsing of the service and its content are subject to all terms contained in these terms of use and Dresstool’s privacy policy and all applicable laws and regulations. If you do not agree to these terms of use, your permission to access or use the Service is automatically and immediately revoked. 

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Service, you signify your acceptance of the then-current Terms. Any changes in these Terms take effect upon posting and apply only to use of the Service and information collected from you on and after Last Revised date, unless we provide notice or have other communications with you. Dresstool may make changes to the Service, content, products, services or features of the Service at any time. You understand and agree that Dresstool may discontinue or restrict your use of the Service at any time for any reason or no reason with or without notice.

Privacy Policy

Please review the Privacy Policy for the Service, which is incorporated in these Terms. If you do not agree with both the Terms of User and the Privacy Policy, you are not authorized to use the Service.

Permitted Uses

The Service is made available for personal display and exchange of ideas, opinions and preferences relating to clothing combinations. Users may interact with the Service in several different ways: Users may register to create an Account and create personalized clothing combinations, including use of the wardrobe; Users with Accounts may create a Profile, a public webpage identifying the user’s name, and geographic location, where the user may upload his favorite clothing combinations and share them with others.

You agree to abide by any posted limitations relating to use, reproduction or dissemination of any information posted on the Service. You agree not to access the Service by any means other than through a standard web browser or mobile device. You agree not to remove, modify or obscure any acknowledgements, credits or legal notices on the Service. Any use of the Service in any way not expressly permitted by these Terms is prohibited, and may be actionable under international law.

Special terms may apply to some products, services or features offered on the Service, or to any sweepstakes, contests, surveys or promotions that may be offered on the Service. Such special terms or rules (which may include official rules and expiration dates) may be posted in connection with the applicable Service. By participating in any Service you will become subject to those terms or rules. We urge you to read the applicable terms or rules which are linked from the particular Service, and to review our Privacy Policy which, as part of these Terms, governs any information you submit in connection with such Activities. Any special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms or rules shall prevail over these Terms. 

Profile and Communication Services

The Service permit users to create and modify Profiles and may contain blogs, chat, comments or other message or communication facilities designed to enable you and others to communicate with other users of the Service.

You acknowledge that your Creations to the Service, including your Profile and your public clothing combinations, may be or become publicly available to others on the Service and elsewhere (via sharing). You agree only to post Creations or send and receive messages and materials that are appropriate, not confidential or private, and related to the particular Communication Service.

Prohibited Actions

You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Dresstool reserves the right to determine what types of conduct it considers to be inappropriate use of the Service. In the case of inappropriate use, Dresstool may take such measures as it determines in its sole discretion.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Use the Service for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Take any action that imposes an unreasonable or disproportionately large load on a Service’ infrastructure or otherwise in a manner that may adversely affect performance of the Service or restrict or inhibit any other user from using and enjoying the Communication Services or the Service.

Use any Service for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Service’ content.

Aggregate, copy, duplicate, publish, or make available any of the content of the Service to third parties outside the Service in any manner, except through use of the Service’ feature permitting sharing of Profiles or other information.

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, intentionally false, or unlawful topic, name, material, content, or information.

Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Service or another's computer.

Use the Service to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.

Harvest or otherwise collect information about others, including email addresses, without their consent.

Engage in any other action that, in the judgment of Dresstool, exposes it or any third party to potential liability or detriment of any type.

Exposure to Content

Any content or views posted, uploaded, displayed or made available through the Service, including on Profiles, Accounts or clothing combinations, are strictly those of the originating author or user who is solely responsible for such content. Use of or reliance on any content is entirely at your own risk. Dresstool does not endorse any content posted by others nor vouch for its reliability. Under no circumstances will Dresstool be liable in any way for any content posted by others.

You acknowledge that Dresstool may or may not pre-screen content posted by others, but that it has the right (but not the obligation) in its sole discretion to pre-screen, refuse, delete, alter, repost, or move any such content, including without limitation any content that violates the Terms or is otherwise objectionable in Dresstool’s sole discretion. Dresstool shall have no liability for such handling of content. By viewing these Service, you agree that viewing and reading the content does not violate the laws or standards imposed by your town, city, state or country.

You understand that by using these Service, you may be exposed to Content that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any content. You further acknowledge and agree that you will not rely on any content available on or through the Service.

User uploads and clothing combinations (Creations)

You are solely responsible for all content, images, materials, text, and views that you post, upload, share, email, transmit or otherwise make available via the Service, including on your Profile. All Uploads and Creations are subject to these Terms. Dresstool is under no obligation to post or use any Creations and may pre-screen, refuse, delete, alter, repost, or move any uploads and Creations at any time in its sole discretion.

By making a creation, you represent and warrant that your creation is true, accurate and not misleading; that you own all right, title and interest, including copyright, to your creation, and that your creation  is your own original work; that your creation does not include the trade secret or confidential information of others, and does not infringe or violate any other person’s or entity’s rights; and that you and any other person or entity (or its owner) mentioned or shown in your creation hereby release and hold harmless Dresstool from and against any and all claims concerning any use, publication, deletion, modification or distribution of the Creation or any part thereof. You must hold all necessary releases, licenses and consents concerning the contents of your creation and all necessary rights to post, publish, distribute, or transmit your creation.

You agree that you will evaluate and bear all risks associated with your creation and any disclosure in your creation. Creations will be available to the Service’s users and to users of other service and services throughout the world.

By making a creation, you grant Dresstool and their licensees, assignees and designees an irrevocable, assignable, transferable, fully sub-licensable (through multiple levels of sublicenses), perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display and create derivative works of your creation (in whole or in part), along with your name or any part thereof, the date of your birthday, your city/town/village of residency, and other information from your user Profile, in Dresstool’s sole discretion, on the Service or elsewhere, and to use or incorporate all or any part of your creation into advertising, promotion, marketing, review, recommendations, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and waive, release, and hold Dresstool and its affiliates, licensees, assignees and designees harmless against any and all claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your creation. 

Notice and Procedures for Making Claims of Intellectual Property Infringement

Dresstool may, in its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Dresstool a Notice containing the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

A description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Service (providing URL(s) in the body of an email is the best way to help Dresstool locate content quickly);

Your name, address, telephone number, and email address;

A 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;

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

For Notice of claims of copyright or other intellectual property infringement, Dresstool can be reached by sending an email to info@dresstool.com.

 

Links to Other Service

The Service may contain advertisements, postings and links to Service operated by other parties. The Service provides these advertisements, postings and links as a convenience, and your use of other Service is at your own risk. The advertisements, postings and linked sites are not under the control of Dresstool which is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply endorsement of information, material, products or services of any other party or any other website. Dresstool disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked Service or other parties. You acknowledge and agree that Dresstool is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

Modifications

Dresstool reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Service, Creations, Activities, or any portion thereof, with or without notice. You agree that Dresstool will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, Creations or Activities. You should retain copies of your Creations that you may want to save and not rely on the Service to preserve your Creations.

Suspension and Termination

Dresstool  reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Service, Creations, or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Dresstool shall not be liable to you or any third party for any such suspension, discontinuance or termination.

Proprietary Rights

You acknowledge and agree that, as between Dresstool and you, all right, title, and interest in and to the Service, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Dresstool, its affiliates, suppliers, vendors or licensors, and are protected by international law intellectual property and other applicable laws.

The trademarks, service marks, logos, slogans, trade names and trade dress of Dresstool, including DRESSTOOL and Dress Fast.. Dress Cool, used on the Service are proprietary to Dresstool. Unauthorized use of any trademark of Dresstool may be a violation of trademark laws. Any other trademarks, service marks, logos, trade names or designations of other parties referenced in the Service or as part of users’ Creations, do not constitute or imply affiliation, endorsement or recommendation by Dresstool of the other parties, or by the other parties of Dresstool, and are the trademarks or registered trademarks of the respective third parties.

Your Indemnity of Dresstool

You agree to indemnify, defend and hold Dresstool and its officers, directors, employees, agents, subsidiaries, affiliates, licensors, licensees, service providers, advertisers and others acting in concert with them, harmless from and against any loss, liability, claim or demand, including without limitation reasonable attorneys' fees, made by you or on your behalf or by any third party due to or arising out of (a) your use of or reliance on the website or any content, products, services or activity, your dealings in connection with the website, or your creation(s) or any materials you submit or transmit to the website; (b) your violation of these terms, any applicable laws, or the rights of Dresstool or any third party; and (c) any activity related to your account or profile, or any other person accessing the website using your account or profile.

Disclaimers and Limitation of Liability

The Service is provided to you on an “as is”, “as available” basis without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Dresstool makes no warranty as to the accuracy, completeness or reliability of any content available through the website, including creations. You are responsible for verifying any information before relying on it. Use of the service is at your sole risk.

Dresstool makes no representations or warranties that use of the service will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the service is free of viruses or other harmful code.

To the maximum extent permitted by law, Dresstool disclaims all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses or damages, including without limitation indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the service or creations, even if Dresstool has been advised of the possibility of such damages.

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

Governing Law and Disputes

Any dispute between you and Dresstool arising out of or relating to these Terms, the Privacy Policy, or the Service or any of their content shall be governed by, and will be construed in accordance with, the laws of Greece, without regard to choice of law principles. You irrevocably agree that the federal and state courts located in or for Thessaloniki, Greece, are the sole and exclusive forum and venue for any dispute, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts. You agree that to the fullest extent permitted by law: (i) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (ii) you have no right or authority for any dispute to be litigated on a class-action basis or to utilize class action procedures; and (iii) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Service is controlled within Greece and is directed to individuals residing in the whole world. Those who choose to access the Service from locations outside Greece do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Dresstool does not represent that the Service or its content is appropriate outside the Greece. Dresstool reserves the right to limit the availability of the Service for any person, geographic area or jurisdiction at any time in its sole discretion. 

Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Dresstool’s failure to act with respect to any failure by you or others to comply with these Terms does not waive Dresstool’s right to act with respect to subsequent or similar failures. These Terms, together with the Privacy Policy, set forth the entire understanding and agreement between you and Dresstool with respect to the subject matter hereof. Any cause of action or claim you may have with respect to these Terms or the Service must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Dresstool, and any assignment or transfer in violation of this provision shall be null and void. Dresstool reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Website, including without limitation the right to block access from a particular internet address.

Any questions?

Please direct any questions you may have about these Terms of Use, or technical questions or problems with the Service, to Dresstool at info@dresstool.com.