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Terms of Service

Touchcloset.com ("Website") is owned and operated by Bay Dynamics, Inc., Inc. (hereafter "Us", "We", or "Bay Dynamics"). "You" or "your" or "user" means an adult using of the Website either on your own behalf and/or, either alternatively or in conjunction with, your use as parent or guardian for any minor. You are responsible for any use by any such minor.

The Children's Online Privacy Protection Act of 1998 (the "Act") precludes Bay Dynamics from accepting membership registrations from users who are under 13 years of age. Registration with this site constitutes a representation and warranty by you that you are at least 13 years old.

Your Acceptance

BY ACCESSING THIS WEBSITE, YOUR AGREE TO BE BOUND BY BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND BAY DYNAMIC'S PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE.

User of the Website

Any items imported and created on the Website will become publicly available. Use of the Website creates an irrevocable, royalty-free, nonexclusive, license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, sublicense and publish any work you have created using the Website worldwide.

An account, personal only to you, is required to access the Website. Use of others' accounts and/or passwords without permission is prohibited. Any requests for information by us must be met with full, accurate, and current information disclosure. It is your responsibility to keep all passwords and account information confidential and in the event that you become aware of any disclosure of information and unauthorized use, you will immediately notify us. Failure to close your browser when a session is completed substantially increases the risk of an unauthorized release of confidential information. We are not responsible for any loss or damage resulting from your failure to comply with these requirements.

With the exception of operators of public search engines as described below, all users agree not to use any automated system that causes to be sent more request messages to the Website servers in a specific interval than a typical human can send in the same interval via conventional web browser. With regard to operators of public search engines Bay Dynamics grants permission to use spiders or robots in order to effect the purpose of developing publicly available searchable indices of the materials, excluding caches or any type of historical compilation. Such permission may be revoked by at any time. It is a violation of this agreement to collect, compile, or organize any personally identifiable information, including but not limited to account names, passwords, or other personal from the Website or use the Website, directly or indirectly for commercial solicitation of advertising, services, or any other purpose.

Bay Dynamics owns the software and technology for the Website. Copy, modification, or use of Bay Dynamics' property whether by lease, transfer, hypothecation or otherwise, is a breach of these Terms of Use.

Without limiting the foregoing, you agree that your use will not result in or facilitate:
  1. Stalking, defamation, or any other sort of harassment or violation of the legal right of others;
  2. The publication, transmission or download of defamatory, infringing, obscene, falsified or unlawful content;
  3. Transmission of files containing viruses, files, or any other similar electronic media that may damage or adversely affect operation of another's computer, site, software, hardware, or other equipment;
  4. Advertisement or sales, for any commercial purpose, of goods and/or services without written consent to do so;
  5. Transmission of unsolicited promotional materials, spam, junk, and the like;
  6. The collection and retention of personal information about other end users;
  7. Interference with our site;
  8. Any illegal activities.
We reserve the right, without prior notice, to automatically change your username, delete your posts, deny you access, or any combination of these actions in the event that you choose any username, post any content that is defamatory, infringing, obscene, or unlawful content, or that we deem, in our sole and absolute discretion, may hold us up to public ridicule.

User Content
  1. We may now or in the future allow content to be submitted by you and other users ("User Content"), with the sharing, and/or publishing of such User Content subject to our discretion. There is no guarantee of confidentiality with respect to any User Content.
  2. You represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use wither respect to any and all User Content, and grant to us the right to use all intellectual property or other proprietary rights in any and all User Content to allow use of User Content consistent with the Virtualcloset site. You grant us worldwide, royalty-free and non-exclusive license(s) to use, distribute, and display reproduce, modify, adapt, publicly perform and publicly display such content, for any and all purposes in any format for any channel. This term of this license shall be coexistent with the period you include User Content and will end at the time User Content is removed, by anyone from any means.
  3. In connection with User Content, you further agree that you will not:
    1. Utilize copyrighted material, material protected by trade secrets, or is material that is subject to third party proprietary rights of any nature, without ownership or permission, unless you are the owner of such rights or have permission.
    2. Publish material containing misrepresentations that could damage us or third parties, including but not limited to damages arising out of invasion of privacy, public disclosure of private facts, or impersonation.
    3. Publish material that is infringing, obscene, falsified or constitutes unlawful content;
    4. Use User Content to advertise or solicit business or services;
  4. User Content is not endorsed by us, nor is it deemed to concurrence with any matter or expression of any matter expressed therein. Bay Dynamics disclaims any liability arising out of or associated with User Content. Bay Dynamics may, in its sole and absolute discretion remove User Content, with or without notice and in addition terminate access to the Website by suspected infringers.
  5. Users of the Website will have access to User Content which may or may not be accurate, and we are not responsible for the accuracy, truthfulness, or usefulness of any content. Bay Dynamics will answer complaints and claims of notices of infringement when such complaints and claims comply with the Digital Millennium Copyright Act.
  6. By use of the site, you waive any and all claims, causes of action, rights, either legal or equitable you may have arising out of or regarding such use. Furthermore, you agree to indemnify and hold harmless, to the fullest extent of the law, Bay Dynamics, its Owners/Operators, subsidiaries, vendors, affiliates, and/or licensors for any claims by third parties arising out of your use.
Links

The Website may contain hyper-links to websites of third parties that are not related to Bay Dynamics. Bay Dynamics does not control either access or use of such unrelated websites and has no control over content, security, privacy or any other aspect of the operations of such websites. By using the Virtual Closet website, you agree to relieve Bay Dynamics of any and all liability arising out of your use of unrelated websites. such use being governed solely and exclusively by the terms and conditions of such unrelated websites.

No Warranties

Use of the Website is without responsibility or liability for the accuracy of any information contained therein, its completeness, reliability or legality.

ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES ASSOCOIATED WITH THE WEBSITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED AND STAUTAORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS, MERCHANTABILITY OR NONINFRINGEMENT WITH RESPECT TO INFORMATION, PRODUCTS OR SERVICES ON THE WEBSITE. THIS DISCLAIMER RUNS TO BAY DYNAMICS, ITS LICENSEES OR THIRD PARTIES OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE BAY DYNAMICS SERVICE.

YOU UNDERSTAND AND AGREE THAT IF YOU VISIT, USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIAL OR DATA FROM THE WEBSITE YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS SUCH USE.

STATES AND OTHER JURISDICTIONS VARY WITH RESPECT TO THE ENFORCEABULTY OF WARRANTY WAIVERS SUCH AS THE FOREGOING. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS DEPENDING ON THE STATE OR JURISDICTION.

Liability Limitation

BAY DYNAMICS OR IS LICENSORS SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES TO ANY USER AS A RESULT OF SUCH USER''S USE, MISUSE OR RELIANCE ON THE WEBSITE AND ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT. THIS LIMITATION APPLIES TO CLAIMS RELATING TO DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, PROCUREMENT COSTS, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES REGARDLESS OF THE THEORY OF LIABILTY ASSERTED. THIS LIMITATION APPLIES TO DAMAGES RESULTING OR RELATED TO GOODS AND SERVICES PROVIDED THROUGH ADVERTISERS OF THE WEBSITE OR THORUGH LINKS ON THE WEBSITE TO RELATED OR UNRELATED WEBSITES. BAY DYNAMICS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BAY DYNAMICS SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE BAY DYNAMICS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE BAY DYNAMICS SERVICE.

STATES AND OTHER JURISDICTIONS VARY WITH RESPECT TO THE ENFORCEABULTY OF LIABILITY LIMITATIONS SUCH AS THE FOREGOING. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS DEPENDING ON THE STATE OR JURISDICTION.

Miscellaneous

These Terms of Service are will be governed by and construed in accordance with the laws of the State of California.

To the extent any of the provisions of the above are found to be unenforceable, the balance shale be given full force and effect.

The above contains the entire agreement between the parties with respect to the subject matter herein. To the extent that any prior or contemporaneous understandings or agreements, whether written or oral, are asserted, this agreement supersedes such understandings or agreements and the same, if any there be, are of no force and effect.

Waiver of any terms of the foregoing must be in writing executed by an authorized signatory of Bay Dynamics, Inc. and there may be no oral waivers or waiver by conduct of any of the provisions of this Terms of Use.

Changes in Terms

Bay Dynamics reserves the right to amend alter or change the provisions hereof, with or without notice, without cause, or liability, including the right to terminate this agreement. User is responsible for reviewing these Terms of Use periodically to be notified of any changes or termination.

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