Last updated: February 22, 2012
Welcome to the Clos-ette Too, LLC (“Clos-ette Too”) website at clos-ettetoo.com (the “Site”). By visiting the Site, you accept and agree to these Terms without limitation of qualification, whether you access the Site through a personal computer, mobile device or any other means, so please read the Terms carefully. Clos ette Too reserves the right to modify these Terms from time to time, effective upon posting to the Site. Your access to or use of the Site at any time constitutes acceptance of the Terms in effect at that time. If you do not wish to be bound by these Terms, do not access or use the Site.
CLOS-ETTE TOO, the Clos-ette Too logo, and other names and logos used for Clos-ette Too or its products or services are Clos-ette Too’s trademarks and may not be used without Clos-ette Too’s prior written permission. Other trademarks and trade names on the Site that are not owned by Clos ette Too are the property of third parties, who may or may not be affiliated with Clos-ette Too.
All content on the Site, including, without limitation, all text, graphics, images, video, audioclips, logos and icons, and the compilation and layout of content on the Site, is the property of Clos-ette Too and is protected under United States and international copyright and other laws. Software used on the Site is the property of Clos-ette Too or its software vendors and is protected under United States and international copyright laws.
The Site may include comments and other materials or content posted, uploaded or otherwise submitted by visitors (“Visitor Content”). You acknowledge that Visitor Content is not endorsed by Clos-ette Too and does not reflect the opinion, recommendation or advice of Clos-ette Too in any manner, and agree that Clos-ette Too is not responsible for and has no liability in connection with, any Visitor Content. If you believe that any content on the Site violates these Terms, any law or any right of a third party, please let us know.
Clos-ette Too does not claim ownership of Visitor Content you post, upload or otherwise provide. However, by submitting Visitor Content, you grant Clos-ette Too and its affiliates and licensees the irrevocable, worldwide, royalty-free, perpetual and fully sublicenseable and transferable right, but not the obligation, to (a) copy, distribute, publicly display, publicly perform, edit, modify, translate, reformat and otherwise use such Visitor Content; and (b) publish, display and otherwise use the name and any other personal information that you post or submit in connection with any Visitor Content, in Clos ette Too’s discretion. You understand that Clos-ette Too has the right, but not the obligation, to monitor and modify or remove any Visitor Content at any time, in Clos-ette Too’s sole discretion, and that no compensation will be paid to you for use of your Visitor Content as provided in these Terms.
By posting, uploading or otherwise providing Visitor Content, you warrant that you own or otherwise control all of the rights necessary for use of the Visitor Content by Clos-ette Too as provided in these Terms, including, without limitation, all of the rights necessary for you to post, upload or submit the Visitor Content, and that such Visitor Content is not illegal, obscene, invasive of privacy, threatening or defamatory and does not infringe any copyright, trademark or other proprietary right or contain any virus, corrupt data, advertisement or other commercial solicitation or “spam.” You agree to indemnify Clos-ette Too for all claims resulting from or in connection with Visitor Content you provide. You also agree not to use any false e-mail address, impersonate any person or otherwise mislead as to the origin of any Visitor Content you provide.
Access To and Use Of the Site
Clos-ette Too grants you a limited, non-exclusive license to access and use the Site and to download and print a single copy of the Site content solely for your personal, non-commercial use and provided that you do not delete or modify any copyright or other proprietary notice. Any other copying, use, distribution, transmission or modification of the Site’s content, including, without limitation, use of data mining or similar tools or framing of any Site content, is subject to Clos-ette Too’s prior written consent. You may link to the Site for non-commercial purposes only or as otherwise specifically agreed in writing by Clos-ette Too, provided that you remove any such link upon demand by Clos-ette Too. You agree not to use the Site in any manner that would (a) adversely affect the Site’s resources or the availability of the Site to others; (b) violate any local, state, national or international law; or (c) delete or modify any content on the Site.
By accessing or visiting the Site, subscribing to the Clos-ette Too newsletter or to our magazine social.organization, sending an e-mail to Clos-ette Too or otherwise communicating with Clos-ette Too through the Site, you are communicating with Clos-ette Too electronically, and you agree to receive electronic communication from Clos-ette Too, by e-mail and by posting to the Site. You agree that any electronic communication from Clos-ette Too satisfies any legal requirements that such communication must be in writing. You also understand and agree that any communications or materials that you provide to Clos-ette Too or the Site, by posting to the Site, e-mail or in any other manner, are and will be treated as non-confidential and non-proprietary and that Clos ette Too will have the perpetual, royalty-free, worldwide right, but not the obligation, to copy, disclose, transmit, publish, modify and otherwise use anything you post or transmit.
If you believe any content on the Site infringes your copyright interest, please provide the Clos ette Too Copyright Agent with the following information in writing:
Clos-ette Too’s Copyright Agent for notices of claims of infringement on the Site can be reached as follows:
Clos-ette Too, LLC
52 East 80th Street, Suite 1A
New York, New York 10075
Phone: (212) 337-9771
Facsimile: (212) 337-9771
The Site may include links to sites owned or operated by third parties, including, without limitation, advertisers appearing on the Site. Links are provided as a convenience to visitors and do not constitute an endorsement of any third party site, product or service or an affiliation with the owners or operators of such sites. Clos-ette Too is not responsible for the content of any third party site or for the privacy or other practices of its owner or operator.
Disclaimer of Warranties/Limitation of Liability
THE SITE, SOCIAL.ORGANIZATION MAGAZINE AND ALL CONTENT CONTAINED ON OR ACCESSED THROUGH THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE.” CLOS ETTE TOO DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE OR ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. YOU AGREE THAT ALL OF YOUR ACCESS TO AND USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CLOS-ETTE TOO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLOS-ETTE TOO DOES NOT WARRANT THAT THE SITE OR THE CONTENT, PRODUCTS OR SERVICES ON OR MADE AVAILABLE THROUGH THE SITE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL CLOS-ETTE TOO BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ITS SOFTWARE OR CONTENT OR ANY OTHER MATTER RELATING TO THE SITE OR ITS CONTENT, EVEN IF CLOS-ETTE TOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CLOS-ETTE TOO’S LIABILITY IS LIMITED, AND WARRANTIES ARE EXCLUDED, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. CLOS-ETTE TOO’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE SHALL NOT EXCEED $10.00.
You agree that the laws of the State of New York, USA, without regard to conflicts of laws principles, govern the existence and construction of these Terms and any dispute that may arise between you and Clos-ette Too, and that any dispute or claim arising out of or in relation to your access to or use of the Site or to publications, products or services sold or distributed by Clos ette Too on or through the Site will be exclusively resolved by binding arbitration as provided in these Terms.
Arbitration will take place before a single arbitrator and will be administered by JAMS in accordance with the United States Arbitration Act and the JAMS Streamlined Arbitration Rules and Procedures then in effect, as modified by these Terms. Any in-person arbitration will take place in New York, New York. If the parties cannot agree upon the choice of an arbitrator within twenty (20) business days of the date the matter is submitted for arbitration, the parties shall request, and accept, assignment of an arbitrator from JAMS pursuant to its rules. The arbitrator shall have authority to award any remedy or relief that a court of competent jurisdiction in the State of New York could grant in conformity to applicable law, subject to the limitations set forth in this Agreement. Any arbitration award will be accompanied by a written statement containing a summary of the issues in controversy and a description of the award, with an explanation of the reasons for the award. The arbitrator’s award will be final and binding, and judgment may be entered upon such award by any court of competent jurisdiction.
Unless otherwise provided by JAMS rules or the arbitration award, you and Clos-ette Too will equally divide all administrative fees and expenses for any arbitration, including the arbitrator’s fees and expenses, and each party will bear the cost of preparing and presenting its own case. Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. Any dispute or claim arising out of or relating to these Terms or the Site must be brought within two years of the date on which the basis for the dispute or claim first arises, or such longer period as may be required by law. If, notwithstanding these Terms, a claim proceeds in court rather than arbitration, you and Clos ette Too each irrevocably waive any right to a jury trial. Notwithstanding this dispute resolution provision, Clos-ette Too will have the right to seek and obtain preliminary injunctive or other provisional relief from a court of competent jurisdiction for the purpose of preventing irreparable injury, loss or damage pending a final resolution according to this dispute resolution provision.
The Site is controlled and operated by Clos-ette Too, LLC from its headquarters in New York, New York USA. Clos-ette Too makes no representation that any content on the Site is appropriate or available for use in other locations. You are solely responsible for ensuring that your access to and use of the Site complies with all applicable laws of your jurisdiction. Clos-ette Too reserves the right, in its sole discretion, to terminate your access to the Site, or to discontinue the Site, in whole or in part, at any time and without notice.
These Terms, as they may be amended from time to time, set forth the entire understanding of you and Clos-ette Too as to the subject matter hereof. If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect and all provisions shall be enforced to the fullest extent permitted by law. Any waiver of any provision of these Terms must be in writing and shall not constitute a continuing waiver or a waiver of any other provision. A printed version of these Terms and of any notice given in electronic form shall be admissible in arbitration or in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Questions about these Terms or the Site? Please contact us:
Clos-ette Too, LLC
52 East 80th Street, Suite 1A
New York, New York 10075
Phone: (212) 337-9771
Facsimile: (212) 337-9771