We think this policy stuff is a bit boring, too, but we had to write it like this to avoid any confusion. So, truck on through – we know you’ll make it to the end!
Last Updated: May 21, 2018
This website, located at www.ModCloth.com or any of our affiliated sites including mobile and/or Internet applications or “apps” (collectively, the “Site”), is provided by Altitude Collection, LLC for its Modcloth Business (ModCloth, “we,” “our,” or “us”) to the person accessing this Site (“you,” “your”).
You Agree to These Terms by Using This Site
Permitted Use of the Site; Termination
The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing ModCloth or its services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.
Termination of your ModCloth membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in ModCloth’s sole discretion.
You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at: email@example.com
The Site may, from time to time, offer interactive features that allow users to submit content to the Site. ModCloth does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute user-generated content on the Site, ModCloth is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize ModCloth to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, ModCloth reserves the right to block or remove communications or materials that it determines to be unacceptable to ModCloth in its sole discretion.
By submitting any user-generated content, you hereby grant ModCloth (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you represent and warrant that you have your parents’ permission to make such grants. All content that you submit may be used at ModCloth’s sole discretion without any obligation of confidentiality.
Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ModCloth employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.
Interaction with other Users
You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release ModCloth (and ModCloth’s officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Notice; Electronic Communications
When you visit this Site, send emails to ModCloth, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with ModCloth.
We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your ModCloth membership page and adjusting your settings accordingly. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
Practices; Typographical Errors; Colors
You acknowledge that ModCloth may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on ModCloth’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You acknowledge that ModCloth reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that ModCloth reserves the right to modify these general practices and limits from time to time.
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, ModCloth reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, ModCloth shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall ModCloth be obligated to provide you the merchandise at the incorrect price.
The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, ModCloth makes no guarantees that any actual colors of products or features will be true or accurate.
In an attempt to provide increased value to our visitors, ModCloth may link to sites operated by third parties. However, even if the third party is affiliated with ModCloth, ModCloth has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of ModCloth. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, ModCloth specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
ModCloth does not endorse the content, or any products or services available, on such sites. Nonetheless, ModCloth seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non-confidential and non-proprietary.
Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, “Contents”) are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by ModCloth or its affiliates. The Contents, including its trademarks such as MODCLOTH and MODCLOTH and design, BE THE BUYER, BE THE DESIGNER, and the WINSTON Logo, may not be used by you for any commercial purpose without ModCloth’s written consent.
All software used on this Site is the property of ModCloth or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
If you believe that your copyright or other rights have been infringed, please provide the following information to our Designated Agent who can be reached by email at firstname.lastname@example.org:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
(ii) a description of the copyrighted work or other work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the ModCloth’s website;
(iv) your address, telephone number, and email address;
(v) a written 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;
(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
ModCloth does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.
Law and Jurisdiction
Referral rewards are granted at ModCloth’s sole discretion. We reserve the right to amend these guidelines and the methods through which referral rewards are earned at any time without notice to you. For more information about the referral program, please review the full Terms and Conditions at http://www.modcloth.com/help/terms-of-use/modcloth-referral-program-terms.
Information We Collect About You
ModCloth.com requests and collects personal information from our customers to deliver the products and services you request and to help improve your shopping experience. The types of personal information we may collect from you can vary according to the method through which it was attained.
Information You Provide to Us
We receive and store any information you knowingly provide to us, such as:
Other details that you may submit to us or that may be included in the information provided to us by third parties.
You may also provide personal information about other people, such as their name and email address. When you select to email a friend your wish list, when you tell a friend about ModCloth.com, or when you purchase a Gift Certificate for a friend, we will use their name and email address to send them a one-time email. This information is only used for the sole purpose of completing your request. We do not share your friend’s email information for any other purposes unless that friend creates a membership to ModCloth.com. ModCloth.com stores this information for the sole purpose of sending this one-time email and tracking the success these programs. Your friend may contact us at email@example.com to request that we remove this information from our database.
Information Collected Automatically
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include, for example, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
We may combine this automatically collected log information with other information we collect about you. We do this to improve to improve marketing, analytics, and site functionality.
When you interact with ModCloth.com, we use technologies such as: cookies, beacons, tags and scripts to collect information about you. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about you and our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
Local Storage Objects (HTML5)
We use Local Storage Objects (LSOs) such as HTML5 to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as HTML 5 to collect and store information.
Various browsers may offer their own management tools for removing HTML5 LSOs.
Do Not Track
Do Not Track is a voluntary program among Internet advertisers that is intended to give users the ability to opt-out of behavioral targeting and advertising through Internet browser settings. At this time, we do not respond to “do not track” settings.
How We Use Your Information
We use your personal information to provide you products and services, such as to fulfill your request for products or to help us personalize our offering to you. We also use your personal information to support our business functions, such as fraud prevention, marketing, and legal functions.
Some examples include:
We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
How We Share Your Information
Payment, Shipping, Referral, & Other Programs
We use a third party payment processor and a third party shipping agent to ensure the payment and delivery of your purchased products. We also use a third party to administer our referral program. We may use other third parties for other services from time to time. These third parties have no authority to use your personal information for their own promotional purposes.
We reserve the right to disclose personal information to our service providers, the government, law enforcement agencies, or other third parties under certain circumstances where a formal request has been made (such as in responding to a court order, subpoena, or judicial proceeding) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, as ModCloth.com, in our sole and absolute discretion, deems necessary and appropriate. Moreover, in the event of a sale, merger, or transfer of some or all of ModCloth.com’s assets, or dissolution or bankruptcy, your personal information may be transferred to an unaffiliated third party as part of or apart from other transferred assets or assets. Any transfer will then be governed by and be the responsibility of any purchaser of or successor to the transferred assets or assets. We will notify you by a notice on the home page of any change in the information practices governing your personal information as a result of any transfer of assets or any asset change in ownership, and your choices in how your information is used.
Links to Third Party Websites
This Site contains links to other websites. ModCloth.com takes no responsibility for the privacy practices or the content of these other websites. We encourage you to read the privacy policies of each website you visit prior to disclosing your personal information.
User-Generated Content & Information Disclosure
Any personal information or image content you voluntarily disclose online in a manner that other users can view (including, but not limited to: product reviews, Be the Buyer comments, on social media pages, in connection with contests and promotions, and on the ModCloth blog) becomes publicly available, and can be read, collected, and used by other members of this forum to send you unsolicited messages. Your membership name, email, or other information may also be displayed when you post comments or upload images throughout the Site. ModCloth.com is not responsible for the personal information users select to disclose in these forums. To request removal of your personal information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Social Media Features and Widgets
You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
Other Walmart businesses.
We are part of the Walmart corporate family of businesses, which include Wal-Mart Stores, Inc., Walmart.com, Jet.com, Hayneedle.com, Samsclub.com, VUDU and others. We may share information we collect, including personal information, with Walmart companies. Sharing information with Walmart companies enables us to provide you with information about a variety of products and services that might interest you.
Unaffiliated Third Party Marketing
Finally, ModCloth may provide your personal information to third parties for these third parties' own marketing and other business purposes. An example of such a third party would include third party catalog co-op’s.
You can access, update, or change your personal information and communication preferences by signing into your ModCloth membership page and modifying your preferences at your discretion. If you wish to cancel your account, or request that we no longer use your information to provide services to you, contact us at email@example.com.
You may opt out of our continuing to share your information for third parties own marketing or business purposes, including third party catalog co-op’s, for their own marketing purposes by contacting us at firstname.lastname@example.org.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at email@example.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to create a membership with us or to take advantage of some or all of our features. We may also send you newsletters and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these and other promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your ModCloth membership page and adjusting your settings accordingly.
How We Protect Your Information
ModCloth.com recognizes the importance of maintaining the security of our customers’ personal information. Here are a few examples of security measures we use to protect your personal information:
If you have any questions about security on our Web site, you can contact us at firstname.lastname@example.org.
ModCloth.com is intended for users who are 13 years of age and older. If you are under the age of 13, you are not permitted to submit any personal information to ModCloth.com. If you believe we may have collected information from a person under the age of 13, please promptly contact email@example.com so we can correct.
Your California Privacy Rights
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2012 2018 will receive information regarding 2011 2017 sharing activities).
To obtain this information from ModCloth please send an email message to firstname.lastname@example.org with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.