Terms of Use

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE, MOBILE APPLICATIONS AND SERVICES OFFERED BY CurvyCo, LLC. OR ANY OF ITS SUBSIDIARIES (“CurvyCo” OR THE “COMPANY”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.CURVYCO.COM (“WEBSITE”), MOBILE APPLICATIONS, AND SERVICES PROVIDED BY CurvyCo (COLLECTIVELY, “SERVICES”).

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.

This Agreement is effective on January 1st, 2017 for current users and as of the first use of the Website or Services by new users. This Agreement is between you and CurvyCo, LLC. Any user who is found to be in violation of the following Agreement and any other policies posted on the Website may be banned, at the sole discretion of CurvyCo, from using the Website or any Services.

Introduction

Thank you for visiting our site! CurvyCo is a dedicated platform for users to buy and sell items such as clothing and accessories. By using our services in any manner, including but not limited to visiting or browsing the Website, you (the "user" or "you") agree to the following Terms of Use Agreement, including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, and contributors of content, information, and other materials or services on our Website.

If you have any questions, please refer to the FAQs section on our Website, or contact us.

Changes to the Agreement

WE MAY CHANGE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU AND AT OUR SOLE DISCRETION, AND YOUR CONTINUED USE OF THE WEBSITE OR ANY SERVICES AFTER SUCH CHANGES TO THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES ACCEPTANCE OF ALL SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THIS AGREEMENT WHEN USING THE WEBSITE OR OUR SERVICES. Privacy

CurvyCo reserves the right to modify or terminate the Website and Service for any reason, without notice and at any time. CurvyCo reserves the right to alter this Agreement or other policies at any time, so please review the policies frequently. If CurvyCo makes a material change, then CurvyCo will notify you here by posting updates to this Agreement or by means CurvyCo deems appropriate. What constitutes a "material change" will be determined at CurvyCo sole discretion, in good faith, and using common sense and reasonable judgment.

1. CurvyCo Marketplace

CurvyCo is an online marketplace that allows users to offer, sell, and buy certain goods within a fixed-price format. CurvyCo is not directly involved in the transaction between buyers and sellers, unless you purchase from one of the in-house accounts managed by CurvyCo. Outside of CurvyCo in-house user account, CurvyCo has no control over the quality, safety, morality, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to pay for items. CurvyCo does not pre-screen users or the content or information provided by users. CurvyCo cannot ensure that a buyer or seller will actually complete a transaction.

Legal ownership of items purchased on CurvyCo is transferred by the seller to the buyer after a sale is completed. CurvyCo does not transfer nor is it involved in the transfer of legal ownership of items from the seller to the buyer, except for items being sold from CurvyCo in-house accounts.

CurvyCo cannot guarantee the true identity, age, nationality, or other features disclosed in a user’s profile. CurvyCo encourages you to communicate directly with potential transaction partners through the tools available on the Website or mobile application. You agree that CurvyCo is a marketplace and as such is not responsible or liable for any content, including but not limited to data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on CurvyCo.

2. Listing and Selling

Listing Description

You may list and sell new and gently used womenswear and womenswear accessories (such as clothing, shoes, bags, and jewelry) on the Website or on our mobile applications. You may not list or sell designer replicas or derivatives, including but not limited to items that are counterfeit, inauthentic, or not manufactured for retail sale by the designer whose name, logo, trademark, or design is represented in or on the item.

By listing an item for sale on the Website, you warrant and represent that (a) you are in compliance with all aspects of this Agreement, including in respect of all items); (b) you have the legal right to sell the item and to post all of the descriptions, graphics, photos, images and any other content related to your listing of the item; (c) the description and depiction of the item, including any damage, is complete, truthful, and accurate; and (d) the item is listed in the appropriate category. Your listings may only include text descriptions, graphics, photos, images, and other content relevant to the sale of that item. All items must be listed in an appropriate category with relevant tags. Each unique item must have its own listing. In addition, certain items may be prohibited or restricted; you also need to make sure the sale of your item complies with all laws. If your listing does not comply, it may be removed.

Binding Sale

All sales are binding. The seller is responsible for accurately listing their items, and the buyer is responsible for reading the item description before making a purchase. The seller is obligated to ship the order to complete the transaction with the buyer in a prompt manner. The buyer is obligated to deliver the appropriate payment for items purchased.

If you do not complete a sale or purchase, your account and all listings may be suspended and removed from the Website at CurvyCo’s sole discretion. You may request your account and listings be reinstated, which CurvyCo may do in its sole discretion.

Transactions outside of CurvyCo

The price stated in each item listing description must be an accurate representation of the selling price.

Offers to buy or sell outside of the Website are a potential fraud risk for both buyers and sellers and are not protected by the CurvyCo buyer-seller protection, the Agreement, or other buyer/seller protection programs. Offers to buy or sell outside of the Website is unfair to other sellers, violates the Agreement, and will result in account termination. You may not exchange personal information or engage in any other activities to transact with another in any manner to avoid any transaction fee or the CurvyCo Secure Checkout process.

Shipping Fees

When a product is listed or sold on the site, shipping costs are determined by Seller. Seller is to handle shipping on their own by adding reasonable shipping and handling fees to the sale price in order to cover the costs for packaging and mailing the item sold to the buyer.

Buyer’s Information

Upon completing a sale, sellers will have access to the buyer’s full physical address. As a seller, you are strictly prohibited from using this personal information for anything other than completing the sale.

3. Buying

When purchasing an item, you agree that: (a) you are responsible for reading the full item listing before committing to purchase; (b) you enter into a legally binding contract with the seller to purchase his or her items when you commit to purchase the item; and (c) CurvyCo is not a party to the contract and does not transfer legal ownership of the item from seller to you (unless you have purchased an item from one of CurvyCo’s in-house accounts).

User Submitted Content

You may submit items (including images, artwork, text, graphics, logos, and similar items) in connection with the Website or Services (“User Submissions”).

License

CurvyCo does not claim ownership rights of User Submissions. You grant CurvyCo a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, fully paid-up license to use, reproduce, create derivative works of, excerpt, reformat, distribute, perform, and display the User Submission (in whole or part) and to incorporate the User Submission in other works in any form, media, or technology now known or later developed, including without limitation (a) on the Website (including a mobile version of the Website); (b) on any application designed or developed to allow others to view your User Submission; (c) in materials created to promote the Website and its contents, and (d) in connection with online and offline events conducted in connection with the Website.

You agree to allow CurvyCo to store, translate, or reformat User Submissions on the Website or Services and display User Submissions on CurvyCo in any way CurvyCo chooses. This includes a buyer using the same image(s) or text description as the original seller when using our re-list feature. CurvyCo will only use personal information in accordance with CurvyCo Privacy Policy.

You represent and warrant that the User Submission (a) is your own original work and you own all rights in the User Submission or that you have all rights in the User Submission necessary to grant the license to the User Submission contained in this Agreement; (b) will not violate any third party rights, including any third party intellectual property rights, privacy rights, moral rights, or other proprietary rights; (c) does not violate any law or regulation; and (d) does not contain any virus or other malicious software, including any software which could interfere with the performance of the Website or collect user data from users of the Website.

Information Control

CurvyCo does not control the User Submissions provided by users that are made available on the Website and Services. You may find some User Submissions to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

By using the Website and Services, you agree to accept such risks and that CurvyCo (and CurvyCo officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on CurvyCo. Please use caution, common sense, and practice safe buying and selling when using CurvyCo.

Other Resources

CurvyCo is not responsible for the availability of outside websites or resources linked to or referenced on the Website or Services. CurvyCo does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that CurvyCo 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Termination

CurvyCo may restrict, suspend, or terminate your use of or access to the Website or Services, without notice or liability to you and in its sole discretion, and without refunding any fees, if CurvyCo suspects (by information, investigation, conviction, settlement, or otherwise) that (a) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of this Agreement; (b) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of any CurvyCo policy; (c) your activities on or in relation to the Website may violate applicable law; (d) you are unable to verify or authenticate any of your personal information or User Submissions; (e) you have failed to pay a fee; (f) you may cause legal liability or financial loss to CurvyCo users or to CurvyCo; or (g) for any other reason at any time. This includes cancelling any unverified accounts or inactive accounts, warning CurvyCo’ community of a user’s actions, temporarily or indefinitely suspending a user’s account privileges, terminating a user’s account, or prohibiting access to the Website or Services, and taking technical or legal steps to keep a user off the Website and refusing to provide Services to a user. Further, any suspected fraudulent, abusive, or illegal activity, including violations of the Agreement and any additional CurvyCo policy, may be referred to appropriate law enforcement authorities or other appropriate third parties.

CurvyCo reserves the right to suspend and/or terminate a user’s account or any accounts held by that user by virtue of association, including all usernames under which that user operates on the Website or Services.

Personal Information and Privacy

CurvyCo will only use personal information in accordance with its Privacy Policy.

As part of a transaction, you may obtain personal information, including shipping information, from another user. Without obtaining prior permission, this personal information shall only be used for that specific transaction or for CurvyCo-related communications regarding that transaction with the other user. CurvyCo has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any CurvyCo user to your email or physical mail list. For more information, see CurvyCo Privacy Policy.