Hangurs - Terms of Use
This Terms of Use Agreement (the “Agreement”), effective as of January 1, 2019 states the terms and conditions that govern the contractual agreement between Hangurs LLC, (the “Company”) and you (the “User”) who agrees to be bound by this Agreement in regard to the User’s access to www.hangurs.com and the Hangurs mobile application (collectively, the “Site”), which is owned and operated by the Company.
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1. THE HANGURS SERVICE. Through the Site, the Company offers its Users a collaborative venue through which users may connect to rent clothing items (the “Service”). The User hereby acknowledges and agrees that the Service is exclusive property of the Company and the Company may offer access to the Service in any way it sees fit. By logging onto the Site and/or using the Service, the User agrees to these Terms of Use and associated Privacy Policy located elsewhere on the Site.
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2. ELIGIBILITY/GENERAL RESTRICTIONS. The User’s limited license to access and make personal use of the Site is contingent on the following:
2.1. The User must be at least 18 years of age;
2.2. The User must provide information (personal and otherwise) that is truthful to the best of the User’s knowledge and in the event any such information changes, the User shall notify the Company of any such change within a reasonable amount of time;
2.3. The User shall not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site. The User will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. The User agrees not to use any robot, spider, other automatic device, or manual process to monitor or copy any content from the Site without the prior express consent from an authorized Company representative, unless such use is by a search engine employed to direct Internet users to the Site;
2.4. The User shall not reproduce, duplicate, copy, sell, resell, visited, or otherwise exploit for any commercial purpose without express written consent of the Company;
2.5. The User shall not use any of the Services for any unlawful or harmful purposes; and
2.6. Any unauthorized use automatically terminates the permission or license granted by the Company.
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3. RELATIONSHIP BETWEEN USER AND COMPANY. The User acknowledges and agrees that the Company simply provides a venue through which Users may connect to rent clothing items to one another. The Company is not a party to any agreement between Users of the Site for any products or services. Further, the Company cannot attest to the veracity of the background represented by any User or any claims made regarding clothing (e.g., size, fit, design, type, brand, condition) to be rented. The Company does not verify any such information and disclaims any guarantees thereto.
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4. DELIVERY OF ITEMS. All delivery is conducted through Roadie, a third party (whose terms and conditions can be found here). Users will never see addresses of other members, however, the Service will notify the User when the Roadie driver is located at the pick-up or drop-off location.
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5. USER DISPUTES. Users are encouraged to independently settle disputes. Any such disputes must be handled between the Parties as the Company is not party to any agreement reached between Users. Users hereby agree and acknowledge that clothing items once rented are the responsibility of the rented user and lost or damaged items will require reimbursement to the renting User. Length of contracts are not the responsibility of the Company, rather the individual Users must agree to and enforce the timely return of clothing.
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6. PAYMENT; COMPANY FEE. All payments will be processed via Stripe. The Company will earn its fee on a transaction-by-transaction basis in accordance with the fee schedule located on the Site. By signing up for the Service, the User agrees to the fee schedule described above and the means by which such transactions are made.
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7. BILLING; REFUNDS. The Company is not obligated under any circumstance to, but may in its sole discretion, credit the User’s account for additional use of the Site or Services/offer refunds of amounts paid. The User's sole and exclusive remedies will be with the User with whom such agreements were made to rent clothing.
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8. NONCIRCUMVENTION.
8.1. The User agrees and acknowledges that the Company is providing a valuable service through which Users may connect with other parties to provide certain services for which the fees to be paid to the Company are consideration. Thus, any attempt to circumvent providing the Company consideration for the Service shall be a violation of this Agreement. Users may not (i) directly or indirectly initiates, solicits, negotiates, contracts or enters into any business transactions, agreements or undertakings with any such third party identified or introduced through the Site; or (ii) seeks to bypass, compete, avoid or circumvent the Company from any business opportunity that relates to the Services by utilizing the contact information or identities of such parties introduced through use of the Site.
8.2 Should any User violate this Section, then any financial gain made by it, or any associated party, that would otherwise be for the benefit of the Company resulting from a breach of this Section shall be held in trust for the benefit of the Company and then be transferred to a nominated account of the Company, until which time such outstanding amount shall incur interest at the rate of 10% per annum. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment and the User shall pay the interest together with the overdue amount.
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9. MODIFICATION. The Company has the right at any time or from time to time to modify or amend this Agreement. Should the Company choose to modify this Agreement the Site will display such changes, which will be the User’s only notification of any such change. Any use of the Site or the Service by the User after such notification shall constitute the User’s acceptance of the modified or amended terms. No modification to this Agreement made by the User shall be binding upon the Company.
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10. INTELLECTUAL PROPERTY. The Site holds all content located on the Site, which is the property of the Company or its content suppliers and protected by international copyright laws. The Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to Company and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Company and/or other parties is granted to or conferred upon the User and the user may not utilize such content by any manner aside from viewing such content according to the license granted herein. Prohibited uses of such content without the written consent of the Company include (but are not limited to):
10.1. Removing, altering, bypassing, avoiding, interfering with, or circumventing any copyright, trademark, or other proprietary notices marked on the Site or any digital rights management mechanism, device, or other content protection or access control measure associated with the Site including geo-filtering mechanisms;
10.2. Copying, downloading, stream capturing, reproducing, duplicating, archiving, distributing, uploading, publishing, modifying, translating, broadcasting, performing, displaying, selling, transmitting or retransmitting the content on the Site; and
10.3. Creating, recreating, distributing or advertising an index of any significant portion of the Site's content.
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11. DMCA PROCEDURE FOR ALLEGEDLY INFRINGING CONTENT. To notify the Company of any copyright-infringing content, please contact us at info@hangurs.com with the following information in accordance with the Digital Millennium Copyright Act:
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Identification of the allegedly copyright-infringing material
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Identifying of the allegedly infringed-upon work and the copyright-holder of said work
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Information reasonably sufficient for Company to contact you
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A statement that you have a good faith belief that use of the material in the manner complaint of is not authorized by the copyright owner, its agent, or the law
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A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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Your physical or electronic signature.
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Our designated Copyright Agent to receive DMCA Notices is:
[HANGURS LLC]
[21781 Ventura Blvd #55A Woodland Hills, CA 91364]
[323-369-6333]
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If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA including your physical or electronic signature, your DMCA notice may not be effective.
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Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
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12. USER-GENERATED CONTENT. The User may have the opportunity to post a variety of content through the Site’s mechanisms without the Company’s approval (the “User Posts”).
The User agrees:
12.1. No User Posts shall contain any content that: (i) advocates for the commission of any illegal activity; (ii) advocates or professes violence or intolerance toward any specific individual, organization, or belief; (iii) is misleading or inaccurate information that was posted with the intent of misleading other users; (iv) may be deemed obscene (at the sole discretion of the Company); (v) may cause a liability for Company or its partner publications and websites (collectively, the “Partners”), or may cause Company or any of its Partners to lose (in whole or in part) the services of any ISPs or suppliers; or (vi) infringes upon the intellectual property or any other right of any third party.
12.2. Through User Posts, the User shall refrain from: (i) impersonating any person or entity; (ii) harassing any other Users of the Site; or (iii) stating or implying that anything contained in any User Post is endorsed by the Company;
12.3. By submitting User Posts to the Site, the User acknowledges that this Agreement applies to the User Posts and grants to the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content within any User Post throughout the world in any media. The User represents and warrants that the User owns or otherwise controls all of the rights to the User Posts and that the content contained therein is accurate.
12.4. The Company reserves the right, but is under no obligation to monitor and delete any User Posts made in its sole and absolute discretion.
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13. USER ACCOUNT. The User may register to the Site with an account in order to make use of certain functions and/or the Service (the “User Account”). The User is responsible for maintaining the confidentiality of the username and password that the User designates during the registration process, and the User is fully responsible for all activities that occur under the User Account. The User agrees to: (i) immediately notify the Company of any unauthorized use of the User Account or any other breach of security, and (ii) ensure that the User exits from the User Account at the end of each session. The Company will not be liable for any loss or damage arising from the User’s failure to comply with this provision. The User should use particular caution when accessing the User Account from a public or shared computer to ensure that others are not able to view or record the User Account’s username and password and/or other personal information. The Company reserves the right to terminate or suspend any User’s User Account and/or access to the Site and the Service if the Company determines (in its sole discretion) that any such User has violated this Agreement. Note that no refunds will be given in the event your access to the Site and/or Services are terminated due to a violation of this Agreement or other policies.
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14. LIMITED LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, ANY SERVICE OFFERED BY THE COMPANY, ANY USER POST MADE ON THE SITE; OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM ANY PARTY; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, OR THE SERVICE; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER.
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15. DISCLAIMER OF WARRANTIES. THIS SITE, AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE AND ANY SERVICE OFFERED BY THE COMPANY IS AT THE USER’S SOLE RISK. THE COMPANY MAKES NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT; (B) THAT THE SITE, OR THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE SITE, OR THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY THE USER FROM THE COMPANY, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO THE USER’S USE OF THIS SITE, THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
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16. INDEMNIFICATION. The User agrees to indemnify, hold harmless and defend the Company, along with its directors, employees, owners, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (i) this Agreement and/or any breach or threatened breach by the User; (ii) the User’s use of the Site or any Service offered by the Company; (iii) any unacceptable, unlawful, or objectionable use of the Site or any Service offered to the User by the Company; or (iv) any negligent or willful misconduct by the User; or (v) violation of any third party’s rights (including intellectual property rights) through the User’s use of the Site or the Service.
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17. THIRD PARTY LINKS. There are links on the Application that lead to third party websites, including those of advertisers. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE SITES OR THE COOKIES THOSE WEBSITES USE. IN ADDITION, BECAUSE THE COMPANY HAS NO CONTROL OVER SUCH WEBSITES AND RESOURCES, THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL WEBSITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MA TERIALS ON OR A V AILABLE FROM SUCH WEBSITES OR RESOURCES.
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18. COMMUNICATIONS. The Company shall be free to reproduce, use, disclose, and distribute any and all communication conducted with Company through the Site including but not limited to feedback, questions, comments, suggestions and the like (the “Communications”). The User shall have no right of confidentiality in the Communications and the Company shall have no obligation to protect the Communications from disclosure. The Company shall be free to use any ideas, concepts, know-how, content or techniques contained in the Communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
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19. ERRORS AND OMISSIONS. The Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to certain products or services offered by the Company. The Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor any order affected by such inaccuracies. The Company reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
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20. PRODUCTS AND SERVICES. The Site may contain information about products and services offered by the Company, not all of which are available in every location. Any reference to a Company product or service on the Site does not imply that such product or service is or will be available in the User’s location. Furthermore, the Company may alter what content is available to Users at any time in its sole discretion, including (but not limited to) removing certain content from access at any time.
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21. INTERNATIONAL USE. The Company does not represent that all content, materials and services on the Site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and the Company is not responsible for such Users’ compliance with local laws or other applicable laws. The User shall not access the foregoing where prohibited by law.
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22. NOTICE TO USERS IN CALIFORNIA. Under California Civil Code Section 1789.3, users of the Service from California are entitled to notice of the contact information for The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs: It may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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23. FORCE MAJEURE. In the event that the Company is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the Company or other causes beyond the Company’s reasonable control (a “Force Majeure Event”) the Company shall immediately give notice to the User and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended.
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24. VENUE; ARBITRATION. This Agreement and the interpretation of the terms herein shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflict of laws. The User irrevocably submits to the exclusive jurisdiction of the federal and state courts located in Los Angeles County, California. Except for a misuse or infringement of the Company’s intellectual property, any and all disputes, controversies and claims arising out of or relating to this Agreement, or concerning the respective rights or obligations of the Parties hereto shall be settled and determined by arbitration before a panel of one (1) arbitrator pursuant to the Commercial Rules then in effect of the American Arbitration Association. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The Parties agree that the arbitrators shall have the power to award damages, injunctive relief and reasonable attorneys’ fees and expenses to any party in such arbitration.
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25. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
Appendix A
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