Terms & Conditions
This agreement is in effect as of Aug 06, 2013.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
You may use our Services if:
a. You are 18 years or older or between the ages of 13 and 17 and using the Website and Services with parental or legal guardian consent and supervision.
b. Your membership or use has not otherwise been restricted, suspended or terminated.
c. You are not using another Member’s account without her/his permission.
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any Deo's Closet employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless Deo's Closet and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
General User: All Users of the Site have the following responsibilities:
a. Each Registered User must (i) provide true, accurate, current and complete information about themselves when completing the Deo's Closet registration (and you hereby represent and warrant that such information is true, accurate, current and complete), and (ii) immediately inform Deo's Closet at Deoscloset.com if and when any such information changes.
b.You further represent and warrant that you have the authority and legal right to sell, distribute or offer to sell or distribute the products or services described in the material or information that you post on the Site or provide to Deo's Closet or authorize Deo's Closet to display.
c.You acknowledge that any material downloaded from or otherwise obtained through the use of the Service or the Site is done at your sole discretion and risk. You are solely responsible for any damage that occurs as a result of the download of such material, including but not limited to computer system damage or loss of data.
Seller Responsibilities: All Users who are participating as sellers in the fundraising programs have the following responsibilities:
a.The User shall be solely responsible for setting the price of the advertised items and the percentage to be donated to the designated non-profit or other organization.
b.The User shall maintain an active PayPal account during the term of participation in the fundraising program.
c.The User agrees that the transaction fee charged by Deo's Closet shall be calculated on the total purchase price of each item sold on through Deo's Closet or Paypal and that the amount of the transaction fee shall be paid out of the remaining purchase price after the payment of the donated amount to the designated organization(s).
d.The User agrees that (a) the purchase price for each item less the amount of the donated percentage and less the transaction fee shall be directly deposited into the User’s PayPal account, (b) the funds which are the donated percentage of the purchase price shall be deposited directly into the designated organization(s) account(s) and (c) the transaction fee charged by Deo's Closet shall be deposited directly into Deo’s Closet's account.
e.The User is solely responsible for collecting any taxes, including sales tax, related to the purchased item.
f. The User is solely responsible for delivering the goods or services directly to the buyer.
Buyer Responsibilities: All Users who are participating as buyers have the following responsibilities:
a.The User is obligated to complete the transaction with the other party and to be bound by the terms and conditions specified by the seller, unless (i) the transaction is prohibited by law or this Agreement, (ii) the seller materially changes the item’s description or the item does not conform to the seller’s description, or (iii) a typographical error exists in the listing information which materially affects the terms of sale.
b. The User understands, acknowledges and promise that:
i. The User's sole and exclusive remedy, returns, refunds and/or
damages for any and all claims and causes of action relating to or resulting from buying is against Seller.
ii. The donations made to Fundraisers/ Campaigns and Transaction Fees to Deo's Closet are non-refundable.
iii. Deo's Closet does not represent, warrant or guarantee that good will be delivered and will be satisfactory to you.
Fundraiser and Campaign Owner Responsibilities: All Users who receive donated funds through participation in the fundraising programs:
a. The User is the authorized representative of the Beneficiary with the authority to solicit Contributions for the Beneficiary; and to bind the Beneficiary to the terms of this Agreement.
b. The User is solely responsible for complying with all rules, policies and procedures of the Processor.
c. The User will respond promptly and honestly to questions and Posting posed by Members.
d. The User will ensure all Contributions are disbursed properly and legally to the Beneficiary and all Contributions are used as described by the Campaign.
e. If, for any reason, you are unable to use Contributions as described in your Campaign, you will work with your Contributors to reach a mutually satisfactory resolution which may include, without limitation, refunding the Contribution(s)
f. The User is liable, jointly and severally, with the Beneficiary for the Campaign and accountable and liable for the use of the Contributions other than as described in the Campaign (“Misuse”).
g. The User agrees to maintain an active PayPal account during the term of participation in the fundraising program.
h. The purchase price and the donated amount shall be set by the seller participating in the fundraising program, in his, her or its sole discretion. The User understands that the seller may change the items for sale, the percentage of the purchase price which would go to the organization and may designate another organization to receive the donated amount at any time. The User acknowledges and agrees that Deo's Closet shall have no liability or obligation to the organization in connection with the sale of any items in a fundraising program or any changes in the items, the purchase price, the donated amount or otherwise.
i. The donated amount from any sales proceeds shall be deposited directly into the fundraisers PayPal account.
j. The User acknowledges and agrees that Deo's Closet shall be entitled to receive a transaction fee on each item sold on Deo's Closet and in any fundraising program.
k. The User understands, acknowledges and promise that:
ii. Deo's Closet is not liable nor responsible for:
1. any Campaign not attaining Campaign Goal;
2. any refunds, including without limitation, for Contributions, for any reason or no reason at all;
3. any errors or omissions in the Funding Account or caused by the Processor;
4. the failure of the Processor to pay Contributions to the Beneficiary or for Misuse of the Contributions; and
5. for Member and Campaign Content.
iii. The User's sole and exclusive remedy and/or damages for any and all claims and causes of action relating to or resulting from the Campaign is against Campaign Owner.
Contributors Responsibility: All users donating money to a fundraiser/ Campaign:
Deo's Closet may provide you the opportunity to make Contributions to any Campaign with an open Funding Request in any amount you choose. All Contributions are non-refundable by Deo's Closet and are made in your sole discretion and at your sole risk based on your sole determination and evaluation of the Campaign. You are solely responsible for determining the tax deductibility of any Contribution.
Making a Contribution does not:
a. give you any rights or ownership in or to that Campaign or Contributions;
b. give you any distribution rights;
c. give you any rights to control or otherwise direct the Campaign Owner, Beneficiary, Deo's Closet, the Service, Campaign, Processor or limit or otherwise affect Contributors or Contributions; and
d. create any liability or responsibility on the part of Deo's Closet to any Contributor or for any Contribution regardless of reason.
The User, as the Contributor, is responsible to ask questions and undertake such due diligence as you deem necessary before you make a Contribution.
a. Deo's Closet offers certain parts of the Service free of charge and may terminate all or part of the free User benefits at any time, in its sole discretion. Deo's Closet reserves the right to impose a fee for all or part of the Service which currently are free of charge at any time, in its sole discretion. If any part of the Service has a fee, you will have an opportunity to review and accept the fees that you will be charged. We reserve the right to change our fees from time to time and at any time. We may choose to temporarily change the fees for the Service for promotional events or new features, and such changes shall be effective when posted to the Site.
b. Deo's Closet currently charges a transaction fee of ten percent (10%) on all sales transactions completed through Deo's Closet wherein 3% may be donated to a fundraiser upon checkout by buyer and four percent (4%) on all donations completed through Deo's Closet. The transaction fee is subject to change at the sole discretion of Deo's Closet. Sellers may donate a portion of the sales proceeds to a non-profit organization or any campaign as part of Deo's Closet fundraising program. The transaction fee is calculated on the total purchase price of each item sold through Deo's Closet or Paypal before any donation. The sales proceeds are paid using PayPal and are paid directly to the seller less the donated amount and the transaction fee. The donated amount is paid directly from PayPal to the designated organization and the transaction fee is paid directly from PayPal to Deo's Closet. You agree to the transaction fee and the payment of the sales proceeds as set forth herein.
c. The seller in any sales transaction is solely responsible for collecting any taxes, including sales tax, related to an item sold through Deo's Closet. You agree that by using the Site that you are responsible for paying all fees and applicable taxes associated with the Service, your use of the Service and any transaction you conduct using the Service or the Site. Deo's Closet shall have no responsibility or liability in connection with any taxes related to any sales transaction or other use of the Service or the Site by you. You therefore agree to indemnify Deo's Closet and the Deo's Closet Representatives against any loss or damages (including but not limited to loss of profits) suffered by Deo's Closet or the Deo's Closet Representative as a result of fees or taxes applicable to the Service, your use of the Service and/or any transaction you conduction using the Service or the Site.
d. All fees are quoted in U.S. Dollars. If the payment method you use to pay fees due to Deo's Closet fails or your account is past due, we may collect fees owed using other collection mechanisms.
e. Deo's Closet currently allows payments through PayPal. When using PayPal services in support of a transaction through the Service or our Site, you must comply with PayPal’s Acceptable Use Policy found here: https://www.paypal.com/us/webapps/mpp/ua/useragreement-full
Deo's Closet is only a Venue
Our Site acts as an open marketplace for users to buy, sell and donate for fundraising needs. Deo's Closet only provides a service and is not involved in any transaction between buyers, sellers and fundraiser/campaign owners who use our Site.
There are risks that Users assume when dealing with other Users or those who may be acting under false pretenses. The User agree that all of these risks are borne by You, the User, and not Deo's Closet. Deo's Closet does not control the behavior of users on the Site or the information provided by other users that is made available through our Site. As a result, Deo's Closet does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally Deo's Closet does not guarantee the ability or intent of users to fulfill their obligations in any transactions.
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, THE USER MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE GOOD(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH
OTHER USERS OR OTHERWISE USING THE SITE.
User authentication on the Internet is difficult, Deo's Closet cannot and does not confirm each user’s purported identity. Thus, we have established a feedback system to help Users evaluate other users with whom they are dealing. We also encourage Users to communicate directly with buyers, sellers and fundraisers through the features available on our Site.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Deo's Closet or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Deo's Closet will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on Deo's Closet, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Deo's Closet, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Deo's Closet.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Deo's Closet from our offices located in the state of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, California You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, DEO'S CLOSET EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
3950 Eaglerock Blvd unit65733
Los Angeles, California 90065