Last Updated: 9 October 2024
This Privacy Notice describes how More Dash Inc ("DressX", "we", "us" or "our") collects, uses, discloses, and otherwise processes Personal Information (as defined below) in connection with our website https://dressx.com/ (the "Site"), and the related content, platform, services, and other functionality offered on or through our online services, ONCHAIN.DRESSX.COM (our non-fungible token (Digital Collectible(s)) program), and mobile applications (which are referred to together with the Sites in this Privacy Notice as the "Services").
This Privacy Notice is designed to apply to our Site visitors, users of our Services and other companies and users on a global basis. We may choose or be required by law to provide additional disclosures relating to the processing of Personal Information in certain countries, regions or states. Please refer below for disclosures that may be applicable to you:
California: If you are a resident of the State of California in the United States, please click here for additional California-specific privacy disclosures.
Nevada: Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Note we do not sell your Personal Information within the meaning of Chapter 603A. However, if you would still like to submit such a request, please contact us at hello@dressx.com.
European Economic Area, United Kingdom or Switzerland: If you are located in the European Economic Area ("EEA"), United Kingdom or Switzerland, or otherwise engage with DressX' European operations, please see the Privacy Disclosures for the European Economic Area, United Kingdom and Switzerland for additional European-specific privacy disclosures, including what constitutes your Personal Information, the lawful bases we rely on to process your Personal Information, how we use cookies when you access our Sites from the EEA, UK or Switzerland and your rights in respect of your Personal Information.
Click on the links below to jump to each section:
When we use the term "Personal Information" in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.
When you use our Services, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. See the list below for more information about what Personal Information we collect and why.
We collect Personal Information from you. The categories of information we collect can include:
Examples of Personal Information collected: name, email, address, phone number.
Purpose of collection: to provide products or services to you to fulfill our contract, manage your account, to provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
Examples of Personal Information collected: name, billing address, shipping address, payment information, email address, and phone number. Note we use third-party payment processors to process your payments. Because we use third-party payment processors, we do not retain any personally identifiable financial information such as credit card numbers. Rather, all such information is provided directly to the third-party processor. The payment processor's use of your Personal Information is governed by their privacy notice. Please review each processor's privacy notice to understand how they will manage or otherwise process your Personal Information, including your financial data.
Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
Examples of Personal Information collected: name, billing address, shipping address, email address, phone number, or any other Personal Information you choose to provide us.
Purpose of collection: to provide customer support, to investigate and respond to your inquiries, and to communicate with you, to enhance the services we offer to our users and to manage and grow our organization. If you register for our newsletters or updates, we may communicate with you by email.
Examples of Personal Information collected: individual photos which may include backgrounds or other objects by which your general location could be derived.
Purpose of collection: to provide products or services to you to fulfill our contract.
Please note that if you choose to create an Digital Collectible(s) out of the AR Features, and participate in our ONCHAIN.DRESSX.COM, we may also collect Digital Collectible(s) and cryptocurrency information, as described below.
Examples of Personal Information collected: email and applicable interests and communication preferences.
Purpose of collection: send you regular updates about our products or services, manage our communications with you, and send you information about products and services we think may be of interest to you.
Examples of Personal Information collected: Digital Collectible(s) ownership information, including digital assets and tokens, and other Digital Collectible(s)-related information (e.g., transfers of Digital Collectible(s)s between accounts, the corresponding smart contracts, amounts paid, and metadata describing each Digital Collectible(s) and its properties as a digital asset).
Purposes of collection: to provide you with the services and facilitate your participation in the ONCHAIN.DRESSX.COM, to fulfill our contract, and to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
Examples of Personal Information collected: the username and address associated with your digital wallet, digital wallet types, amounts of digital assets and account balances.
Purposes of collection: to provide products or services to you to fulfill our contract, to facilitate your cryptocurrency transactions, and to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
Although we often collect the Personal Information described above directly from you, we also collect this information through service providers and other third parties that collect it on our behalf, as noted below. Please note that our systems may record Personal Information that you type into our websites and other online Service even if you do not choose to submit it.
Account Creation / Single Sign-On. We may use single sign-on ("SSO") to allow a user to authenticate their account through their work email. We will have access to certain information from those third parties in accordance with the authorization procedures determined by those third parties.
Examples of Personal Information collected: username, password, name, email address, and profile picture.
Purpose of collection: We use this information to operate, maintain, and provide to you the features and functionality of the Service. We may also send you service-related emails or messages (e.g., account verification, purchase confirmation, customer support, changes, or updates to features of the Site, technical and security notices).
Social Media. When you interact with our Service through various social media, such as when you click on the social media icon on the Service, follow us on a social media site, or post a comment to one of our pages.
Examples of Personal Information collected: profile information, profile picture, gender, username, user ID associated with your social media account, age range, language, country, and any other information you permit the social network to share with third parties. The data we receive complies with your privacy settings with the social media network.
Purpose of collection: We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
Information from Other Sources. We may obtain information from other sources, including through third-party information providers, customers, public sources, third-party digital wallet providers, or through transactions such as mergers and acquisitions. We may combine this information with other information we collect from or about you. In these cases, our Privacy Notice governs the handling of the combined Personal Information. We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
As is true of most digital platforms, we and our third-party providers and partners collect certain Personal Information automatically when you visit or interact with our websites and:
We, and our third-party partners such as Snap (through the use of the SnapCamera Kit to power the features of the AR technology) and Apple (through the use of the TrueDepth camera to improve the quality of the lenses), may also collect metadata included in the photos and images that you upload, such as your device model, camera type, camera settings (e.g. ISO, shutter, focal length, lens, aperture), image information (e.g. format, file size, date and time, resolution) or location data (e.g. geotagging).
Our third-party partners such as Snap Inc. (we use CameraKit SDK from Snap Inc.) may also use information from Apple's TrueDepth camera to improve the quality of Lenses. Information from the TrueDepth camera is used in real time — Snap Inc. doesn't store this information on their servers or share it with third parties. Link to the Snap Inc Privacy Policy
We don't collect and share any Face Data with our APP.
For information about our, and our third-party providers and partners', use of cookies and related technologies to collect information automatically on our online Service, and the choices you may have in relation to those practices, please visit our Cookie Notice.
In addition to the uses described above, we may collect and use Personal Information for the following purposes:
We may also share, transmit, disclose, grant access to, make available, and provide your Personal Information with service providers and business partners to help us provide our services and fulfill our contracts with you, as described above. For example:
Email Communications. From time to time, we may send you emails regarding updates to our Site, products or services, notices about our organization, or information about products/services we offer (or promotional offers from third parties) that we think may be of interest to you. If you wish to unsubscribe from such emails, simply click the "unsubscribe link" provided at the bottom of the email communication. Note that you cannot unsubscribe from certain services-related email communications (e.g., account verification, confirmations of transactions, technical or legal notices).
Modifying Account Information. If you have an online account with us, you have the ability to modify certain information in your account (e.g., your contact information) through the ["profile," "account," "settings," or "preferences"] options provided on the Site. If you would like to request access to, or correction or deletion of Personal Information, you may send your request to us at the email provided below. We will review your request and may require you to provide additional information to identify yourself, but we do not promise that we will be able to satisfy your request.
SMS Text Communications. You may opt-out of receiving promotional SMS text messages at any time. Please note that unsubscribing from promotional SMS text messages will not prevent you from receiving SMS texts from DressX directly relating to purchase or service communications such as account verification information. To unsubscribe from promotional SMS texts, email hello@dressx.com and provide your phone number and opt-out preference or reply STOP to one of our commercial text messages. For more information, see our Terms and Conditions.
Our Service is not directed to, and we do not intend to, or knowingly, collect or solicit Personal Information from children under the age of 13. If you are under the age of 13, please do not use our Site or otherwise provide us with any Personal Information either directly or by other means. If a child under the age of 13 has provided Personal Information to us, we encourage the child's parent or guardian to contact us to request that we remove the Personal Information from our systems. If we learn that any Personal Information we collect has been provided by a child under the age of 13, we will promptly delete that Personal Information.
Our Site may include links to or redirect you to third-party websites, plug-ins and applications, including social media services where you may connect with us. Third-party websites may also reference or link to our websites and online service. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any Personal Information practices of third-party websites and online service or the practices of other third parties. To learn about the Personal Information practices of third parties, please visit their respective privacy notices or policies
We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify individuals by email to their registered email address, by prominent posting on our Service, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.
If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to info@dressx.com
Alternatively, inquiries may be addressed to:
1925 Century Park E, #1700, Los Angeles CA 90067, United States
These Additional California Privacy Disclosures (the "CA Disclosures") supplement the information contained in our Privacy Notice and apply solely to individual residents of the State of California ("consumers" or "you").
These CA Disclosures provide additional information about how we collect, use, disclose and otherwise process Personal Information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 ("CCPA"). Unless otherwise expressly stated, all terms in these CA Disclosures have the same meaning as defined in our Privacy Notice or as otherwise defined in the CCPA.
For purposes of these CA Disclosures, "personal information" has the meaning provided by the CCPA and does not include information that is publicly available, that is deidentified or aggregated such that it is not capable of being associated with us, or that is excluded from the CCPA's scope. This section does not apply to information relating to our employees, contractors, and other personnel.
We collect Personal Information from and about you for a variety of purposes, as described in the Collection and Use of Personal Information section of the Privacy Notice. In the last 12 months, we have collected the following categories of Personal Information:
We collect this information directly from you, from our business partners and affiliates, from your browser or device when you visit our websites, or from third parties that you permit to share information with us.
We share Personal Information with third parties for business purposes. The categories of third parties to whom we disclose your Personal Information for a business purpose include: (i) other brands and affiliates in our family of companies; (ii) our service providers and advisors; (iii) analytics providers; (vii) social networks. To learn more about how we disclose data to third parties, please refer to the How We Share Personal Information section of the Privacy Notice.
As is common practice among companies that operate online, we allow certain third party advertising networks, social media companies and other third party businesses collect and disclose your Personal Information (including Internet / Network Information, Commercial Information, and Inferences) directly from your browser or device through cookies or tracking technologies when you visit or interact with our websites, use our apps or otherwise engage with us. These third parties use your Personal Information for purposes of analyzing and optimizing our Services and ads on our Site, on other websites or mobile apps, or on other devices you may use, or to personalize content and perform other advertising-related services such as reporting, attribution, analytics and market research. These third-party businesses may use such information for their own purposes in accordance with their own privacy statements, and may sell the information to third parties, including other advertising networks, for advertising and other purposes.
To opt out from sales of this type of Personal Information, you may do so by using the Digital Advertising Alliance ("DAA") CCPA Tool. The DAA offers the CCPA opt out tool as a centralized place to opt out of the sale of Personal Information by all DAA participating businesses that are collecting your Personal Information across multiple websites and apps. To exercise your right to opt out from sales of this type of Personal Information, please visit https://optout.privacyrights.info. To make opt-out requests related to mobile apps on your device, you can download the appropriate app at https://www.privacyrights.info/appchoices. To learn more about how third parties collect information automatically on our Website and the choices you may have in relation to those activities, please see our Cookie Notice.
As a California resident, you may be able to exercise the following rights (subject to certain limitations at law):
You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process Personal Information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.
Note that if you participate in ONCHAIN.DRESSX.COM, our Digital Collectible(s) program, smart contracts are employed that collect certain information that is then stored on a blockchain that we do not control. If you participate in our Digital Collectible(s) Program, your information will be cryptographically transmitted and stored on that blockchain, and any deletion or modification of that information (to the extent possible on a blockchain) is governed by the terms of the relevant smart contract associated with the Digital Collectible(s) and may not be able to be modified or deleted due to the immutable nature of the blockchain.
To exercise your Right to Access, Right to Know or your Right to Deletion, please submit a request by:
Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional Personal Information from you, including, but not limited to, your email address, phone number, and/or date of last transaction on our Services.
In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
In certain circumstances, California residents are permitted to use an authorized agent to submit requests to know or delete Personal Information on their behalf through the designated methods set forth in this Notice, where we can verify the authorized agent's authority to act on their behalf by:
For requests to opt-out of Personal Information "sales", we require a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf.
California's "Shine the Light" law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us with regard to the disclosure of certain types of Personal Information to third parties for their direct marketing purposes. To opt-out of having your Personal Information disclosed to third parties for their direct marketing purposes, please contact us at hello@dressx.com and provide your contact information to be added to our suppression list.
While we are primarily based in the United States, DressX maintains operations in Europe and may direct our services to individuals located in the European Economic Area ("EEA"), United Kingdom and Switzerland, including through our Site https://dressx.com/ (collectively, our "European Services"). The following disclosures ("Privacy Disclosures") apply to our processing of personal data in connection with our European Services.
More Dash Inc., a company duly incorporated and organised under the laws of United States of America, having its registered address at 1925 Century Park E, #1700, Los Angeles CA 90067, is the data "controller" responsible for the processing of personal data in connection with our European Services. This means that we determine and are responsible for how your Personal Information is used. DressX's Data Protection Office ("DPO") may be contacted at dpo@dressx.com.
Personal Data: When we use the term "personal data" in this section, we mean information relating to an identified or identifiable natural person.
We collect the categories of personal data that you voluntarily submit directly to us when you use the European Services, as set forth in our Privacy Notice under the section entitled Collection and Use of Personal Information. The table at Annex 1 sets out in detail the categories of personal data we collect about you and how we use that information when you use the European Services, as well as the legal basis which we rely on to process the Personal Information and recipients of that Personal Information.
We also automatically collect Personal Information indirectly about how you access and use the European Services, and information about the device you use to access the European Services. For example, we may collect:
We use this information to provide you the features and functionality of the European Services, to monitor and improve the European Services and to develop new services.
The table at Annex 2 sets out further information about the categories of Personal Information we collect about you automatically and how we use that information. The table also lists the legal basis which we rely on to process the Personal Information and recipients of that Personal Information.
We may link or combine the Personal Information we collect about you and the information we collect automatically.
We may anonymise and aggregate any of the Personal Information we collect (so that it does not directly identify you). We may use anonymised information for purposes that include testing our IT systems, research, data analysis, improving the DressX European Services. We may also share such anonymised and aggregated information with others.
We will usually store the Personal Information we collect about you for no longer than necessary for the purposes set out in Annex 1 and Annex 2, in accordance with our legal obligations and legitimate business interests.
The criteria used to determine the period for which Personal Information about you will be retained varies depending on the legal basis under which we process the Personal Information:
In all cases, in addition to the purposes and legal bases, we consider the amount, nature and sensitivity of the Personal Information, as well as the potential risk of harm from unauthorised use or disclosure of your Personal Information.
In addition to the recipients listed in Annexes 1 and 2, we may also share your Personal Information with the following (as required in accordance with the uses set out in Annexes 1 and 2):
From time to time we may contact you with information about our services, including sending you marketing messages and asking for your feedback on our services. Most marketing messages we send will be by email. For some marketing messages, we may use Personal Information we collect about you to help us determine the most relevant marketing information to share with you.
Where we rely on consent to send you marketing communications, we will only send you such messages if you have given us your consent to do so. You can withdraw your consent at a later date by clicking on the unsubscribe link at the bottom of our marketing emails or by updating your preferences via your account on the Site.
Security. We implement appropriate technical and organisational measures to protect your Personal Information against accidental or unlawful destruction, loss, change or damage. All Personal Information we collect will be stored by our cloud hosting provider on secure servers. We will never send you unsolicited emails or contact you by phone requesting credit or debit card information or national identification numbers.
International Transfers of your Personal Information. The Personal Information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations. If you are located in the EEA, United Kingdom or Switzerland, your Personal Information may be processed outside of those regions, including in the United States.
In the event of such a transfer, we ensure that: (i) the Personal Information is transferred to countries recognised as offering an equivalent level of protection; or (ii) the transfer is made pursuant to appropriate safeguards, such as standard data protection clauses adopted by the European Commission.
If you wish to enquire further about these safeguards used, please contact us using the details set out at the end of these Privacy Disclosures.
We may analyze personal data we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively send product updates. We may also use personal data about you to detect and reduce fraud. and credit risk.
In accordance with applicable privacy law, you have the following rights in respect of your Personal Information that we hold:
You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your Personal Information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
You also have the right to lodge a complaint to your local data protection authority. If you are based in the European Union, information about how to contact your local data protection authority is available here. If you are based in the UK or Switzerland, your local data protection authorities are the UK Information Commissioner's Office (https://ico.org.uk/global/contact-us/) and the Swiss Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact/address.html).
If you wish to exercise one of these rights, please contact us using the contact details at the end of these Privacy Disclosures, or you can email us at hello@dressx.com.
Due to the confidential nature of data processing we may ask you to provide proof of identity when exercising the above rights. This can be done by providing a scanned copy of a valid identity document or a signed photocopy of a valid identity document.
Note that if you participate in ONCHAIN.DRESSX.COM, our Digital Collectible(s) program, smart contracts are employed that collect certain information that is then stored on a blockchain that we do not control. If you participate in our Digital Collectible(s) Program, your information will be cryptographically transmitted and stored on that blockchain, and any deletion or modification of that information (to the extent possible on a blockchain) is governed by the terms of the relevant smart contract associated with the Digital Collectible(s) and may not be able to be modified or deleted due to the immutable nature of the blockchain.
Our European Services uses cookies and similar technologies such as pixels and Local Storage Objects (LSOs) like HTML5 (together "cookies") to distinguish you from other users of our European Services. This helps us to provide you with a good experience when you browse our European Services and also allows us to monitor and analyse how you use and interact with our European Services so that we can continue to improve our European Services. It also helps us and our advertising partners to determine products and services that may be of interest to you, in order to serve you targeted advertisements.
Cookies are pieces of code that allow for personalisation of our European Services experience by saving your information such as user ID and other preferences. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes.
We use the following types of cookies:
Other than strictly necessary cookies, which are required for the operation of our European Services, we will only place cookies on your device if you give us your consent to do so. We will ask you to tell us which cookies you agree to receive when you first access our European Services.
Please see Annex 3, Cookie Notice, for more information about the cookies we use on the European Services.
Our emails may contain tracking pixels that identify if and when you have opened an email that we have sent you, how many times you have read it and whether you have clicked on any links in that email. This helps us measure the effectiveness of our marketing email campaigns, make the emails we send to you more relevant to your interests and to understand if you have opened and read any important administrative emails we might send you.
Most popular email clients will allow you to block these pixels by disabling certain external images in emails. You can do this through the settings on your email client – these generally give you the option of choosing whether emails will display "remote images", "remote content" or "images" by default.
Some browsers also give you the option of downloading and installing extensions that block pixels and other tracking technologies.
Note: This section contains detailed information about personal data processing. For complete details, please refer to the full Privacy Disclosures.
The table at Annex 1 sets out in detail the categories of personal data we collect about you and how we use that information when you use the European Services, as well as the legal basis which we rely on to process the Personal Information and recipients of that Personal Information.
Categories include: Contact information, Account information, Payment transaction information, Photos and Images, Location information, Communications and feedback, Information from third parties, and Your preferences.
Note: This section contains detailed information about automatically collected personal data. For complete details, please refer to the full Privacy Disclosures.
The table at Annex 2 sets out further information about the categories of Personal Information we collect about you automatically and how we use that information. The table also lists the legal basis which we rely on to process the Personal Information and recipients of that Personal Information.
Categories include: Approximate location information, Information about how you access and use the European Services, Log files and information about your device.
This Cookie Notice supplements the information contained in the Privacy Notice by explaining how we and our business partners and services providers use cookies and related technologies in the course of managing and providing our online services and our communications to you. It explains what these technologies are and why we use them, as well as your rights to control our use of them.
In some cases, we may use cookies and related technologies described in this Cookie Notice to collect Personal Information, or to collect information that becomes Personal Information if we combine it with other information. For more details about how we process your Personal Information, please review the Privacy Notice.
Cookies are small data files that are stored on your computer that allow us and our third-party partners and providers to collect certain information about your interactions with our email communications, websites and other online services. We and our third-party partners and providers may also use other, related technologies to collect this information, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, "cookies").
We and our third-party partners and providers may use cookies to automatically collect certain types of usage information when you visit or interact with our email communications, websites and other online services, or otherwise engage with us. For example, we may collect log data about your device and its software, such as your IP address, operating system, browser type, date/time of your visit, and other similar information. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure usage and activity trends for our online services and better understand our customer base. When you access our Sites from a mobile device, we may collect unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers ("IDFA"), Google AdID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device's location by analyzing other information, like an IP address.
Third-party partners and providers may also collect Personal Information about your online activities over time and across different websites when you use our websites and online services.
We use or may use the data collected through cookies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit our websites and online services; (b) provide and monitor the effectiveness of our websites and online services; (c) monitor online usage and activities of our websites and online services; (d) diagnose errors and problems with our websites and online services; (e) otherwise plan for and enhance our online services; and (f) facilitate the purposes identified in the Collection and Use of Personal Information section of our Privacy Notice. We and our advertising partners also use the information we collect through cookies to understand your browsing activities, including across unaffiliated third-party sites, so that we can deliver ads and information about products and services that may be of interest to you.
Please note that we link some of the Personal Information we collect through cookies with the other Personal Information that we collect about you and for the purposes described in our Privacy Notice.
Most browsers also allow you to change your cookie settings to block certain cookies. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. Please note that if you choose to refuse all cookies you may not be able to use the full functionality of our European Services. These settings will typically be found in the "options" or "preferences" menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the "Help" option in your browser for more details.
If you would like to find out more about cookies and other similar technologies, please visit www.allaboutcookies.org or the Network Advertising Initiative's online sources at www.networkadvertising.org. We and our third-party partners may also use cookies and tracking technologies for advertising purposes.
Please note that deleting or blocking cookies may not be effective for all types of tracking technologies, such as Local Storage Objects (LSOs) like HTML5.
You can also learn more about Google's practices with Google Analytics by visiting Google's privacy policy here. You can also view Google's currently available opt-out options here.
We support the self-regulatory principles for online behavioral advertising (Principles) published by the Digital Advertising Alliance (DAA). This means that we allow you to exercise choice regarding the collection of information about your online activities over time and across third-party websites for online interest-based advertising purposes. More information about these Principles can be found at www.aboutads.info. If you want to opt out of receiving online interest-based advertisements on your internet browser from advertisers and third parties that participate in the DAA program and perform advertising-related services for us and our partners, please follow the instructions at www.aboutads.info/choices, or http://www.networkadvertising.org/choices/ to place an opt-out cookie on your device indicating that you do not want to receive interest-based advertisements. Opt-out cookies only work on the internet browser and device they are downloaded onto. If you want to opt out of interest-based advertisements across all your browsers and devices, you will need to opt out on each browser on each device you actively use. If you delete cookies on your device generally, you will need to opt out again.
If you want to opt out of receiving online interest-based advertisements on mobile apps, please follow the instructions at http://www.aboutads.info/appchoices.
Please note that when you opt out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on our online services. It means that the online ads that you do see from DAA program participants should not be based on your interests. We are not responsible for the effectiveness of, or compliance with, any third-parties' opt-out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about your use of our online services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA's Principles.
We use the following cookies to optimize your experience on our Site and to provide our services.
The length of time that a cookie remains on your computer or mobile device depends on whether it is a "persistent" or "session" cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.
Last Updated: 9 October 2024
This website and the DressX Fashion Metaverse mobile app (the "App") are operated by More Dash Inc ("MoreDash," "we," "us," or "our"). These Terms of Service ("Terms of Service" or "Terms") govern your access to and use of our website(s), our APIs, App, and any other software, tools, features, or functionalities provided on or in connection with our services; including using our services to view, purchase, sell, or transfer Looks (as defined below) and Digital Collectibles (as defined below) (collectively, the "Service"). "Look" means a digital fashion item or outfit which can be purchased through our Service. "Digital Collectible" means a non-fungible token or similar digital item implemented on a blockchain (such as the Etherium and Polygon Network), which uses smart contracts to link to or otherwise be associated with certain content or data. "Products" means Looks and Digital Collectibles. Some Looks may be sold with a corresponding Digital Collectible, while others may not.
ANY PURCHASE OR SALE YOU MAKE, ACCEPT OR FACILITATE OF PRODUCTS (AS DEFINED BELOW) OUTSIDE OF OUR SERVICE WILL BE ENTIRELY AT YOUR RISK. WE DO NOT CONTROL THE PURCHASE OR SALE OF PRODUCTS OUTSIDE OF OUR SERVICE. WE EXPRESSLY DENY ANY OBLIGATION TO INDEMNIFY YOU OR HOLD YOU HARMLESS FOR ANY LOSSES YOU MAY INCUR BY TRANSACTING, OR FACILITATING TRANSACTIONS, IN PRODUCTS OUTSIDE OF OUR SERVICE.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT IN SECTION 20 AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 21 THAT REQUIRE, WITH ONLY SPECIFIED EXCEPTIONS OR UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 20, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.
By accessing or using any part of the Service, you agree to be bound by these Terms. You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are using the Service on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. If you do not agree, you may not use the Service. Except as set forth in these Terms, or as otherwise approved by us, the Services are for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. A breach or violation of any of the Terms will result in the immediate termination of your Services.
We reserve the right to refuse access to or use of the Service to anyone for any reason at any time. You understand that Your Content (as defined below), excluding including credit card information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
In return for our commitment to provide the Service, we require you to make the below commitments to us.
We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the DressX community.
Furthermore, any access to, or use of, the Service by anyone who is under the age of 13 years old is strictly prohibited and in violation of these Terms, unless such access or use is supervised by a parent or legal guardian ("Parent") who: (a) has read and understands these Terms; (b) approves all rights granted, and all obligations undertaken, by you hereunder; and (c) agrees to be bound by these Terms. If you are a Parent of a user who is under the age of 13 years old, then, by allowing such user to access or use the Service, you are subject to these Terms and responsible for such user's activity on the Service. With respect to the Parent of such a user, "you," as used in these Terms in the context of a license grant, assignment, restriction, obligation, acknowledgment, representation, warranty, or covenant, or in any similar context, means "the Parent, on behalf of the Parent and the user under the age of 13 years old," and "your" has the corresponding meaning. The Service is not available to any users we previously removed from the Service.
Providing a safe and open Service for a broad community requires that we all do our part.
Products or services may be available online through the Service. They may have limited quantities and are subject to return or exchange only according to our Refund Policy.
You can acquire our Products through our Service in several ways: (a) by purchasing individual Products from us on our marketplace, which is hosted on onchain.dressx.com (the "Marketplace") and dressx.com; (b) by purchasing Products from other users through our Marketplace; or (c) by being gifted or transferred our Products by another user or as part of a promotion by us. If you buy an individual Product from another user in the Marketplace, you will know the exact Product that you are purchasing. If you decide to purchase our Products other than through our Marketplace or as made available by or on behalf of us through Snapchat, Roblox and Meta or other platforms specified by us (for a full list, please reach us at info@dressx.com), you understand that such purchases will be entirely at your own risk.
Looks are digital fashions items or outfits which can be applied to your pictures via augmented reality technology. Some Looks may be purchased with an associated Digital Collectible. Each Digital Collectible has a defined set of attributes, including utilities and scarcity, which help determine the value of the Digital Collectible. We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Service. We cannot guarantee that your computer monitor or mobile devices' display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this site is void where prohibited. We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
WE DO NOT SHIP PRODUCTS. YOUR PURCHASE IS DIGITAL ONLY. A PHYSICAL ITEM WILL NOT ARRIVE TO YOU AFTER YOUR PURCHASE – OUR PRODUCTS EXIST ONLY DIGITALLY.
The prices of Digital Collectibles are extremely volatile and subjective and Digital Collectibles have no inherent or intrinsic value. Fluctuations in the price of other Digital Collectibles could materially and adversely affect the value of your Digital Collectibles, which may also be subject to significant price volatility. Each Digital Collectible has no inherent or intrinsic value. We cannot guarantee that any Digital Collectibles purchased will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside of our Marketplace may materially impact the value and desirability of any particular Digital Collectible.
You are solely responsible for determining what, if any, taxes apply to your Product-related transactions. We are not responsible for determining the taxes that apply to your transactions in the Marketplace.
The Service does not store, send, or receive Digital Collectibles. This is because Digital Collectibles exist only by virtue of the ownership record maintained on the Service's supporting blockchain network, Etherium and Polygon. Any transfer of Digital Collectibles must occurs within the supporting blockchain network, and not on the Service.
There are risks associated with using purchasing Digital Collectibles, including the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your electronic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Etherium and Polygon, however caused.
The regulatory regime governing blockchain technologies, cryptocurrencies and other Digital Collectibles is uncertain, and new regulations or policies may materially adversely affect the development of the our Marketplace, and therefore the potential utility or value of your Digital Collectibles.
Our App provides access to our Service over compatible mobile devices, and is available for download via the Google Play Store and the Apple App Store (each, a "Third-Party App Store"). You may incur mobile data charges from your wireless provider in connection with our App, and you agree that you are solely responsible for any such charges. We do not guarantee that our App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that our App or Service will be available in any particular geographic location. We grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of our App for your account on one or more mobile devices owned or leased solely by you, solely in accordance with these Terms. You acknowledge that we may from time to time issue upgraded versions of our App and may automatically electronically upgrade the version of our App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in our App is covered by our applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of our App or any copy thereof. We or our third-party partners or suppliers retain all right, title, and interest in our App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void.
If you acquire our App from a Third-Party App Store: (i) you acknowledge that these Terms are between you and us only, and not with such third party; (ii) your use of such App must comply with such third party's then-current app store terms and conditions; (iii) such third party is only a provider of our App store where you obtained such App; (iv) we, and not such third party, are solely responsible for our App; (v) such third-party has no obligation or liability to you with respect to such App or these Terms; and (vi) you acknowledge and agree that such third-party is a third-party beneficiary to these Terms as it relates to such App.
We are not responsible if information made available on the Service is not accurate, complete or current. The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Service is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to the Service.
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
In order to purchase Digital Collectibles on our Marketplace, you must provide the public blockchain address associated with your crypto wallet used for transactional data on the Etherium and Polygon Network (your "Crypto Address"). You understand and agree that by providing your Crypto Address or creating an account, you acknowledge and agree to allow transactional information regarding any Digital Collectibles that you purchase, receive, sell, or that in any other way become associated with your Crypto Address (collectively, your "Product Collection"), to be made publicly available.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Marketplace. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and features through the website (including, the release of new tools and resources). Such new features and services shall also be subject to these Terms.
Certain Content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You agree that all material, including information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Service or otherwise made available by us in connection with the Service (collectively, "Service Content") is owned by us and our licensors and is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Except as expressly authorized by us in writing or solely as necessary for your use of the intended functionality of the Service, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Service Content, or post any Service Content on any other website or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Service Content for your own personal informational or record-keeping purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Service Content for any other purpose is strictly prohibited without our express prior written permission. You shall use the Service Content only for purposes that are permitted by these Terms and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
Your Crypto Address (including any and all crypto assets identified by or through your Crypto Address), and any other data, text, graphics, images, illustrations, logos, trademarks, service marks, copyrights, audio, videos, music, work of authorship or information, comments, feedback, opinions, postings, messages, files, e-mail, data or other materials presented on your profile or otherwise uploaded to the Service by you is "Your Content." As between us and you, you (or your licensors) will own any and all of Your Content. For an account for a company or entity, we may assume, in our sole discretion, that all of Your Content belongs to that company or legal entity. You understand that certain portions of the Service may allow other users of the Service to view, edit, share, and otherwise interact with Your Content and your Output (as defined below). By providing or sharing Your Content and Output through the Service, you agree to allow others to view, edit, share, and interact with Your Content and Output in accordance with your settings and these Terms. You agree to mark any sensitive or proprietary content as confidential prior to making Your Content available to any other user.
Subject to your compliance with these Terms, you may use your output of the Service ("Output") for any lawful purpose (except as set forth in these Terms), on a royalty-free basis, provided that you acknowledge and agree: (i) that your use of the Service and the Output does not transfer to you ownership of any intellectual property rights in the Service and that (ii) we may, by notice to you at any time, limit your use of the Output or require you to cease using them (and delete any copies of them) if we form the view, in our sole and absolute discretion, that your use of the Output may infringe the rights of any third party. You shall not represent that Output was human-generated or use the Output to train your own machine learning models.
You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to access Your Content and your Output through the Service, and to use, reproduce, distribute, display and perform Your Content and your Output, which you make available to such user through the Service. You further grant, and you represent and warrant that you have all rights necessary to grant, to us, under all of your intellectual property rights, a perpetual, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to host, use, run, copy, store, modify, distribute, reproduce, adapt, publish, publicly perform, translate, list information regarding, make derivative works of, and display Your Content and your Output, in any media now known or hereafter developed, and to allow others to do the same, without compensation to you or any third party.
You affirm, represent, and warrant the following: (a) you have the written consent of each and every identifiable natural person referred to or mentioned in Your Content, if any, to use such person's name, voice, and likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use; (b) you have obtained, and are solely responsible for obtaining, all consents required by applicable laws and regulations to provide Your Content relating to third parties; (c) Your Content and Output and our use thereof as contemplated by these Terms and the Service will not violate any applicable laws or regulations or infringe any rights of any third party, including any intellectual property and privacy rights; (d) Your Content does not include any information or material that a governmental body deems to be sensitive or classified information, and your provision of Your Content in connection with the Service is not violative of any confidentiality rights of any third party; (e) we may exercise the rights to Your Content granted to us under these Terms without liability for payment of any guild or other fees, residuals, payments, or royalties payable under any collective bargaining agreement or otherwise; (f) you will not upload or make available through the Service, either directly or by other means: any personal information of children under the age of 13 or the applicable age of digital consent; (g) Your Content does not include nudity or other sexually suggestive content; hate speech, threats, or direct attacks on an individual or group; content that is abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy; sexist or racially, ethnically, or otherwise discriminatory content; content that contains self-harm or excessive violence; fake or impostor profiles; illegal content or content in furtherance of harmful or illegal activities; malicious programs or code; any person's personal information without such person's consent; spam, machine-generated content, or unsolicited messages; or otherwise objectionable content; and (h) to the best of your knowledge, all of Your Content and other information that you provide to us is truthful and accurate.
We have the right (but not the obligation) in our sole discretion to remove any of Your Content or your Output that is shared via the Service.
WE CLAIM NO OWNERSHIP RIGHTS OVER YOUR CONTENT. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY OF YOUR CONTENT. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR CONTENT AND THE CONSEQUENCES OF SUBMITTING, POSTING, DISPLAYING, PROVIDING, SHARING, OR OTHERWISE MAKING IT AVAILABLE ON OR THROUGH THE SERVICE, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE ACTING ONLY AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION AND PUBLICATION OF YOUR CONTENT.
DRESSX will take down works in response to Digital Millennium Copyright Act ("DMCA") takedown notices and other intellectual property infringement claims and will terminate a user's access to the Service if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please send an e-mail to hello@dressx.com or 1925 Century Park E, #1700, Los Angeles, California, 90067.
For us to process your infringement claim regarding content on the Service, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. We encourage you to use our form to help ensure the requisite information is included in your notice. Your notice must include:
Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on DRESSX marketplace and can also contact you to resolve any dispute.
Your submission of personal information through the store is governed by our Privacy Policy, which is located at https://dressx.com/pages/privacy-policy.
Occasionally there may be information on the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your access to and use of the Service or any related website for violating any of the prohibited uses.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE SERVICE CONTENT, AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT ANY CONTENT OR ANY OTHER INFORMATION CONTAINED IN, OR AVAILABLE VIA, THE SERVICE OR OUTPUT RESULTING THEREFROM IS ACCURATE, COMPREHENSIVE, RELIABLE, USEFUL, CORRECT, FAMILY-FRIENDLY, OR SUITABLE FOR ANY PURPOSE; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS SO OBTAINED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR MOBILE DEVICE(S) OR FOR LOSS OF DATA THAT RESULTS FROM SAME OR FROM YOUR ACCESS TO OR USE OF THE SERVICE. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW.
FURTHER, WE DO NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
DUE TO THE NATURE OF MACHINE LEARNING, OUTPUT MAY NOT BE UNIQUE ACROSS USERS AND THE SERVICE MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR OTHER USERS. USE OF THE SERVICE MAY RESULT IN INCORRECT OUTPUT THAT DOES NOT ACCURATELY REFLECT REALITY. YOU MUST EVALUATE THE ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR YOUR USE CASE, INCLUDING BY USING HUMAN REVIEW OF THE OUTPUT. YOU UNDERSTAND AND AGREE THAT THE OUTPUT MAY CONTAIN "HALLUCINATIONS" AND MAY BE INACCURATE, OBJECTIONABLE, INAPPROPRIATE, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY ALLEGES TO INCUR AS A RESULT OF OR RELATING TO ANY OUTPUT OR OTHER CONTENT GENERATED BY OR ACCESSED ON OR THROUGH THE SERVICE.
In no case shall MoreDash, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or product posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHERIUM AND POLYGON NETWORK, OR YOUR CRYPTO WALLET, INCLUDING ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE, SHOPIFY, THE ETHERIUM AND POLYGONNETWORK, OR ANY CRYPTO WALLET.
DIGITAL COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHERIUM AND POLYGON NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHERIUM AND POLYGON NETWORK. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHERIUM AND POLYGONNETWORK, OR ANY ELECTRONIC WALLET, INCLUDING LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHERIUM AND POLYGON NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
You agree to indemnify, defend and hold harmless MoreDash and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your access to and use of the Service, including your use of Output; (b) your violation of any term of these Terms, including your breach of any of your representations and warranties set forth in these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; (d) your violation of any applicable law or regulation; (e) Your Content or any content that is submitted via your Service account, including any misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any third party's access to or use of the Service with your username(s), password(s), or other authentication credential(s).
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our Service. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; or accordingly may deny you access to our Services (or any part thereof).
You agree that: (i) we will be deemed solely based in the State of California; and (ii) the Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms will be governed by the internal substantive laws of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. You and we agree that any Claim (as defined below) that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of California, and that Los Angeles, California is the proper and exclusive forum for any such proceedings.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE YOU AND MOREDASH TO ARBITRATE ANY DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This section (the "Arbitration Agreement") applies to and governs any dispute, controversy, or claim between you and MoreDash that arises out of or relates to, directly or indirectly: (a) this Terms of Service, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Service; or (d) any other aspect of your relationship or transactions with MoreDash, directly or indirectly, as a consumer ("Claim" or collectively, "Claims"). The Arbitration Agreement shall apply to all Claims that arose or were asserted before or after your agreement to these Terms.
You can reject and opt-out of this Arbitration Agreement within 30 days of accepting these Terms by emailing MoreDash at info@dressx.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at info@dressx.com and attempt to resolve the dispute with us informally. In the unlikely event that MoreDash has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the "Arbitrator"), under the Expedited Procedures then in effect for AAA (the "Rules"), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or California, unless you and MoreDash agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and MoreDash agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether any provision of this Terms of Service is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section shall be deemed as: preventing MoreDash from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Service Content, data security, or other proprietary rights; or preventing you from asserting Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other Claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any Claim regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual Claims in arbitration.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AND MOREDASH AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER MOREDASH USERS. YOU AND MOREDASH FURTHER AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MOREDASH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
Any new features or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at hello@dress-x.com.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Service or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).
For purposes of these Terms, (a) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereto" and "hereunder" refer to these Terms as a whole. These Terms shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. Whenever the masculine is used in these Terms, the same shall include the feminine and whenever the feminine is used herein, the same shall include the masculine, where appropriate. Whenever the singular is used in these Terms, the same shall include the plural, and whenever the plural is used herein, the same shall include the singular, where appropriate.