Queenly, Inc (hereafter referred to as “Queenly,” “we,” “us,” or “our”) provides a mobile application that connects users who own formal wear items (brand new and secondhand) to sell with other users that are purchasing on the platform.
QUEENLY IS A MOBILE AND WEB THIRD-PARTY PLATFORM THAT CONNECTS USERS (BUYERS & SELLERS) IN ORDER TO PERFORM TRANSACTIONS INVOLVING ALL KINDS OF FORMAL DRESSES. YOU UNDERSTAND AND AGREE THAT QUEENLY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN BUYERS AND SELLERS OUTSIDE OF THE PLATFORM, NOR IS QUEENLY A CLOTHING BROKER, AGENT, AUCTIONEER OR INSURER. QUEENLY IS NOT LIABLE FOR THE CONDUCT OF USERS OF THE PLATFORM, OR ANY ITEM EXCHANGE DONE OUTSIDE THE PLATFORM, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Queenly is a marketplace that allows users to purchase directly or offer a price, sell and buy high-quality formal wear in a variety of pricing formats and locations. Any actual contract for sale is directly between the applicable sellers and buyers. Please pay particularly close attention to our listing and purchase conditions and shipping policies.
Payment processing services for Queenly are provided by Stripe, Paypal, Apple Pay, QuadPay, Affirm, and Zip, and are subject to the respective Account Agreements, which includes their own Terms of Service. By agreeing to these Terms or continuing to operate as a User on Queenly, you agree to be bound by their Services Agreements and terms and conditions. As a condition of Queenly enabling payment processing services through Stripe, Paypal, Apple Pay, QuadPay, and more...you agree to provide Queenly accurate and complete information about you and your business, and you authorize Queenly to share it and transaction information related to your use of the payment processing services provided by the payment processing platform.
Additional payment processing service is also provided by Apple Pay: https://www.apple.com/legal/internet-services/terms/site.html
The seller will earn 80% of the item's selling price and the 20% will be given to Queenly as a commission fee, to cover the costs associated with payments processing, operations-related costs and building and maintaining the Queenly software.
"Application" means any mobile application that may be developed by Queenly to support or accompany the Site and Services. "Collective Content" means User Content (defined below) and Queenly Content. "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"User" means a person who completes Queenly’s account registration process. "User Content" means all content that a User posts, uploads, publishes, submits or transmits to be made available through the Application.
"Buyer" means a User who has posted an ISO on Queenly or purchases a dress posted.
"Seller" means a User who has posted dresses for sale.
"Services" means the services made available by Queenly through the Site and Application.
"Queenly Content" means all Content that Queenly makes available through the Site and Application.
As a Seller, you may post your items for sale in the app or website by uploading them. You are responsible for taking pictures that accurately portray the item to be sold, and truthfully inputting the correct description of this item. To this end, you will be asked a variety of questions about the listed items, including: size, color, designer, silhouette, and condition. Your own measurements from your profile that include height, bust, waist, and hips will be tied automatically to your post. You understand and agree that once a transaction goes through on the platform, the price for such an item may not be altered. The seller is responsible for shipping the item within 48 hours or the sale might be cancelled and/or the payout might be deducted for the time delay. If the item is not as described, and this is apparent during the quality check process, this will be communicated to the buyer and it is subject to cancellation or slight price change. You agree that if you fail to provide correct information on the items or have been proven to falsify any information you post for sale, you are subject to penalty fees, late fees, retraction of sale, suspension of account, and deletion of inventory posted.
CONDITION OF ITEMS
You are required to ensure that your item is exactly in the condition you have stated. Failure to provide accurate descriptions of the condition of the item you have posted can result in a claim against your payout or cancellation of a sale.
The following are the descriptions for each condition:
"Brand new" - never worn, with tags and no visible tear, damage, and/or stain
"Very good" - worn lightly or once, without tags and little signs of visible tear, damage and/or stain
"Good" - gently worn, with moderate signs of wear & tear
"Fair" - used and shows prominent wear such as fading, discoloration, tears, and noticeable stains but still acceptable to wear
FINANCE AND CONDUCT
You understand and agree that Queenly does not act as an insurer or as a contracting agent for you as a User. It is the buyer's responsibility to make sure that they examine and accept all of the descriptions of the item that they are accepting to purchase, and it is not Queenly's responsibility to make sure that this item is what the buyer desires it to be or for the fit to be guaranteed. Queenly serves as the limited authorized agent of the User for the purpose of accepting payments from Users. You acknowledge and agree that, as a User, you are responsible for your own acts and omissions.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services. Please submit Feedback by emailing us at [email protected] You acknowledge and agree that all Feedback will be the sole and exclusive property of Queenly and you hereby irrevocably assign to Queenly and agree to irrevocably assign to Queenly all of your rights, titles, and interests in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Queenly's request and expense, you will execute documents and take such further acts as Queenly may reasonably request to assist Queenly to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Queenly does not own the items posted on the platform; Queenly merely acts as third-party remediator for our Users in the event of a dispute or occasion where a neutral (third) party is needed. Examples include, but are not limited to: disputes regarding pricing of the item, shipping delay, condition/damage of the item, refunds and cancellations, etc.
In order to access certain features of the Site and Application, and to buy/sell an item, you must become a User by registering and creating an account. You can only register or join by logging into your account (a “Third Party Account”) with certain third party social networking sites including, without limitation, Facebook (a “SNS”). As part of the functionality of the Site, Application and Services, you may link your Queenly account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Queenly through the Site, Services or Application; or (ii) allowing Queenly to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Queenly and/or grant Queenly access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Queenly to pay any fees or making Queenly subject to any usage limitations imposed by such third party service providers. By granting Queenly access to any Third Party Accounts, you understand that Queenly will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Queenly account and Queenly account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Queenly account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Queenly’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH A SNS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.
Queenly does not review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Queenly is not responsible for any SNS Content. A Queenly account and Queenly account profile page for your use of the Site and Application will be created upon registration based upon the personal information you provide to us or that we obtain via an SNS, as described above. You may not have more than one (1) active Queenly Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Queenly reserves the right to suspend or terminate your Queenly account and your access to the Site, Application and Services for any reason, including, without limitation, if you create more than one (1) Queenly account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you are solely responsibility for any activities or actions under your Queenly account, whether or not you have authorized such activities or actions.You will immediately notify Queenly of any unauthorized use of your Queenly account.
SERVICE FEES AND FINANCIAL TERMS
Queenly charges a service fee to the Sellers (the “Service Fee”), which is based on a percentage of the applicable listing price that a Buyer pays to a Seller (the “Item Price”). The Service Fee paid to Queenly is equal to twenty percent (20%) of the Final Selling Price and the User keeps eighty percent (80%) of the Selling Price. Shipping fees are paid for by the Buyer of the item and that goes to Queenly to cover both shipping and any damages/delays that may occur. Queenly will collect the Service Fees from time of payment and at the time of the payment is disbursed to such Seller, which is after the item passes quality check at our fulfillment center or if the item is under $500, then once the item is shipped and received by the buyer. Queenly assumes no liability for any acts or omissions of both Buyer and Seller. Buyers and Sellers are solely responsible for honoring any confirmed transactions and making available that item for purchase through the Site, Application and Services. You acknowledge and agree that you, and not Queenly, will be responsible for performing the obligations of any such agreements, that Queenly is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Queenly disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Queenly is not a party to the agreement between the Seller and the Buyer, Queenly accepts payments from you on behalf of the Buyer. Upon a Buyer's payment of the Item Price to Queenly, Buyer's payment obligation to the Seller for such amounts is fulfilled.
Users are responsible for reading Item Listings, including, without limitation, the description of the item and any policies or instructions. Queenly will collect the Item Price in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Queenly cannot control any fees that may be charged to a Buyer by his or her own bank related to Queenly’s collection of the Item Price, and Queenly disclaims all liability in this respect.
Since Queenly is a third-party platform and we do not own any of the inventory posted, we currently do not accept/process any refunds. It is up to the Seller to make sure that the correct size measurements and dress descriptions are displayed on their profile. The items will go through an intensive quality check through us prior to reaching the Buyer (if over $500 and outside of the holiday season), and if for any reason we notice any discrepancies with the item that does not reflect what was described in the post, we will then send it back to the Seller and notify the Buyer with a full refund. The Seller is solely responsible for making sure that what they state about the item is true (i.e. right color, correct size measurements, honest condition of the item, etc.) and that Sellers understand that their items are subject the rejection if the item does not pass our quality check process. Buyers can offer to purchase from Sellers. Once an offer is accepted by Seller, the sale transaction is binding on both Seller and Buyer, and no returns, refunds, cancellations or retractions are allowed, except as permitted by these Terms.
Neither party shall be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, acts of a public enemy, error in the coding of electronic files, Internet or other network “brownouts” or failures, power failures, cyber attacks, third party attack or other actions and acts of civil and military authorities.
You and Queenly agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Queenly are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Queenly otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778- 7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Notwithstanding the provisions of the “Modification” section above, if Queenly changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Queenly’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Queenly in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
This application is operated by QUEENLY, INC. Throughout the application, the terms “we”, “us” and “our” refer to QUEENLY, INC. QUEENLY, INC offers this application, including all information, tools and services available from this application to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By using our application and/ or purchasing through us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the application, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our application. By accessing or using any part of the application, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the application or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current application shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our application. It is your responsibility to check this page periodically for changes. Your continued use of or access to the application following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE APPLICATION TERMS
By agreeing to these Terms of Service, 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 application. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not 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 application 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.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this application is not accurate, complete or current. The material on this application 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 this application is at your own risk. This application 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 this application at any time, but we have no obligation to update any information on our application. You agree that it is your responsibility to monitor changes to our application.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services 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.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the application. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our users’ products that appear on our application. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our 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 our services and service pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this application 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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel transactions per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/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 and/or billing address/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 from our application. 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 Returns Policy.
SECTION 7 - OPTIONAL TOOLS
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 application 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/or features through the application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this application may direct you to third-party websites or applications 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 or applications. 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.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our application or in 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 platform 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 without limitation, 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.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the application 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, application, 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 use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – WHAT WE OWN
All material and services available on the application, and all material and services provided by or through QUEENLY, INC, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All QUEENLY, INC trademarks and service marks, logos, slogans and taglines are the property of QUEENLY, INC. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on our application without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
SECTION 14 - USER CONTENT
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Terms of Service Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Queenly takes no responsibility and assumes no liability for any content provided by you or any third party. You are solely responsible for the content you post or transmit on or through the Service (collectively, "User Content"). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content you hereby grant and will grant to Queenly and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Queenly, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content). We offer product data (including images, descriptions and specifications) that are provided by third parties (including Queenly users). You may use that content solely in your Queenly listings. Queenly may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings). We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Queenly is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate. Queenly is not responsible for these content as Queenly did not upload them on the platform. The name "Queenly " and other Queenly marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Queenly in the U.S. and other countries. They may not be used without the express written prior permission of Queenly.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non- infringement. In no case shall QUEENLY, INC, 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, without limitation 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, but not limited to, 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.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless QUEENLY, INC and our parent, 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 your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 - SEVERABILITY
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.
SECTION 18 - TERMINATION
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 Services, or when you cease using our application. 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; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us 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 this application 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, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California and United States.
SECTION 21 - CHANGES TO TERMS OF SERVICE
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 application. It is your responsibility to check our application periodically for changes. Your continued use of or access to our application or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - INFRINGEMENT POLICY
Queenly respects the intellectual property of others, and we ask our users to do the same. Queenly will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, the Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Queenly will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
The above information should be sent to Queenly's Copyright Agent for Notice of claims of copyright or other intellectual property infringement by email to the following address: [email protected] (Subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Attn: Copyright Agent
880 Harrison Street Suite 204
San Francisco, CA 94107
SECTION 23 - CONTACT INFORMATION
You may contact us at the following address:
880 Harrison St Suite 204
San Francisco, CA 94107
Questions about the Terms of Service should be sent to us at: [email protected]
Effective Date of Terms of Service: 01/10/2017