Digital Closet Terms of Use

Last updated: September 1, 2023

Agreement to Terms

These Terms of Use constitute a legally binding agreement ("Agreement") between you ("User", "you", "your") and Digital Closet ("Company", "we", "us", "our") governing your use of the Digital Closet mobile application ("Application") and all related services.

By accessing or using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. You also represent that you have the legal authority to accept these Terms on behalf of yourself or any party you represent.

IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE APPLICATION.

Changes to Terms

We reserve the right, at our sole discretion, to modify, update, or replace these Terms of Use at any time. The most current version will always be posted on the Application with the "Last Updated" date at the top.

If we make material changes to these Terms, we will notify you either through the email address associated with your account or by placing a prominent notice on our Application. Your continued use of the Application after any such changes constitutes your acceptance of the new Terms.

It is your responsibility to review these Terms periodically for changes. If you do not agree to the revised Terms, you should discontinue your use of the Application.

License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Application for your personal, non-commercial use on compatible devices that you own or control.

This license does not include any right to:

Copy, modify, or create derivative works of the Application or its content
Use the Application for any commercial purpose
Decompile, reverse-engineer, disassemble, or attempt to derive the source code of the Application
Remove, alter, or obscure any proprietary notices on the Application
Use the Application in any manner that could damage, disable, overburden, or impair the Application or interfere with any other party's use of the Application
Use any robot, spider, or other automated device, process, or means to access the Application for any purpose
Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material to the Application

We reserve the right to revoke this license at any time, in our sole discretion, if you violate these Terms or engage in any use of the Application that we deem inappropriate.

User Accounts

To access certain features of the Application, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update this information to maintain its accuracy.

You are solely responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use of your account or any other breach of security

We reserve the right to suspend or terminate your account and your access to the Application if we have reason to believe that you have violated these Terms or if we determine, in our sole discretion, that your use of the Application poses a risk to the Application or other users.

You must be at least 16 years old to create an account and use the Application. By creating an account, you represent and warrant that you are at least 16 years of age.

Prohibited Activities

In addition to the restrictions outlined elsewhere in these Terms, you agree not to engage in the following prohibited activities:

Using the Application for any illegal purpose or in violation of any local, state, national, or international law or regulation
Violating the rights of others, including privacy rights, publicity rights, and intellectual property rights
Harassing, threatening, intimidating, or impersonating any person or entity
Posting, transmitting, or sharing content that is harmful, offensive, indecent, abusive, obscene, or fraudulent
Attempting to gain unauthorized access to the Application, other users' accounts, or computer systems or networks connected to the Application
Using the Application to develop, generate, transmit, or store information that could cause damage to the Company's brand or reputation
Using the Application to send unsolicited communications, promotions, or advertisements
Collecting or harvesting any information about other users without their consent
Interfering with, disrupting, or creating an undue burden on the Application or the networks or services connected to the Application

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including removing the offending content, suspending or terminating the account of such violators, and reporting them to law enforcement authorities.

Intellectual Property

The Application, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), is owned by the Company, its licensors, or other providers of such material and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company.

Unless expressly authorized by us, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Application, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
You may store files that are automatically cached by your browser for display enhancement purposes
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications

User Content

The Application may allow you to upload, post, store, share, send, or display content, including text, images, photos, videos, and other materials ("User Content"). You retain ownership rights in your User Content, subject to the licenses granted below.

By submitting User Content to the Application, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and providing services through the Application, including for promoting the Application in any media formats and through any media channels.

You represent and warrant that:

You own the User Content or have the right to use and grant us the licenses as provided in these Terms
The posting and use of your User Content on or through the Application does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity
Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code

We reserve the right to review, remove, or modify User Content at our sole discretion, including User Content that we believe violates these Terms or may be offensive, illegal, or violate the rights, harm, or threaten the safety of any person.

Third-Party Services

The Application may contain links to or integrations with third-party websites, services, or resources ("Third-Party Services") that are not owned or controlled by us. We do not endorse or assume any responsibility for any Third-Party Services.

If you access Third-Party Services through the Application, you do so at your own risk and are subject to the terms and conditions and privacy policies of those Third-Party Services. We are not responsible for the content, accuracy, privacy policies, practices, or other aspects of any Third-Party Services.

The Application may also use third-party services for payment processing, authentication, analytics, or other functions. Your use of such services is subject to the terms and conditions and privacy policies of those services, and we are not responsible for the actions or policies of such third parties.

Disclaimer of Warranties

THE APPLICATION AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OF DATA OR FOR ANY DAMAGE CAUSED TO YOUR DEVICE OR SYSTEM FROM YOUR ACCESS OR USE OF THE APPLICATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION
ANY CONTENT OBTAINED FROM THE APPLICATION
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICATION IN THE PAST SIX (6) MONTHS, OR $100, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, directors, officers, employees, agents, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms
Your User Content
Your use of the Application
Your violation of the rights of any third party, including intellectual property rights or privacy rights
Your violation of any applicable laws, rules, or regulations

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Governing Law

These Terms and your use of the Application shall be governed by and construed in accordance with the laws of Turkey, without giving effect to any choice or conflict of law provision or rule.

Any legal action or proceeding relating to your access to, or use of, the Application or these Terms shall be instituted in the courts of Turkey, and you agree to submit to the personal jurisdiction of such courts in any such action or proceeding.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the Istanbul Arbitration Centre (ISTAC) in accordance with its rules.

The arbitration shall be conducted in Istanbul, Turkey, in the Turkish language, by a panel of three arbitrators, and the arbitration award shall be final and binding on the parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if it is in writing and signed by the Company.

Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by the Company on the Application, constitute the entire agreement between you and the Company concerning the Application and supersede all prior terms, agreements, discussions, and understandings, whether written or oral, about the Application.

Contact Information

If you have any questions, concerns, or comments about these Terms, please contact us at:

Digital Closet
123 Fashion Avenue
Istanbul, Turkey
Email: legal@digitalcloset.com
Phone: +90 (212) 555-1234