1. Agreement
The following Terms of Service (the “Terms”) constitute a binding agreement between you and MDST Market Inc. (“MDST Market,” “we,” “our,” and “us”), regarding your use of MDST Market’s website (the “Website”) and MDST Market’s modest fashion delivery platform (the “Platform”) made available through the Website and MDST Market’s mobile application (the “App”, and collectively with the Website and Platform, the “Services”).
By accessing or using the Services in any manner, you agree to be bound by these Terms. PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH SECTION 23 BELOW.
2. Modification to Terms
MDST Market reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. The date of the last modification to the Terms will be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.
3. Privacy
MDST Market respects your privacy. To learn more about how we handle personal data, please see our Privacy Policy.
4. Our Services
MDST Market’s Platform offers a community for individuals that are interested in modest fashion. Users can search for modest fashion, buy and sell modest fashion through the Platform’s secondhand marketplace (the “Marketplace”), and connect with other fans of modest fashion through the MDST Market’s community hub.
5. Eligibility
You may only use the Platform if you are at least 18 years of age.
6. User Accounts
You are not required to create an account if you want to access the Platform, but your use of the Platform will be limited unless you create an account.
You promise to provide us with accurate, complete, and updated registration information about yourself. You are responsible for maintaining the confidentiality of your account, and are fully responsible for any and all activities that occur under your account. You agree to immediately notify MDST Market of any unauthorized use of your account or any other breach of security. MDST Market will not be liable for any loss or damage arising from your failure to comply with this section.
If you would like us to terminate your account, you can do so by contacting us at hello@mdstmarket.com.
7. Acceptable Use
MDST Market hereby grants you permission to access and use the Services, provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:
- You may only use the Services for your own personal use and in accordance with these Terms and any codes of conduct provided by MDST Market. You may not transfer your access to others or allow others to access the Services through your own access.
- You may not offer to sell clothing on the Platform that you do not have the right to sell.
- If you connect with a buyer or seller for a potential transaction through the Marketplace, you may not complete the transaction outside of the Marketplace.
- You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations.
- You may not use the Services in any manner that MDST Market deems to be harmful, violent, fraudulent, deceptive, explicit, inappropriate, threatening, harassing, defamatory, obscene, or otherwise objectionable.
- You may not bulk copy or “scrape” any portion of the Services content using a bot or other tool.
- You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
- You may not enter, store or transmit viruses, worms or other malicious code within, through, to or using the Services.
- You may not defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Services.
- You may not remove or obfuscate any product identification, copyright or other proprietary notice from any element of the Services or associated documentation.
- You may not access the Services for the purpose of building a similar or competitive product, course, or service, or share with or assist any third party in doing so.
8. Payment
a. Subscription Fees.
MDST Market makes the Platform available on a recurring subscription basis. The subscription may be free or subject to a fee (the “Subscription Fee”), as determined by MDST Market in its sole discretion. When you register for an account, you will be notified about any fee associated with your subscription. If MDST Market intends to change the fee for your subscription, you will be notified before the change takes effect.
b. Purchase Fees.
If you purchase clothing through the Marketplace, you will be charged the fee that you and the seller agree to for the purchase (each, a “Purchase Fee”). You acknowledge that MDST Market may retain a portion of the Purchase Fee that constitutes the Seller Fee (as defined below).
c. Seller Fees.
If you sell clothing through the Marketplace, you may be required to pay a MDST Market a portion of the Purchase Fee that you charge for each item that you sell on the Marketplace (each, a “Seller Fee”). In addition, you may have the opportunity to pay for MDST Market to promote your items on the Marketplace (the “Promotion Fee”).
d. Payment and Billing Information.
By providing a credit card or other payment method for the payment of the applicable fees identified in this Section 8 (collectively, the “Fees”), you represent and warrant that you are authorized to use the designated payment method and that you authorize our third-party payment processor to charge your payment method for the total amount of your Fee(s) (including any applicable taxes and other charges), on a recurring basis if applicable. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, you must resolve any problem we (or our third-party payment processor) encounter before the applicable transaction is completed. You acknowledge that the amount billed may vary due to promotional offers, changes in the Services, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
e. Pricing and Availability.
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. Products or services are subject to availability, and we reserve the right to cancel all or part of the Services and to discontinue making certain Services available without prior notice.
9. Content
a. MDST Market Content.
MDST Market either owns all right, title and interest in and to, or has the right to use, the materials available through the Services other than Your Content (as defined below), including, but not limited to, text, graphics, documents, data, articles, photos, images, videos, and illustrations (all of the foregoing except Your Content, the “MDST Market Content”).
Conditioned upon your compliance with these Terms, MDST Market hereby grants you a limited, non-exclusive, non-transferable license, to access and use the Services and MDST Market Content in accordance with these Terms. You have no right to sublicense the rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MDST Market or its licensors, except for the licenses and rights expressly granted in these Terms.
b. Your Content.
As between you and MDST Market, you own all of the content and data that you submit through the Services (collectively, “Your Content”). You hereby grant to MDST Market a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, access, copy, adapt, modify, and otherwise exploit Your Content, in any media, solely as necessary to provide the Services to you and other users and internally improve the Services. MDST Market will not disclose Your Content or otherwise use Your Content for any other purpose without your prior written permission.
You acknowledge and agree that you are solely responsible for Your Content. Accordingly, you represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to MDST Market the license above. If Your Content violates these Terms in any way, we reserve the right to remove Your Content from the Services.
c. MDST Market Data.
MDST Market will collect data about how its customers use the Services, including but not limited to aggregated and anonymized data based on Your Content, the content of other users, and activity on the Services (collectively, “MDST Market Data”). MDST Market owns all right, title, and interest in and to the MDST Market Data.
10. Third-Party Platforms
MDST Market may provide you with access to third-party websites, platforms, and services (collectively, “Third-Party Platforms”). You hereby acknowledge that MDST Market does not control such Third-Party Platforms, and cannot be held responsible for their content, operation, or use. Your use of Third-Party Platforms is subject to their respective terms of service. MDST Market does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, products, or services provided through such Third-Party Platforms. MDST Market disclaims any and all responsibility or liability for any harm resulting from your use of such Third-Party Platforms or any content, information, products, or services you may obtain through those Third-Party Platforms, and you hereby irrevocably waive any claim against MDST Market with respect to your interaction with any such Third-Party Platforms.
11. Apple App Store Terms
The terms in this section apply to the App if downloaded through Apple, Inc.’s (“Apple”) Apple Store:
- Both you and MDST Market acknowledge that these Terms are concluded between you and MDST Market only, and not with Apple, and that Apple is not responsible for the App or MDST Market Content;
- The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the App in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
- You acknowledge and agree that MDST Market, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App;
- You acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, MDST Market, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and MDST Market acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
- Both you and MDST Market acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
12. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that MDST Market has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.
13. Modification to Services
MDST Market may modify the Services from time to time. MDST Market shall have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you or any other third party may incur as a result of changes to the Services.
14. Notices of Copyright Infringement
MDST Market respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, MDST Market will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.
If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):
- the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;
- the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;
- your mailing address, telephone number, and, if available, email address;
- a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
- your full legal name and your electronic or physical signature.
You may deliver this notice, with all items completed, to us, as follows: MDST Market Inc., 28 Church Street, Winchester, MA 01890.
Upon receipt of the Notice as described above, MDST Market will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
15. Termination
MDST Market may immediately and without notice terminate these Terms and disable your access to the Services for any or no reason. You may terminate your account at any time by contacting us at hello@mdstmarket.com. Subscription Fees are not refundable.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, indemnification, and terms regarding disputes between us.
16. Indemnification
To the fullest extent allowed by applicable law, you agree to indemnify, defend, and hold MDST Market, its affiliates, officers, agents, and employees harmless from and against any and all third-party claims, and any resulting liabilities, damages, losses and expenses (including attorneys’ fees) arising from or in any way related to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, and (c) any dispute between you and one or more other users.
17. Disclaimer of Warranties; Release
a. Marketplace.
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE MARKETPLACE AT YOUR OWN RISK. MDST MARKET DOES NOT VET ANY BUYER OR SELLER, OR THE CLOTHING OR OTHER PRODUCTS THAT MAY BE AVAILABLE FOR PURCHASE ON THE MARKETPLACE. MDST MARKET DOES NOT GUARANTEE ANY OUTCOME OF YOUR USE OF THE MARKETPLACE. YOU ARE SOLELY RESPONSIBLE FOR HANDLING ANY DISPUTE THAT MAY ARISE BETWEEN YOU AND ANOTHER USER ON THE MARKETPLACE, INCLUDING ANY USER THAT PURCHASES A PRODUCT FROM YOU ON THE MARKETPLACE OR SELLS YOU A PRODUCT ON THE MARKETPLACE. MDST MARKET DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, ABOUT THE MARKETPLACE. YOU ASSUME ALL RISK REGARDING YOUR USE OF THE MARKETPLACE.
b. General Disclaimer.
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND MDST MARKET CONTENT ARE PROVIDED “AS IS,” AND MDST MARKET AND ITS AFFILIATES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. MDST MARKET AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
Because some states do not permit disclaimer of implied warranties, you may have additional rights under your local laws.
c. Release.
YOU HEREBY EXPRESSLY RELEASE MDST MARKET FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR RELATED TO DISPUTES, DEALINGS, OR INTERACTIONS BETWEEN YOU AND ANY OTHER USERS OR THIRD PARTIES.
18. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MDST MARKET BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO MDST MARKET IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
19. Notices
Any notices or other communications permitted or required hereunder will be in writing and given by MDST Market (a) via email (in each case to the address that you provide) or (b) by posting to the Platform.
20. No Waiver
The failure of MDST Market to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
21. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without MDST Market’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. MDST Market may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third-party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.
22. Severability
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
23. Governing Law; Arbitration
These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. The arbitration shall be held in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitration shall be held in the US county of your most recent physical address or, if there is no such US county, in Middlsex County, Massachusetts. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing obligation to arbitrate disputes, you acknowledge that a breach of Sections 7 (Acceptable Use) and 9 (Content) will cause irreparable harm to MDST Market, for which damages will be difficult to ascertain, and therefore you hereby agree that MDST Market shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, without the necessity of proving actual damages or posting any bond. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Middlesex County, Massachusetts. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND MDST MARKET ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
24. Entire Agreement
These Terms constitute the entire agreement between you and MDST Market regarding your use of the Services, and supersede all prior written or oral agreements.
25. Contact Us
If you have any questions about the Services, please do not hesitate to contact us at Privacy@mdstmarket.com.
