Terms and conditions
Application and Acceptance of this Agreement
Trench Girls, Ltd. (“Trench", or the "Company", "we", "our", “us”) welcomes you (the "User", or "you") to our service known as "Trench" which is an app based social platform (the "App") which enables Users to trade fashion items with fellow Users in exchange for an invented digital currency that exists and can only be used within the Trench App called “Diamond” (Diamond, together with the App and Content (as defined below) the "Service(s)") These Terms of Use along with our Privacy Notice and any additional guidelines, terms, procedures or rules that we may apply to a specific feature of the Service are a contract in electronic form between you and the Company (the “Agreement” or the “Terms”). This Agreement sets forth the legally binding terms governing your access and use of Service. By entering, connecting to, accessing or using the Service, and/or by installing the App on your device, you acknowledge that you have read and understood the Terms and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service and you acknowledge that these Terms constitute a binding and enforceable legal contract between Trench and you.
Description of Service; Use of Diamonds
Our Service offers Users a unique on-line social platform that allows Users to trade (by offering for sale or purchasing) fashion items solely in exchange for Diamonds. When you offer your fashion items for sale to other Users you will specify the price of your items in Diamonds. Other Users then may either purchase your items for your offered price or offer a different Diamond price for such item. Each User earns Diamonds through the sale of his/her own fashion items the service or gain them from Trench as an award. As Diamonds are a digital currency that can only be used within Trench, Diamonds are not a legal tender, debt or obligation and cannot be bought or sold for actual currency.
Users may either elect to receive their purchased items via shipment from the seller or can coordinate an pick-up with the seller directly.
The Service may provide you with additional resources such as FAQ and support and may include other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Service, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Service (collectively, the “Content”).
Privacy Notice
In connection with your access to or use of the Services, we may obtain information from or about you. We will use your information in accordance with our Privacy Notice, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Notice. The Privacy Notice is incorporated into this Agreement by reference and forms an essential part of the Agreement.
Accuracy of Your Information
The information you submit to us through the Service, including as part of your account creation, registration or membership, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the Service.
Age Eligibility and Legal Capacity
The Service is available only to individuals who are at least thirteen (13) years old and possess the legal capacity to enter into this Agreement under applicable law, or have received consent from their legal guardian to enter into Agreement. By accessing the Service, you represent that you are at least thirteen (13) years old and that you either possess the legal authority to enter into this Agreement and to fully perform your obligations hereunder. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Services; if your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use the Services. In the event that it comes to our knowledge that a person under the age of thirteen (13) is using the Service, we will prohibit and block such User from accessing or using the Service.
Account, Username, Password and Other Credentials; Account Cancellation
In order to use the Service you must download the App from a mobile application marketplace. You will be required to open an account in order to use the Service (an “Account“). You may also register for the Service by using your existing Facebook account information. Usage of your Trench Account is personal, and each User cannot hold more than one account, or allow others to access their account. You are responsible for maintaining the confidentiality of your username, password and other credentials (your “Credentials”) that you may be asked to create to access the Services or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify Trench of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.
If we in good faith believe you have created an Account impersonating another person, we may suspend or terminate such Account, refuse you access to such account, and terminate your use of the Service. In addition, any creation or use of any such fraudulent Account may expose you to civil and/or criminal liability. You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Trench.
If you wish to either change your username or password to log-in to the Service, or cancel and remove your Account, you may use the settings menus or you can send us an e-mail of your request to the support e-mail address which appears in the App. Your Account will terminate within a reasonable period of time following your request, and from that date of termination you will no longer be able to access your Account. CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED TO US. TRENCH DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Your Conduct and Responsible Use of the Services
Your access to and use of the Service is subject to the following restrictions. Failure to comply with any of the terms of this Agreement may result in our, at Trench’s sole discretion, suspending, terminating, or refusing you access to the Service, and may also expose you to civil and/or criminal liability. You may not and may not have others on your behalf:
use the Service for any illegal, immoral, unlawful, or unauthorized purposes;
use the Service and/or User Content (as defined below) for non-personal or commercial purposes without Trench's express prior written consent;
remove or disassociate, from the Service or any aspect of it any restrictions and signs indicating proprietary rights of Trench or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®);
interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information;
interfere with or disrupt the operation of the Service or the servers or networks that host the Service, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks;
impersonate any person or entity, including, but not limited to, any Trench representative, or falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely state or imply that Trench or any of its representatives endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Service;
take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us;
bypass any measures we may use to prevent or restrict access to the Service;
copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Trench on or through the App and/or Services, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms;
copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Trench's proprietary rights, including Trench's Intellectual Property (as defined below), in any way or by any means;
make any use of the Content on any other site or networked computer environment for any purpose without Trench’s prior written consent;
create a browser or border environment around Trench Content (no frames or inline linking is allowed);
sell, license, or exploit for any commercial purposes any use of or access to the Service or any of its parts or to the User Content;
create a database by systematically downloading and storing all or any of the Content or User Content from the Service;
transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; or
infringe and/or violate any of the other terms of this Agreement.
Offer and Exchange of Items on Trench
You hereby represent and warrant that each fashion item offered by you for sale through the Service is owned by you, or that you are otherwise permitted to sell it to other Users through the Service. In addition, you hereby represent and warrant that any fashion item offered by you for sale through the Service does not infringe third party rights (including without limitation, intellectual property rights, consumer rights, etc.) or violate applicable laws or regulations. TRENCH IS ONLY FOR FASHION CLOTHING AND ACCESSORIES. TRENCH DOES NOT PERMIT THE SALE OF NEW, USED, UNUSED, CLOSED OR OPEN COSMETIC OR BEAUTY PRODUCTS OF ANY KIND. TRENCH WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH A USER’S USE OF COSMETIC OR BEATY PRODUCT PURCHASED ON TRENCH. AND YOU SHALL INDEMNIFY TRENCH FOR ANY CLAIMS ARISING FROM OR RELATED TO ANY COSMETIC OR BEAUTY PRODUCT THAT YOU OFFER FOR SALE THROUGH THE SERVICE. TRENCH RESERVES THE RIGHT TO REMOVE ANY SUCH ITEMS THAT DO NOT FOLLOW THESE RESTRICTIONS.
EXCEPT AS DESCRIBED BELOW, TRENCH MERELY COORDINATES BETWEEN USERS IN ORDER TO FACILITATE THE SALE OF FASHION ITEMS IN EXCHANGE FOR DIAMONDS. TRENCH DOES NOT OWN, SELL, CONTROL, MANAGE, ENDORSE, OR SPONSOR AND OF THE FASHION ITEMS ON TRENCH, AND IS A PARTY TO ANY OF THE TRADING ACTIVITIES, OFFERS, OR INITIATIVES PROVIDED BY USERS THROUGH THE SERVICE. TRENCH SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH THE EXCHANGE OF FASHION ITEMS WITH OTHER USERS. TRENCH TAKES NO PART IN DELIVERING PURCHASED ITEMS TO USERS AND DOES NOT GUARANTEE THE DELIVERY OF FASHION ITEMS FROM ONE USER TO ANOTHER. YOU ACKNOWLEDGE AND AGREE THAT TRENCH DOES NOT HAVE ANY OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE WITH WHOM YOU INTERACT, PARTICULARLY IF YOU CHOOSE TO PURCHASE THEIR FASHION ITEMS OR MEET THEM IN PERSON. YOU ARE SOLELY RESPONSIBLE FOR SUCH COMMUNICATIONS AND INTERACTIONS AND EACH USER IS RESPONSIBLE FOR HIS/HER OWN SAFETY. ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SERVICE ARE RESERVED TO TRENCH OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICE AND ALL OF ITS COMPONENTS ARE PROVIDED ON AN "AS IS" BASIS. YOUR USE OF THE SERVICE AND USER CONTENT IS ENTIRELY AT YOUR OWN RISK.
FROM TIME TO TIME, TRENCH MAY SELL FASHION ITEMS THROUGH THE APP (“TRENCH ITEMS”). SUCH TRENCH ITEMS ARE BEING OFFERED AND SOLD TO USERS ON AN “AS IS,” “WHERE IS” BASIS. TRENCH EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AS IT RELATES TO SUCH TRENCH ITEMS.
Taxes
It is your responsibility to determine what, if any taxes may apply to the transactions you complete through your use of the Service and it is your responsibility to report and remit the appropriate tax to the relevant taxing authorities. You agree that Trench is not responsible for determining whether taxes apply to the transactions through the Service. To the extent that any tax applicable to your transactions through the Service is charged to Trench, you agree to fully indemnify Trench and reimburse it for such charges. You certify that any information provided by you to Trench is accurate and consent to Trench using such information as is necessary to fulfill Trench’s federal, state and local tax payment or withholding purposes and tax filing obligations.
Intellectual and Other Proprietary Rights
The App, the Content and Trench's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (excluding the User Content) (collectively, “Intellectual Property”), are owned by and/or licensed to Trench and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Trench and its licensors. Subject to the terms hereof, Trench hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to download and use the App on your authorized mobile phone, device or tablet that you own or control, solely for the limited purpose of using the Service for your internal non-commercial use, and for no other purpose, strictly in accordance with the terms of this Agreement and applicable law. The Terms do not convey to you an interest in or to the Trench Intellectual Property but only a limited revocable right of use in accordance with these Terms.To the extent you provide any feedback, comments or suggestions to Trench regarding the Service (“Feedback“), Trench shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Trench current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Trench to comply with any additional obligations with respect to any Trench current or future products, technologies or services that incorporate any Feedback.
Trademark Information
“Trench”, “Diamond” and any other Trench trademarks, logos and proprietary identifiers used by Trench in connection with the Service (“Trench Trademarks”) are all trademarks and/or trade names of Trench, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Service belong to their respective owners (“Third Party Marks”). No right, license, or interest to Trench Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and you will not use any of those marks, except as permitted herein or as may be permitted by the owners of such Third Party Marks.Availability
The Services' availability and functionality depends on various factors, such as communication networks, software, hardware, service providers and contractors of Trench or other third parties. Trench does not warrant or guarantee that the Service will operate or be available at all times without disruption or interruption, or that it will be error-free or safe from unauthorized access.User Content
“User Content” means any and all information and content that a User submits to, or uses with, the Service (e.g., photos, audio, video, messages, text, files, or other content you provide us), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Trench. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will Trench be liable for any inaccuracy or defect in any User Content.You expressly agree that the User Content will not include any unsolicited promotions, advertising, contests or raffles. You agree that you will not post or upload, publish or transmit any User Content which is, among other things and without limitation, unlawful, defamatory, libelous, offensive, obscene, pornographic, indecent, harassing, threatening, abusive, fraudulent, impersonates another, contains hate speech, encourages criminal conduct, gives rise to civil liability or is otherwise inappropriate (collectively, "Prohibited Content"). Although Trench has no obligation to screen, edit or monitor any of the User Content, Trench explicitly reserves the right, in its sole discretion, to remove or edit, without giving any prior notice, any User Content available on or through the Service at any time and for any reason, and you are solely responsible for creating backup copies of your User Content at your sole expense.
You hereby grant, and you represent and warrant that you have the right to grant, to Trench an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users of the Service are solely between you and such User. You agree that Trench will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User, we are under no obligation to become involved. Trench has no obligation to monitor or delete any User Content.
PLEASE NOTE THAT USER CONTENT YOU UPLOAD, PUBLISH OR SHARE MAY REMAIN IN TRENCH'S ARCHIVES AFTER TERMINATION OF THE ACCOUNT OR AFTER ITS DELETION FROM THE ACCOUNT, SO AS TO ALLOW TRENCH TO USE IT FOR THE PURPOSES SPECIFIED IN THIS SECTION.
User Submissions
Unsolicited Submissions: You agree that we may use information/User Content you provide us through the Service, emails, forums, polls, social media (including tagging) or through any other User generated submission, and may use your name and any stories you provide us in the App and the Service or in our publications, advertising or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. Trench can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Service or our publications, advertising or sponsored content.
Invited Submissions: From time to time, Trench may expressly request submissions of potential content from you (“Invited Submissions “). Please carefully read any specific rules or other terms and conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the submissions and may affect your legal rights. If no such additional terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to through the Service.Chat Feature and Other Interactive Areas
The Service may contain a chat or other interactive feature in which you may communicate directly with other Users by sending messages ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas. Trench is not liable for any statements, representations or content provided by its Users in such Interactive Area or anywhere through the Service. Any use of the Interactive Areas or other portions of the Service in violation of the foregoing restrictions specified in these Terms, constitutes violation of these Terms and may result in termination or suspension of your rights to use the Interactive Areas and/or the Service.Enforcement
If we become aware of a User’s violation of this Agreement, including the rights of any third party, we may take certain remedial steps, including refusing access to the Service to any person or entity and we may change eligibility requirements at any time. If we become aware that any of our Users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that User’s access to the Service. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion. Such acts may include removing or modifying your User Content, terminating your access to the Service (which includes your Account), legal action and/or reporting you to law enforcement authorities. If Trench elects to modify User Content, Trench nonetheless assumes no responsibility for the User Content. Trench reserves the right to investigate suspected violations of this Agreement, including without limitation, any violation arising from any User Content (including unsolicited or invited submissions), postings or messages you make on or send through the Service. Trench may seek to gather information from the User who is suspected of violating this Agreement and from any other User. Trench may suspend any Users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Trench believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, remove the material permanently, warn Users, suspend Users and passwords, terminate Accounts, or take other corrective action it deems appropriate. Trench may cooperate with law enforcement authorities or court order requesting or directing Trench to disclose the identity of its Users. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS TRENCH (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TRENCH (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TRENCH OR LAW ENFORCEMENT AUTHORITIES.Availability of and Modification to the Service
We do not guarantee that the Services will be available at all times. We may change, modify, edit, suspend, discontinue or otherwise manipulate the Service or any part or feature of the Service at any time with or without notice to you. You agree that Trench will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.RELEASES
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE SERVICE, YOU RELEASE TRENCH (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS) FROM CLAIMS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES AND DAMAGES (ACTUAL AND CONSEQUENTIAL OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES). IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) TO THE EXTENT PERMITTED BY APPLICABLE LAW THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.Indemnity
You agree to indemnify and hold Trench (and its affiliates and its and their officers, directors, employees, contractors, and agents) harmless, including costs and reasonable attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Trench reserves 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. You agree not to settle any matter related to this Agreement or use of the Service without the prior written consent of Trench. Trench will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.Disclaimers
THE SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE DIGITAL SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. TRENCH ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU USE THE SERVICE OR ANY PART THEREOF, YOU DO SO AT YOUR SOLE RISK. TRENCH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, OR OTHER CONTENT ON THE SERVICE OR ANY ONLINE SERVICES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL TRENCH BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE, ANY CONTENT POSTED ON OR THROUGH THE SERVICE, OR CONDUCT OF ANY USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. YOU USE THE SERVICE AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Third Party Services and Ads
The Service might contain links to third-party websites, apps or other services (e.g., social media platforms like Facebook), and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services and Ads are not under the control of Trench and Trench is not responsible for any Third-Party Services and Ads. Trench provides these Third-Party Services and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party's terms and policies apply, including the third party's privacy policies.Third Party Affiliate Marketing
We may participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.Termination
Trench may, in its sole discretion, terminate your password, Account or any part of your use of the Service, or remove and discard any User Content or information stored, sent, or received via the Service without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Service, (ii) any unauthorized access or use of the Service, (iii) any violation of this Agreement, or (iv) tampering with or alteration of any of the software, data files, and/or content contained in or accessed through, the Service. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of this Agreement or your access rights to the Service shall not affect any right or relief to which Trench may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Trench and its licensors and all rights granted by you to Trench shall survive in perpetuity.
Notwithstanding any termination, suspension, or cancellation of this Agreement or your access rights to the Services, all provisions of this Agreement which by their nature should survive termination of this Agreement shall survive in perpetuity.Entire Agreement
This Agreement (including the Privacy Notice) constitutes the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.Changes to this Agreement
We may revise, prospectively, this Agreement by posting an updated version on the Service. You consent and agree to receive notices of updates to this Agreement through our posting of an updated Agreement on the Service. You should visit this page or section regularly to review the current version of the Agreement. Your continued use of the Service will be deemed as irrevocable acceptance of any revisions.Dispute Resolution (Arbitration Clause and Class Action Waiver)
Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and Trench arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Service or any part thereof.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND TRENCH ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TRENCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA“), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Trench must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place New York, NY. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.No Waiver
No failure or delay by Trench in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.Governing Law
This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.Copyright Infringement Claims Policy
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Digital Services have designated an agent to receive notices of claims of copyright infringement: team@trench.fashion. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We have a policy of terminating access to our Service of any user who repeatedly infringes the proprietary rights of any third party.
Contact Us
If you have any questions concerning the Terms, please send us an e-mail at team@trench.fashion .Apple App Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using our App from the Apple App Store (an “Apple App”). To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apple Apps from the Apple App Store.Acknowledgement: Trench and you acknowledge that this Agreement is concluded between Trench and you only, and not with Apple, and Trench, not Apple, is solely responsible for the Apple App and the content thereof. To the extent this Agreement provides for usage rules for Apple App that are less restrictive than the usage rules set forth for the Apple App in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies (which you acknowledge that you have reviewed).
Scope of License: The license granted to you for the Apple App is limited to a non-transferable license to use the Apple App on an iOS Product that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
Maintenance and Support: Trench is solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in this Agreement (if any), or as required under applicable law. Trench and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
Warranty: Trench is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Trench's sole responsibility.
Product Claims: Trench and you acknowledge that Trench, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple App or your possession and/or use of the Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Trench's liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: Trench and you acknowledge that, in the event of any third-party claim that the Apple App or your possession and use of the Apple App infringes that third party's intellectual property rights, Trench, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: Trench's contact information for any end-user questions, complaints or claims with respect to the Apple App is: Trench at 300 W. 57th Street, NY, NY 10019 or email team@trench.fashion.
Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Apple App.
Third-Party Beneficiary: Trench and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
Trench Privacy Notice
Effective date: September 3, 2018
This Privacy Notice applies to the Trench mobile application (the “App”), the website available at https://www.trench.fashion/ (the “Site”) and related services (the Site, App and related services are collectively referred to as the “Trench Services”) linking to this Privacy Notice and owned or operated by Trench Girls Ltd. (“we”, “us”, “our” or “Trench”). This Privacy Notice describes the privacy practices of Trench only and does not cover the practices of other companies, including those that may advertise or sponsor products, content or services on the Trench Services.
What Personal Information We Obtain
Information Obtained From or About YouWhen you use the Trench Services, we obtain your personal information and other data related to your use of the Trench Services. To use our fashion marketplace, you will need to create an account and provide us with certain information. The personal information we obtain from or about you may include details such as:
Contact information (e.g., name, mailing address, email address or phone number).
Account information, which may include information from your Facebook or other account you use to sign in or link up.
Demographic and interests information (e.g., age, gender and fashion preferences).
Comments, photos, videos and other content or information you choose to publish on the Trench Services or otherwise share with us.
Information you provide when you choose to participate in surveys, polls, sweepstakes, contests or promotions (including information about your participation in activities that may generate loyalty or rewards points or Diamonds (defined below)).
Location information, which may include precise location information when you permit the Trench Services to access device location. To prevent the collection of precise location information, please refer to instructions provided by your mobile service provider or device manufacturer.
Other information you may allow us to access through your device’s permissions settings, such as your contacts or address book.
Transactional and activity information (e.g., items traded, Diamonds balance).
You may not be able to use certain features of the Trench Services if you choose not to submit the requested information.
Payment Processing
The fashion marketplace available through the App operates using a token currency (“Diamonds”). You cannot make payments for items in the App using currency other than Diamonds. However, payment information may be obtained to process subscription fee and shipping requests made through the App. We use a third party to process these payments which directly obtains and handles your credit card and other payment information (e.g., payment card number, expiration date and billing information).
Information automatically collected
When you use the Trench Services, we and our service providers may automatically collect certain technical information from your browser or mobile device, including through cookies, log files and other technologies. We may use cookies to improve your experience with the Trench Services, by, for example, allowing you to stay logged in, saving your preferences and improving the offerings on our Site and App. We may also use cookies to collect aggregate information about our users. The information collected for these purposes may include your IP address, browser or device information and other information collected by automated means. If you don't want cookies, most web browsers include an option that allows you to not accept them. However, if you set your browser to refuse cookies, some portions of the Site or App may not function correctly. Trench does not currently take steps to respond to browsers “Do Not Track” signals as no uniform standard to respond to such signals has been developed at this time.
Information we obtain from other sources
We receive information about you from other sources and it may be combined with other information about you. For example, we may obtain data from social media platforms. When you engage with Trench on social media platforms, or interact with features on the Trench Services that contain content or features provided by social media platforms (e.g., login features or tools that allow you to share with others on social media platforms), we may obtain information from social media platforms, including your username, user ID, profile photo, photos, demographic information and other information, subject to the settings and privacy practices of the relevant social media platform.
Information you give us about others
Depending on the feature you choose to use, you may give us personal information about other people, such as the name and email of a friend or contact. Do not give us information about others unless you have their permission to do so. We will use their information for the purposes described in this Privacy Notice.
How We Use Personal Information We Obtain
We receive information about you from other sources and it may be combined with other information about you. For example, we may obtain data from social media platforms. When you engage with Trench on social media platforms, or interact with features on the Trench Services that contain content or features provided by social media platforms (e.g., login features or tools that allow you to share with others on social media platforms), we may obtain information from social media platforms, including your username, user ID, profile photo, photos, demographic information and other information, subject to the settings and privacy practices of the relevant social media platform.Information you give us about others
Depending on the feature you choose to use, you may give us personal information about other people, such as the name and email of a friend or contact. Do not give us information about others unless you have their permission to do so. We will use their information for the purposes described in this Privacy Notice.
How We Use Personal Information We Obtain
We use your personal information and other data for a number of purposes, including:
To provide you with the Trench Services, including enabling you to add or trade items in the fashion marketplace.
To communicate with you about the Trench Services, including to provide you with updates about your transactions and other informational messages, to respond to your inquiries or requests, to communicate about or administer your participation in a survey, sweepstakes, contest, promotion, event or other initiative, and to deliver you marketing and promotional communications.
To process your payments.
To analyze interactions, generate statistics and develop insights into products and brands traded on the Trench Services, as well as other insights into users activities, interests and preferences.
To improve the Trench Services and customize your experience.
To develop, manage and conduct advertising and marketing campaigns, promotions and offers.
To protect our rights and the rights of others, by detecting, preventing and responding to fraud or potentially illegal activities, misuse of the Trench Services, intellectual property infringement or other violations of law, this Privacy Notice, our Terms of Use or other Trench policies, as well as to comply with and enforce applicable legal requirements and fulfil our contractual obligations.
Interest-Based AdvertisingOn the Trench Services, we and third parties may collect information about your online activities to provide you with advertising about services or products tailored to your interests. You may see certain ads on the Site, App and other websites because we or such third parties participate in advertising networks. Ad networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs and web beacons. The information ad networks may collect includes information about your visits to websites that participate in the relevant advertising networks. This data collection takes place both on the Trench Services and on third-party websites or apps that participate in the ad networks. This process allows us and third parties to deliver more tailored advertising. In addition, it helps us track the effectiveness of our marketing and advertising efforts. To learn how to opt out of this ad network interest-based advertising, see http://www.aboutads.info.
Application and Acceptance of this Agreement
Trench Girls, Ltd. (“Trench", or the "Company", "we", "our", “us”) welcomes you (the "User", or "you") to our service known as "Trench" which is an app based social platform (the "App") which enables Users to trade fashion items with fellow Users in exchange for an invented digital currency that exists and can only be used within the Trench App called “Diamond” (Diamond, together with the App and Content (as defined below) the "Service(s)") These Terms of Use along with our Privacy Notice and any additional guidelines, terms, procedures or rules that we may apply to a specific feature of the Service are a contract in electronic form between you and the Company (the “Agreement” or the “Terms”). This Agreement sets forth the legally binding terms governing your access and use of Service. By entering, connecting to, accessing or using the Service, and/or by installing the App on your device, you acknowledge that you have read and understood the Terms and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service and you acknowledge that these Terms constitute a binding and enforceable legal contract between Trench and you.
Description of Service; Use of Diamonds
Our Service offers Users a unique on-line social platform that allows Users to trade (by offering for sale or purchasing) fashion items solely in exchange for Diamonds. When you offer your fashion items for sale to other Users you will specify the price of your items in Diamonds. Other Users then may either purchase your items for your offered price or offer a different Diamond price for such item. Each User earns Diamonds through the sale of his/her own fashion items the service or gain them from Trench as an award. As Diamonds are a digital currency that can only be used within Trench, Diamonds are not a legal tender, debt or obligation and cannot be bought or sold for actual currency.
Users may either elect to receive their purchased items via shipment from the seller or can coordinate an pick-up with the seller directly.
The Service may provide you with additional resources such as FAQ and support and may include other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Service, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Service (collectively, the “Content”).
Privacy Notice
In connection with your access to or use of the Services, we may obtain information from or about you. We will use your information in accordance with our Privacy Notice, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Notice. The Privacy Notice is incorporated into this Agreement by reference and forms an essential part of the Agreement.
Accuracy of Your Information
The information you submit to us through the Service, including as part of your account creation, registration or membership, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the Service.
Age Eligibility and Legal Capacity
The Service is available only to individuals who are at least thirteen (13) years old and possess the legal capacity to enter into this Agreement under applicable law, or have received consent from their legal guardian to enter into Agreement. By accessing the Service, you represent that you are at least thirteen (13) years old and that you either possess the legal authority to enter into this Agreement and to fully perform your obligations hereunder. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Services; if your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use the Services. In the event that it comes to our knowledge that a person under the age of thirteen (13) is using the Service, we will prohibit and block such User from accessing or using the Service.
Account, Username, Password and Other Credentials; Account Cancellation
In order to use the Service you must download the App from a mobile application marketplace. You will be required to open an account in order to use the Service (an “Account“). You may also register for the Service by using your existing Facebook account information. Usage of your Trench Account is personal, and each User cannot hold more than one account, or allow others to access their account. You are responsible for maintaining the confidentiality of your username, password and other credentials (your “Credentials”) that you may be asked to create to access the Services or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify Trench of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.
If we in good faith believe you have created an Account impersonating another person, we may suspend or terminate such Account, refuse you access to such account, and terminate your use of the Service. In addition, any creation or use of any such fraudulent Account may expose you to civil and/or criminal liability. You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Trench.
If you wish to either change your username or password to log-in to the Service, or cancel and remove your Account, you may use the settings menus or you can send us an e-mail of your request to the support e-mail address which appears in the App. Your Account will terminate within a reasonable period of time following your request, and from that date of termination you will no longer be able to access your Account. CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED TO US. TRENCH DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Your Conduct and Responsible Use of the Services
Your access to and use of the Service is subject to the following restrictions. Failure to comply with any of the terms of this Agreement may result in our, at Trench’s sole discretion, suspending, terminating, or refusing you access to the Service, and may also expose you to civil and/or criminal liability. You may not and may not have others on your behalf:
use the Service for any illegal, immoral, unlawful, or unauthorized purposes;
use the Service and/or User Content (as defined below) for non-personal or commercial purposes without Trench's express prior written consent;
remove or disassociate, from the Service or any aspect of it any restrictions and signs indicating proprietary rights of Trench or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®);
interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information;
interfere with or disrupt the operation of the Service or the servers or networks that host the Service, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks;
impersonate any person or entity, including, but not limited to, any Trench representative, or falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely state or imply that Trench or any of its representatives endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Service;
take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us;
bypass any measures we may use to prevent or restrict access to the Service;
copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Trench on or through the App and/or Services, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms;
copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Trench's proprietary rights, including Trench's Intellectual Property (as defined below), in any way or by any means;
make any use of the Content on any other site or networked computer environment for any purpose without Trench’s prior written consent;
create a browser or border environment around Trench Content (no frames or inline linking is allowed);
sell, license, or exploit for any commercial purposes any use of or access to the Service or any of its parts or to the User Content;
create a database by systematically downloading and storing all or any of the Content or User Content from the Service;
transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; or
infringe and/or violate any of the other terms of this Agreement.
Offer and Exchange of Items on Trench
You hereby represent and warrant that each fashion item offered by you for sale through the Service is owned by you, or that you are otherwise permitted to sell it to other Users through the Service. In addition, you hereby represent and warrant that any fashion item offered by you for sale through the Service does not infringe third party rights (including without limitation, intellectual property rights, consumer rights, etc.) or violate applicable laws or regulations. TRENCH IS ONLY FOR FASHION CLOTHING AND ACCESSORIES. TRENCH DOES NOT PERMIT THE SALE OF NEW, USED, UNUSED, CLOSED OR OPEN COSMETIC OR BEAUTY PRODUCTS OF ANY KIND. TRENCH WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH A USER’S USE OF COSMETIC OR BEATY PRODUCT PURCHASED ON TRENCH. AND YOU SHALL INDEMNIFY TRENCH FOR ANY CLAIMS ARISING FROM OR RELATED TO ANY COSMETIC OR BEAUTY PRODUCT THAT YOU OFFER FOR SALE THROUGH THE SERVICE. TRENCH RESERVES THE RIGHT TO REMOVE ANY SUCH ITEMS THAT DO NOT FOLLOW THESE RESTRICTIONS.
EXCEPT AS DESCRIBED BELOW, TRENCH MERELY COORDINATES BETWEEN USERS IN ORDER TO FACILITATE THE SALE OF FASHION ITEMS IN EXCHANGE FOR DIAMONDS. TRENCH DOES NOT OWN, SELL, CONTROL, MANAGE, ENDORSE, OR SPONSOR AND OF THE FASHION ITEMS ON TRENCH, AND IS A PARTY TO ANY OF THE TRADING ACTIVITIES, OFFERS, OR INITIATIVES PROVIDED BY USERS THROUGH THE SERVICE. TRENCH SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH THE EXCHANGE OF FASHION ITEMS WITH OTHER USERS. TRENCH TAKES NO PART IN DELIVERING PURCHASED ITEMS TO USERS AND DOES NOT GUARANTEE THE DELIVERY OF FASHION ITEMS FROM ONE USER TO ANOTHER. YOU ACKNOWLEDGE AND AGREE THAT TRENCH DOES NOT HAVE ANY OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE WITH WHOM YOU INTERACT, PARTICULARLY IF YOU CHOOSE TO PURCHASE THEIR FASHION ITEMS OR MEET THEM IN PERSON. YOU ARE SOLELY RESPONSIBLE FOR SUCH COMMUNICATIONS AND INTERACTIONS AND EACH USER IS RESPONSIBLE FOR HIS/HER OWN SAFETY. ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SERVICE ARE RESERVED TO TRENCH OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICE AND ALL OF ITS COMPONENTS ARE PROVIDED ON AN "AS IS" BASIS. YOUR USE OF THE SERVICE AND USER CONTENT IS ENTIRELY AT YOUR OWN RISK.
FROM TIME TO TIME, TRENCH MAY SELL FASHION ITEMS THROUGH THE APP (“TRENCH ITEMS”). SUCH TRENCH ITEMS ARE BEING OFFERED AND SOLD TO USERS ON AN “AS IS,” “WHERE IS” BASIS. TRENCH EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AS IT RELATES TO SUCH TRENCH ITEMS.
Taxes
It is your responsibility to determine what, if any taxes may apply to the transactions you complete through your use of the Service and it is your responsibility to report and remit the appropriate tax to the relevant taxing authorities. You agree that Trench is not responsible for determining whether taxes apply to the transactions through the Service. To the extent that any tax applicable to your transactions through the Service is charged to Trench, you agree to fully indemnify Trench and reimburse it for such charges. You certify that any information provided by you to Trench is accurate and consent to Trench using such information as is necessary to fulfill Trench’s federal, state and local tax payment or withholding purposes and tax filing obligations.
Intellectual and Other Proprietary Rights
The App, the Content and Trench's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (excluding the User Content) (collectively, “Intellectual Property”), are owned by and/or licensed to Trench and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Trench and its licensors. Subject to the terms hereof, Trench hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to download and use the App on your authorized mobile phone, device or tablet that you own or control, solely for the limited purpose of using the Service for your internal non-commercial use, and for no other purpose, strictly in accordance with the terms of this Agreement and applicable law. The Terms do not convey to you an interest in or to the Trench Intellectual Property but only a limited revocable right of use in accordance with these Terms.To the extent you provide any feedback, comments or suggestions to Trench regarding the Service (“Feedback“), Trench shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Trench current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Trench to comply with any additional obligations with respect to any Trench current or future products, technologies or services that incorporate any Feedback.
Trademark Information
“Trench”, “Diamond” and any other Trench trademarks, logos and proprietary identifiers used by Trench in connection with the Service (“Trench Trademarks”) are all trademarks and/or trade names of Trench, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Service belong to their respective owners (“Third Party Marks”). No right, license, or interest to Trench Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and you will not use any of those marks, except as permitted herein or as may be permitted by the owners of such Third Party Marks.Availability
The Services' availability and functionality depends on various factors, such as communication networks, software, hardware, service providers and contractors of Trench or other third parties. Trench does not warrant or guarantee that the Service will operate or be available at all times without disruption or interruption, or that it will be error-free or safe from unauthorized access.User Content
“User Content” means any and all information and content that a User submits to, or uses with, the Service (e.g., photos, audio, video, messages, text, files, or other content you provide us), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Trench. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will Trench be liable for any inaccuracy or defect in any User Content.You expressly agree that the User Content will not include any unsolicited promotions, advertising, contests or raffles. You agree that you will not post or upload, publish or transmit any User Content which is, among other things and without limitation, unlawful, defamatory, libelous, offensive, obscene, pornographic, indecent, harassing, threatening, abusive, fraudulent, impersonates another, contains hate speech, encourages criminal conduct, gives rise to civil liability or is otherwise inappropriate (collectively, "Prohibited Content"). Although Trench has no obligation to screen, edit or monitor any of the User Content, Trench explicitly reserves the right, in its sole discretion, to remove or edit, without giving any prior notice, any User Content available on or through the Service at any time and for any reason, and you are solely responsible for creating backup copies of your User Content at your sole expense.
You hereby grant, and you represent and warrant that you have the right to grant, to Trench an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users of the Service are solely between you and such User. You agree that Trench will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User, we are under no obligation to become involved. Trench has no obligation to monitor or delete any User Content.
PLEASE NOTE THAT USER CONTENT YOU UPLOAD, PUBLISH OR SHARE MAY REMAIN IN TRENCH'S ARCHIVES AFTER TERMINATION OF THE ACCOUNT OR AFTER ITS DELETION FROM THE ACCOUNT, SO AS TO ALLOW TRENCH TO USE IT FOR THE PURPOSES SPECIFIED IN THIS SECTION.
User Submissions
Unsolicited Submissions: You agree that we may use information/User Content you provide us through the Service, emails, forums, polls, social media (including tagging) or through any other User generated submission, and may use your name and any stories you provide us in the App and the Service or in our publications, advertising or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. Trench can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Service or our publications, advertising or sponsored content.
Invited Submissions: From time to time, Trench may expressly request submissions of potential content from you (“Invited Submissions “). Please carefully read any specific rules or other terms and conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the submissions and may affect your legal rights. If no such additional terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to through the Service.Chat Feature and Other Interactive Areas
The Service may contain a chat or other interactive feature in which you may communicate directly with other Users by sending messages ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas. Trench is not liable for any statements, representations or content provided by its Users in such Interactive Area or anywhere through the Service. Any use of the Interactive Areas or other portions of the Service in violation of the foregoing restrictions specified in these Terms, constitutes violation of these Terms and may result in termination or suspension of your rights to use the Interactive Areas and/or the Service.Enforcement
If we become aware of a User’s violation of this Agreement, including the rights of any third party, we may take certain remedial steps, including refusing access to the Service to any person or entity and we may change eligibility requirements at any time. If we become aware that any of our Users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that User’s access to the Service. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion. Such acts may include removing or modifying your User Content, terminating your access to the Service (which includes your Account), legal action and/or reporting you to law enforcement authorities. If Trench elects to modify User Content, Trench nonetheless assumes no responsibility for the User Content. Trench reserves the right to investigate suspected violations of this Agreement, including without limitation, any violation arising from any User Content (including unsolicited or invited submissions), postings or messages you make on or send through the Service. Trench may seek to gather information from the User who is suspected of violating this Agreement and from any other User. Trench may suspend any Users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Trench believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, remove the material permanently, warn Users, suspend Users and passwords, terminate Accounts, or take other corrective action it deems appropriate. Trench may cooperate with law enforcement authorities or court order requesting or directing Trench to disclose the identity of its Users. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS TRENCH (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TRENCH (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TRENCH OR LAW ENFORCEMENT AUTHORITIES.Availability of and Modification to the Service
We do not guarantee that the Services will be available at all times. We may change, modify, edit, suspend, discontinue or otherwise manipulate the Service or any part or feature of the Service at any time with or without notice to you. You agree that Trench will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.RELEASES
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE SERVICE, YOU RELEASE TRENCH (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS) FROM CLAIMS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES AND DAMAGES (ACTUAL AND CONSEQUENTIAL OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES). IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) TO THE EXTENT PERMITTED BY APPLICABLE LAW THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.Indemnity
You agree to indemnify and hold Trench (and its affiliates and its and their officers, directors, employees, contractors, and agents) harmless, including costs and reasonable attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Trench reserves 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. You agree not to settle any matter related to this Agreement or use of the Service without the prior written consent of Trench. Trench will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.Disclaimers
THE SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE DIGITAL SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. TRENCH ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU USE THE SERVICE OR ANY PART THEREOF, YOU DO SO AT YOUR SOLE RISK. TRENCH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, OR OTHER CONTENT ON THE SERVICE OR ANY ONLINE SERVICES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL TRENCH BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE, ANY CONTENT POSTED ON OR THROUGH THE SERVICE, OR CONDUCT OF ANY USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. YOU USE THE SERVICE AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Third Party Services and Ads
The Service might contain links to third-party websites, apps or other services (e.g., social media platforms like Facebook), and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services and Ads are not under the control of Trench and Trench is not responsible for any Third-Party Services and Ads. Trench provides these Third-Party Services and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party's terms and policies apply, including the third party's privacy policies.Third Party Affiliate Marketing
We may participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.Termination
Trench may, in its sole discretion, terminate your password, Account or any part of your use of the Service, or remove and discard any User Content or information stored, sent, or received via the Service without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Service, (ii) any unauthorized access or use of the Service, (iii) any violation of this Agreement, or (iv) tampering with or alteration of any of the software, data files, and/or content contained in or accessed through, the Service. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of this Agreement or your access rights to the Service shall not affect any right or relief to which Trench may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Trench and its licensors and all rights granted by you to Trench shall survive in perpetuity.
Notwithstanding any termination, suspension, or cancellation of this Agreement or your access rights to the Services, all provisions of this Agreement which by their nature should survive termination of this Agreement shall survive in perpetuity.Entire Agreement
This Agreement (including the Privacy Notice) constitutes the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.Changes to this Agreement
We may revise, prospectively, this Agreement by posting an updated version on the Service. You consent and agree to receive notices of updates to this Agreement through our posting of an updated Agreement on the Service. You should visit this page or section regularly to review the current version of the Agreement. Your continued use of the Service will be deemed as irrevocable acceptance of any revisions.Dispute Resolution (Arbitration Clause and Class Action Waiver)
Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and Trench arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Service or any part thereof.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND TRENCH ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TRENCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA“), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Trench must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place New York, NY. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.No Waiver
No failure or delay by Trench in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.Governing Law
This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction.Copyright Infringement Claims Policy
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Digital Services have designated an agent to receive notices of claims of copyright infringement: team@trench.fashion. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We have a policy of terminating access to our Service of any user who repeatedly infringes the proprietary rights of any third party.
Contact Us
If you have any questions concerning the Terms, please send us an e-mail at team@trench.fashion .Apple App Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using our App from the Apple App Store (an “Apple App”). To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apple Apps from the Apple App Store.Acknowledgement: Trench and you acknowledge that this Agreement is concluded between Trench and you only, and not with Apple, and Trench, not Apple, is solely responsible for the Apple App and the content thereof. To the extent this Agreement provides for usage rules for Apple App that are less restrictive than the usage rules set forth for the Apple App in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies (which you acknowledge that you have reviewed).
Scope of License: The license granted to you for the Apple App is limited to a non-transferable license to use the Apple App on an iOS Product that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
Maintenance and Support: Trench is solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in this Agreement (if any), or as required under applicable law. Trench and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
Warranty: Trench is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Trench's sole responsibility.
Product Claims: Trench and you acknowledge that Trench, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple App or your possession and/or use of the Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Trench's liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: Trench and you acknowledge that, in the event of any third-party claim that the Apple App or your possession and use of the Apple App infringes that third party's intellectual property rights, Trench, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: Trench's contact information for any end-user questions, complaints or claims with respect to the Apple App is: Trench at 300 W. 57th Street, NY, NY 10019 or email team@trench.fashion.
Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Apple App.
Third-Party Beneficiary: Trench and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
Trench Privacy Notice
Effective date: September 3, 2018
This Privacy Notice applies to the Trench mobile application (the “App”), the website available at https://www.trench.fashion/ (the “Site”) and related services (the Site, App and related services are collectively referred to as the “Trench Services”) linking to this Privacy Notice and owned or operated by Trench Girls Ltd. (“we”, “us”, “our” or “Trench”). This Privacy Notice describes the privacy practices of Trench only and does not cover the practices of other companies, including those that may advertise or sponsor products, content or services on the Trench Services.
What Personal Information We Obtain
Information Obtained From or About YouWhen you use the Trench Services, we obtain your personal information and other data related to your use of the Trench Services. To use our fashion marketplace, you will need to create an account and provide us with certain information. The personal information we obtain from or about you may include details such as:
Contact information (e.g., name, mailing address, email address or phone number).
Account information, which may include information from your Facebook or other account you use to sign in or link up.
Demographic and interests information (e.g., age, gender and fashion preferences).
Comments, photos, videos and other content or information you choose to publish on the Trench Services or otherwise share with us.
Information you provide when you choose to participate in surveys, polls, sweepstakes, contests or promotions (including information about your participation in activities that may generate loyalty or rewards points or Diamonds (defined below)).
Location information, which may include precise location information when you permit the Trench Services to access device location. To prevent the collection of precise location information, please refer to instructions provided by your mobile service provider or device manufacturer.
Other information you may allow us to access through your device’s permissions settings, such as your contacts or address book.
Transactional and activity information (e.g., items traded, Diamonds balance).
You may not be able to use certain features of the Trench Services if you choose not to submit the requested information.
Payment Processing
The fashion marketplace available through the App operates using a token currency (“Diamonds”). You cannot make payments for items in the App using currency other than Diamonds. However, payment information may be obtained to process subscription fee and shipping requests made through the App. We use a third party to process these payments which directly obtains and handles your credit card and other payment information (e.g., payment card number, expiration date and billing information).
Information automatically collected
When you use the Trench Services, we and our service providers may automatically collect certain technical information from your browser or mobile device, including through cookies, log files and other technologies. We may use cookies to improve your experience with the Trench Services, by, for example, allowing you to stay logged in, saving your preferences and improving the offerings on our Site and App. We may also use cookies to collect aggregate information about our users. The information collected for these purposes may include your IP address, browser or device information and other information collected by automated means. If you don't want cookies, most web browsers include an option that allows you to not accept them. However, if you set your browser to refuse cookies, some portions of the Site or App may not function correctly. Trench does not currently take steps to respond to browsers “Do Not Track” signals as no uniform standard to respond to such signals has been developed at this time.
Information we obtain from other sources
We receive information about you from other sources and it may be combined with other information about you. For example, we may obtain data from social media platforms. When you engage with Trench on social media platforms, or interact with features on the Trench Services that contain content or features provided by social media platforms (e.g., login features or tools that allow you to share with others on social media platforms), we may obtain information from social media platforms, including your username, user ID, profile photo, photos, demographic information and other information, subject to the settings and privacy practices of the relevant social media platform.
Information you give us about others
Depending on the feature you choose to use, you may give us personal information about other people, such as the name and email of a friend or contact. Do not give us information about others unless you have their permission to do so. We will use their information for the purposes described in this Privacy Notice.
How We Use Personal Information We Obtain
We receive information about you from other sources and it may be combined with other information about you. For example, we may obtain data from social media platforms. When you engage with Trench on social media platforms, or interact with features on the Trench Services that contain content or features provided by social media platforms (e.g., login features or tools that allow you to share with others on social media platforms), we may obtain information from social media platforms, including your username, user ID, profile photo, photos, demographic information and other information, subject to the settings and privacy practices of the relevant social media platform.Information you give us about others
Depending on the feature you choose to use, you may give us personal information about other people, such as the name and email of a friend or contact. Do not give us information about others unless you have their permission to do so. We will use their information for the purposes described in this Privacy Notice.
How We Use Personal Information We Obtain
We use your personal information and other data for a number of purposes, including:
To provide you with the Trench Services, including enabling you to add or trade items in the fashion marketplace.
To communicate with you about the Trench Services, including to provide you with updates about your transactions and other informational messages, to respond to your inquiries or requests, to communicate about or administer your participation in a survey, sweepstakes, contest, promotion, event or other initiative, and to deliver you marketing and promotional communications.
To process your payments.
To analyze interactions, generate statistics and develop insights into products and brands traded on the Trench Services, as well as other insights into users activities, interests and preferences.
To improve the Trench Services and customize your experience.
To develop, manage and conduct advertising and marketing campaigns, promotions and offers.
To protect our rights and the rights of others, by detecting, preventing and responding to fraud or potentially illegal activities, misuse of the Trench Services, intellectual property infringement or other violations of law, this Privacy Notice, our Terms of Use or other Trench policies, as well as to comply with and enforce applicable legal requirements and fulfil our contractual obligations.
Interest-Based AdvertisingOn the Trench Services, we and third parties may collect information about your online activities to provide you with advertising about services or products tailored to your interests. You may see certain ads on the Site, App and other websites because we or such third parties participate in advertising networks. Ad networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs and web beacons. The information ad networks may collect includes information about your visits to websites that participate in the relevant advertising networks. This data collection takes place both on the Trench Services and on third-party websites or apps that participate in the ad networks. This process allows us and third parties to deliver more tailored advertising. In addition, it helps us track the effectiveness of our marketing and advertising efforts. To learn how to opt out of this ad network interest-based advertising, see http://www.aboutads.info.
To limit interest-based advertising on your mobile device, you can review and adjust the settings provided by your device manufacturer, such as “Limit Ad Tracking” for iOS. You can also download the “AppChoices” application provided by the Digital Advertising Alliance (DAA) from your app store. AppChoices offers a mechanism to limit the collection of app data used for interest-based ads by participating companies. See http://youradchoices.com/appchoices for more information.
How We Share Personal InformationWe may share the personal information and other data we obtain with:
Our affiliates;
Service providers that perform services on our behalf, including payment processors, email service providers and advertising and marketing service providers;
Social media platforms;
Our business partners, sponsors, advertising and brands whose products may be featured as part of the Trench Services;
Other parties when required by law or as necessary to protect our rights. We may share your information as we believe is necessary or appropriate to protect, enforce, or defend our legal rights, the privacy or safety of our employees, users of the Trench Services or other individuals and entities, or to comply with or enforce applicable industry standards, law or legal process, including responding to court orders, warrants, subpoenas and other requests from public and government authorities;
We reserve the right to transfer any of the information we have about you to proceed with the consideration, negotiation, or completion of a sale or transfer of all or a portion of our business or assets to a third party, such as in the event of a merger, acquisition or other disposition, or in connection with a bankruptcy reorganization, dissolution, or liquidation; and
With your consent or otherwise at your direction.
Your Choices
Within the App, you can access your profile to update your profile photo, payment information, addresses and view your activity. If you wish to opt out of marketing or promotional email communications from us, please do so by clicking on the unsubscribe link in our emails.
How We Protect Your Personal Information
We maintain reasonable administrative, technical and physical safeguards to protect the personal information we obtain through the Trench Services. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we make reasonable efforts to protect your personal information, we cannot guarantee its absolute security.
Third-Party Links and Features
The Trench Services may contain links to third-party websites, mobile apps or features, including through social media features and widgets on our website. Trench is not responsible for the collection or use of your information by such third parties. We encourage you to review the privacy policies or other similar statements applicable to third-party websites, mobile apps or features.
Non-U.S. Visitors
We operate the Trench Services from the United States. Any information we obtain about you in connection with your use of the Trench Services may be processed and stored in the United States or other countries.
Children’s Information
The Trench Services are not directed to, nor does Trench knowingly collect personal information from, children under the age of 13. If you become aware that your child or any child under your care has provided us with information without your consent, please contact us as indicated below.
Changes to this Privacy Notice
We may update this Privacy Notice from time to time to reflect changes in our privacy practices or applicable laws. We may, as permitted by law, make such changes without prior notice. We will publish the updated version on the Trench Services and indicate at the top of the Privacy Notice when it was most recently updated. Your use of the Trench Services will be governed by the current version of the Privacy Notice.
Contact Us
If you have any questions about this Privacy Notice or, in accordance with applicable laws, you would like to review or request changes to the information collected in connection with your use of the Trench Services, please contact us at team@trenchapp.com.