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TERMS OF SERVICE

Last Updated: 9 October 2024

This website, Dressxme.com, is operated by More Dash Inc (“MoreDash,” “we,” “us,” or “our”). These Terms of Service (“Terms of Service” or “Terms”) govern your access to and use of our website(s), App, APIs, and any other software, tools, features, or functionalities provided on or in connection with our services, including accessing AI-generated fashion looks and related features (collectively, the “Service”).

A “Look” refers to a digital fashion item or outfit generated by our AI technology, which can be accessed, saved, or downloaded through your use of the Service. “Products” refers to these AI-generated Looks.

SECTION 1 – ELIGIBILITY

By accessing or using any part of the Service, you agree to be bound by these Terms. You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.

If you are using the Service on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. If you do not agree, you may not use the Service.

Except as set forth in these Terms, or as otherwise approved by us, the Services are for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use.

A breach or violation of any of the Terms will result in the immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse access to or use of the Service to anyone for any reason at any time. You understand that Your Content (as defined below), excluding credit card information, may be transferred unencrypted and involve:

  • Transmissions over various networks;
  • Changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Your Commitments

In return for our commitment to provide the Service, we require you to make the below commitments to us.

Who Can Use DressX

We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the DressX community.

  • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
  • You must not be a convicted sex offender.

Any access to, or use of, the Service by anyone who is under the age of 13 years old is strictly prohibited and in violation of these Terms, unless such access or use is supervised by a parent or legal guardian (“Parent”) who:

  • Has read and understands these Terms;
  • Approves all rights granted, and all obligations undertaken, by you hereunder;
  • Agrees to be bound by these Terms.

If you are a Parent of a user who is under the age of 13 years old, then, by allowing such user to access or use the Service, you are subject to these Terms and responsible for such user’s activity on the Service.

With respect to the Parent of such a user, “you,” as used in these Terms in the context of a license grant, assignment, restriction, obligation, acknowledgment, representation, warranty, or covenant, or in any similar context, means “the Parent, on behalf of the Parent and the user under the age of 13 years old,” and “your” has the corresponding meaning.

The Service is not available to any users we previously removed from the Service.

How You Can’t Use DressX

Providing a safe and open Service for a broad community requires that we all do our part.

  • You don’t have to disclose your identity, but must provide accurate and up-to-date information.
  • You may not impersonate someone else or create an account for another person without permission.
  • You may not violate (or encourage others to violate) these Terms or our policies.
  • You may not create accounts, access, or collect data in unauthorized or automated ways without our permission.
  • You may not buy, sell, or transfer any Service Content or other users’ Content without permission.
  • You may not post private/confidential information or infringe on others’ intellectual property rights.
  • If you provide images of other people, you must have rights to use them and assume full responsibility for their use.

SECTION 3 – MARKETPLACE TERMS

Products or Services

Products or services may be available online through the Service. They may have limited quantities and are subject to return or exchange only according to our Refund Policy.

Acquiring Our Products

You can acquire our Products through our Service in several ways:

  • By purchasing directly from us on onchain.dressx.com or dressxme.com.
  • By purchasing from other users via the Marketplace.
  • By receiving Products as a gift or promotional transfer from us or another user.

If you choose to purchase Products outside our Marketplace or via platforms like Snapchat, Roblox, or Meta, you do so at your own risk. For a full list of approved platforms, please contact info@dressxme.com.

Characteristics of Our Products

Looks are digital fashion items or outfits that can be applied to your photos using augmented reality. Some Looks may come with associated Digital Collectibles that include unique utilities and scarcity attributes.

We strive to represent the colors and images of Products accurately, but we cannot guarantee how they appear on your specific device.

Reservation of Rights

We reserve the right to:

  • Limit sales to any person, region, or jurisdiction.
  • Limit quantities of Products or services offered.
  • Change Product descriptions or pricing at any time without notice.
  • Discontinue any Product at any time.

Any Product or service offer is void where prohibited. We do not guarantee the quality of Products or Services will meet your expectations, nor that errors will be corrected.

WE DO NOT SHIP PRODUCTS. YOUR PURCHASE IS DIGITAL ONLY. A PHYSICAL ITEM WILL NOT ARRIVE TO YOU AFTER YOUR PURCHASE – OUR PRODUCTS EXIST ONLY DIGITALLY.

SECTION 4 – ASSUMPTION OF RISK

Value of Digital Collectibles

The prices of Digital Collectibles are extremely volatile and subjective and Digital Collectibles have no inherent or intrinsic value. Fluctuations in the price of other Digital Collectibles could materially and adversely affect the value of your Digital Collectibles, which may also be subject to significant price volatility. Each Digital Collectible has no inherent or intrinsic value. We cannot guarantee that any Digital Collectibles purchased will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside of our Marketplace may materially impact the value and desirability of any particular Digital Collectible.

Tax Calculations

You are solely responsible for determining what, if any, taxes apply to your Product-related transactions. We are not responsible for determining the taxes that apply to your transactions in the Marketplace.

Use of Blockchain

The Service does not store, send, or receive Digital Collectibles. This is because Digital Collectibles exist only by virtue of the ownership record maintained on the Service’s supporting blockchain network, Etherium and Polygon. Any transfer of Digital Collectibles must occur within the supporting blockchain network, and not on the Service.

Inherent Risks with Digital Collectibles

There are risks associated with using or purchasing Digital Collectibles, including the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your electronic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Etherium and Polygon, however caused.

Regulatory Uncertainty

The regulatory regime governing blockchain technologies, cryptocurrencies and other Digital Collectibles is uncertain, and new regulations or policies may materially adversely affect the development of our Marketplace, and therefore the potential utility or value of your Digital Collectibles.

SECTION 5 – APP TERMS

Our App provides access to our Service over compatible mobile devices, and is available for download via the Google Play Store and the Apple App Store (each, a “Third-Party App Store”). You may incur mobile data charges from your wireless provider in connection with our App, and you agree that you are solely responsible for any such charges. We do not guarantee that our App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that our App or Service will be available in any particular geographic location.

We grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of our App for your account on one or more mobile devices owned or leased solely by you, solely in accordance with these Terms. You acknowledge that we may from time to time issue upgraded versions of our App and may automatically electronically upgrade the version of our App that you are using on your mobile device. You consent to such automatic upgrading and agree that the terms of these Terms will apply to all such upgrades.

Any third-party code that may be incorporated in our App is covered by our applicable open source or third-party license EULA, if any. This license grant is not a sale. We and our partners retain all rights in the App. Any attempt to transfer rights without our permission is void.

If you acquire our App from a Third-Party App Store:

  • (i) You acknowledge that these Terms are between you and us only, not with such third party;
  • (ii) Your use of the App must comply with such third party’s terms;
  • (iii) The third party only provides the App store;
  • (iv) We are solely responsible for our App;
  • (v) The third party has no liability under these Terms;
  • (vi) The third party is a third-party beneficiary of these Terms related to the App.

SECTION 6 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the Service is not accurate, complete or current. The material is for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, or more timely sources. Any reliance on the material is at your own risk.

This site may contain historical information, which is not current and provided for reference only. We may modify the contents of the Service at any time, but are not obligated to update any information. It is your responsibility to monitor changes.

SECTION 7 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Products are subject to change without notice. We may modify or discontinue the Service (or any part thereof) without notice at any time. We are not liable for any such modification, price change, suspension, or discontinuance.

SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

To purchase Digital Collectibles, you must provide your public blockchain address (your “Crypto Address”). By providing your Crypto Address or creating an account, you agree that transactional info related to your Product Collection may be made publicly available.

We reserve the right to refuse any order. We may limit or cancel orders per person, household, or account. These limits may apply to orders using the same account, card, or billing/shipping address. We may notify you of changes via provided contact info.

You agree to provide accurate purchase and account info and to keep it updated. For more detail, review our Refund Policy.

SECTION 9 – OPTIONAL TOOLS

We may provide access to third-party tools "as is" and "as available" with no warranties or endorsements. We are not liable for your use of such tools. Use of third-party tools is entirely at your own risk and responsibility.

Future services and features may also be subject to these Terms.

SECTION 10 – THIRD-PARTY LINKS

The Service may include materials from third parties. Third-party links may direct you to websites we do not control. We are not responsible for their content or accuracy, and disclaim all liability for third-party websites, services, and transactions.

Review third-party terms and policies before engaging. Complaints or concerns should be directed to the third party.

SECTION 11 – CONTENT; OUTPUT

All material provided through the Service (“Service Content”) is owned by us or our licensors and protected by law. You may not sell, license, modify, distribute, or publicly display any Service Content without our written permission, except for personal informational use.

Your own materials (e.g. files, data, crypto assets, etc.) constitute “Your Content”. You retain ownership of Your Content, unless your account is for a company, in which case we may assume it belongs to that entity.

Some parts of the Service allow users to view and interact with Your Content and Output. You agree to share content responsibly and mark sensitive information as confidential.

You may use Output for lawful purposes (unless restricted by these Terms) but:

  • (i) You do not gain ownership of Service IP;
  • (ii) We may require you to stop using Output if it infringes third-party rights;
  • (iii) You must not claim Output was human-made or use it to train models.

You grant us a perpetual, sublicensable, royalty-free license to use Your Content and Output as needed to provide the Service and for our own lawful purposes, including modification, distribution, and public display.

SECTION 11 – CONTENT RESPONSIBILITY AND RIGHTS

Affirmations and Representations

You affirm, represent, and warrant the following:

  • (a) You have written consent from each identifiable person in Your Content to use their name, voice, and likeness as described;
  • (b) You have obtained all legally required consents to provide Your Content involving third parties;
  • (c) Your Content and Output do not violate any laws or infringe on third-party rights (e.g., intellectual property, privacy);
  • (d) Your Content does not contain sensitive/classified/confidential materials restricted by third-party rights or laws;
  • (e) We can use Your Content without paying residuals, royalties, or union fees;
  • (f) You will not provide personal information of children under 13 (or the digital age of consent);
  • (g) Your Content does not contain nudity, hate speech, harassment, violence, fake profiles, illegal activity, spam, or objectionable content;
  • (h) All Your Content and information you provide is, to the best of your knowledge, truthful and accurate.

Moderation and Ownership

We reserve the right (but are not obligated) to remove Your Content or Output at our sole discretion.

WE CLAIM NO OWNERSHIP RIGHTS OVER YOUR CONTENT. We assume no responsibility or liability for Your Content. You are solely responsible for all consequences of sharing it on the Service. We act only as a passive conduit for your distribution and publication of Your Content.

Intellectual Property Infringement

DRESSX will respond to valid DMCA takedown notices and terminate users who are repeat infringers. If your content has been used in a way that infringes your intellectual property rights, contact us at:

  • Email: hello@dressxme.com
  • Address: 1925 Century Park E, #1700, Los Angeles, California, 90067

To process your claim, you must be the rightsholder or authorized representative. Your notice must include:

  • Identification of the intellectual property being infringed;
  • Identification of the infringing material and its location (URLs);
  • Your contact information (full legal name and email);
  • A declaration stating:
    • You believe in good faith that the use is not authorized by the rights owner, agent, or law;
    • The information is accurate;
    • Under penalty of perjury, you are authorized to act on behalf of the rights owner;
  • Your physical or electronic signature (your full legal name).

Please note: we may forward your notice, including your contact details, to the person whose content is removed to allow resolution of any dispute.

SECTION 12 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Service containing typographical errors, inaccuracies or omissions, including in product descriptions, pricing, offers, or availability. We reserve the right to correct such issues and to update or cancel orders based on inaccurate information at any time, including after submission.

We are not obligated to update or clarify any information on the Service unless required by law. A stated update date does not imply that all information has been modified or is current.

SECTION 14 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service or its content:

  • (a) For any unlawful purpose;
  • (b) To solicit others to perform or participate in any unlawful acts;
  • (c) To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • (d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • (e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • (f) To submit false or misleading information;
  • (g) To upload or transmit viruses or malicious code that may affect the functionality of the Service or any related website, or the Internet;
  • (h) To collect or track the personal information of others;
  • (i) To spam, phish, pharm, pretext, spider, crawl, or scrape;
  • (j) For any obscene or immoral purpose;
  • (k) To interfere with or circumvent the security features of the Service or any related website.

We reserve the right to terminate your access to the Service or any related website for violating any of the prohibited uses.

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

To the maximum extent permitted by applicable law, the Service, the Service Content, and any other information available on or through the Service are provided without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information obtained by you from us will create any warranty not expressly stated herein.

We do not warrant that:

  • Any content is accurate, comprehensive, reliable, or suitable for any purpose;
  • The Service will meet your requirements or be available without interruption or errors;
  • The Service is free from viruses or other harmful components.

Any content obtained through the Service is at your own risk. You will be solely responsible for any damage to your devices or data loss. Some jurisdictions do not allow the exclusion or limitation of certain warranties, so these exclusions may not fully apply to you.

We do not warrant or endorse any third-party product or service offered through the Service or linked platforms. We are not a party to any such transaction.

AI Output & Machine Learning Disclaimer

Due to the nature of machine learning, Output may not be unique across users. The Service may generate the same or similar Output for different users. Output may be inaccurate, inappropriate, or contain hallucinations. You must evaluate the accuracy and appropriateness of the Output for your use, including via human review. We are not liable for damages related to the Output.

Limitation of Liability

In no case shall MoreDash, our directors, officers, employees, affiliates, agents, contractors, suppliers or licensors be liable for any injury, loss, or damages of any kind, including lost profits, data loss, or other incidental or consequential damages, whether based in contract, tort, or otherwise, even if advised of the possibility.

In jurisdictions that do not allow such limitations, our liability will be limited to the maximum extent permitted by law.

Crypto, Blockchain, and Wallets

We are not responsible or liable for losses related to your use of the Etherium and Polygon networks or your crypto wallet, including:

  • (i) User error, such as forgotten passwords or incorrect transactions;
  • (ii) Server failure or data loss;
  • (iii) Corrupted wallet files;
  • (iv) Unauthorized access by third parties (e.g., phishing, hacking, malware).

Digital Collectibles are intangible assets that exist only on the Etherium and Polygon blockchains. All smart contracts occur on those decentralized ledgers. We make no guarantees regarding smart contracts.

We are not responsible for blockchain-related issues including forks, node failures, or lack of developer communication that result in financial losses.

SECTION 16 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless MoreDash and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

  • (a) your access to and use of the Service, including your use of Output;
  • (b) your violation of any term of these Terms, including your breach of any of your representations and warranties;
  • (c) your violation of any third-party right, including intellectual property or privacy rights;
  • (d) your violation of any applicable law or regulation;
  • (e) Your Content or content submitted via your account, including any false or misleading information;
  • (f) your willful misconduct;
  • (g) any third party’s access to or use of the Service with your credentials.

SECTION 17 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, it shall still be enforceable to the fullest extent permitted by law. The unenforceable portion shall be deemed severed and will not affect the validity of the remaining provisions.

SECTION 18 – TERMINATION

These Terms are effective until terminated by either party. You may terminate at any time by ceasing use of the Service and notifying us. We may terminate or suspend access if we believe you have violated any term of these Terms. Obligations and liabilities prior to termination survive termination.

SECTION 19 – GOVERNING LAW

You agree that: (i) MoreDash is based in the State of California; and (ii) the Service is a passive platform that does not give rise to jurisdiction outside California. These Terms are governed by California law. All claims not subject to arbitration or small claims court shall be resolved in courts located in Los Angeles, California.

SECTION 20 – ARBITRATION AGREEMENT

READ THIS SECTION CAREFULLY – IT REQUIRES ARBITRATION OF DISPUTES AND LIMITS HOW YOU CAN SEEK RELIEF.

This section applies to all disputes between you and MoreDash relating to:

  • (a) these Terms;
  • (b) use of the Service, including marketing;
  • (c) transactions through the Service;
  • (d) any aspect of your relationship with MoreDash.

You may opt-out of arbitration within 30 days of acceptance by emailing info@dressxme.com with your name and intent to opt-out.

Before arbitration, you must contact us to resolve the dispute informally. If unresolved after 60 days, both parties agree to binding arbitration via AAA under its Expedited Procedures. The arbitration may take place in your U.S. county or California. Individuals may also use small claims court where allowed.

The Arbitrator will determine all issues, including enforceability of this agreement. Arbitration decisions may be entered into court. Nothing in this section prevents MoreDash from seeking injunctive or equitable relief in court for intellectual property or data security violations.

If any part of this Arbitration Agreement is unenforceable, the rest remains in effect. If the Class Action Waiver is found unenforceable only for public injunctive relief, such relief may be litigated in court.

SECTION 21 – CLASS ACTION/JURY TRIAL WAIVER

All claims must be brought individually, not as part of a class or representative action. This includes class arbitration. The Arbitrator may award relief only to the individual party. By accepting these Terms, you and MoreDash waive the right to a jury trial and to participate in any class or representative action.

SECTION 22 – CHANGES TO TERMS OF SERVICE

New features or tools will be subject to these Terms. You can view the latest version of the Terms of Service on this page. We may update or change these Terms at any time by posting updates on our website. It is your responsibility to check for changes. Continued use of the Service constitutes acceptance of changes.

SECTION 23 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to hello@dress-x.com.

SECTION 24 – NO WAIVER

Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision.

SECTION 25 – ENTIRE AGREEMENT

These Terms and any posted policies constitute the entire agreement between you and us, superseding prior agreements, communications, and proposals (oral or written).

SECTION 26 – INTERPRETATION

For interpretation of these Terms:

  • “Including” means “including without limitation”;
  • “Or” is not exclusive;
  • “Herein” and similar terms refer to these Terms as a whole;
  • Masculine includes feminine and vice versa;
  • Singular includes plural and vice versa as appropriate.

These Terms shall be interpreted without bias toward the drafting party.