Last Updated: April 11 2018
Villageluxe Inc. (“villageluxe,” “we,” “us,” or “our”) welcomes you. We’re pleased that you have accessed and used our website located at www.villageluxe.com (the “Website”), and our online platform (the “Platform”), which is accessible through our Website and our mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”).
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
The Platform provides users with a variety of resources to facilitate peer-to-peer sharing, lending, borrowing and renting of goods and services. Registered Members, called “Lenders” in our community, can upload information about designer items available for rent (“Good(s)”), and, Registered Members, called “Renters,” can search for Good(s) they wish to rent. Once the Renter has identified Good(s) the Renter wishes to rent, the Renter can submit a request to rent such Good(s) through the Platform. Lenders must accept or reject the Renter’s request within forty-eight (48) hours of receiving the request. Once a Lender accepts a rental request: (i) villageluxe may share the name, phone number and address between the Lender and the Renter; and (ii) the Lender and Renter shall co-ordinate the delivery of the Good(s) by coordinating the applicable pickup or shipment details. In some cases, upon Lender’s request, villageluxe may provide shipping labels to both parties via e-mail.
Access to the Platform is offered to you on a membership basis (your “Membership”).
We provide Visitors, and Registered Members with access to the Website, the App, and the Platform as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; and (ii) e-mail us.
Registered Members. Login is required for all Registered Members. Registered Members can do all things that Visitors can do, and may also be able to: (i) upload, as a Lender, information about one or more Good(s); (ii) search, as a Renter, the available Good(s); (iii) message a Lender and/or Renter about the Good(s); and (iv) and request to rent such Good(s).
You acknowledge and agree that we may place limits on the rental of the Good(s), including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals of Good(s) for any reason, including but not limited to availability concerns. We are not responsible for any sales tax and/or income tax reporting in connection with the Good(s) you offer for rent on the Platform and the Good(s) you rent through the Platform. We are not responsible for any delivery delays and for unattended Good(s) resulting due to any un-secure shipping addresses or drop-off locations that you provide.
Subject to the terms and conditions of this Agreement, villageluxe grants you during the term of this Agreement a non-transferable, non-exclusive right, without the right to sublicense, to access and use the Platform for your personal use. You will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Platform; or (ii) introduce into the Platform any virus, worm, “black door,” Trojan Horse, or similar harmful code. If you violate this section, villageluxe reserves the right in its sole discretion to immediately deny you access to the Platform, or any portion of thereof, without notice. villageluxe reserves the right to change the availability of any feature, function, or content relating to the Platform, at any time, without notice or liability to you.
Each Renter is responsible for returning the Good(s) that he or she rents in the same condition as they were when the Renter received the Good(s). Renters shall not allow any other individual to use the Goods(s). Renters acknowledge and agree that they are responsible for their own actions and omissions and those of any individuals whom they allow to use the Good(s). If you return a Good that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Good, as determined in our discretion, up to the maximum additional charge plus the rental fee.
In the event any damage is done to the Good(s) or the Good(s) are lost during the time the Renter rents the Good(s), the Renter is responsible for paying the applicable damages to the Lender which may include the full replacement cost for the damaged or lost Good(s) in the current market which may exceed the original retail price of such Good(s). Although villageluxe will use commercially reasonable efforts to assist Renters and Lenders in resolving any disputes regarding such damages, villageluxe is not a party to the rental transaction, and Renters and Lenders hereby acknowledge and agree that they, and not villageluxe, are responsible for resolving any such dispute.
Villageluxe's community, like any community, functions best when its people follow a few simple rules. By visiting the Website, and/or accessing and/or using the App and/or the Platform, you hereby agree to comply with these community rules and that:
You will not upload, post, e-mail, transmit, or otherwise make available any content that:
We reserve the right, in our sole and absolute discretion, to deny you access to the Website, the App and/or the Platform, or any portion of the Website, the App and/or the Platform, without notice, and to remove any content that do not adhere to these guidelines. We also reserve the right, in our sole and absolute discretion, to change or remove information from your profile that does not adhere to these guidelines or is otherwise deemed to be offensive in our sole discretion.
The Website, the App and the Platform is available for individuals aged 21 years or older. If you are under 21, please do not use the Website, the App and the Platform. By registering as a Registered Member, you represent and warrant that you are at least 21.
There is no cost or fee for a Lender to list any Good(s) on the Platform. Based on the demand for such Good(s), we reserve the right in our sole discretion to increase the price of any Good(s) you list on the Platform. Based on the demand for such Good(s), we also reserve the right in our sole discretion to decrease the price of any Good(s) you list on the Platform within ten percent (10%) of the original listing price.
Lenders, who accept a rental request and Renters, who rent Good(s) will be charged the applicable transaction fees set forth on the FAQ page: faq. (collectively the “Transaction Fees”).
We may use a third party payment vendor (“Third Party Payment Vendor”) to process your payment of the Transaction Fees. You warrant and represent that you are the valid owner or an authorized user, of the credit card or payment account that you provide to such Third Party Payment Vendor, and that all information you provide is accurate.
We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.
If you do not pay the amounts you owe to us when due or if you institute an unauthorized chargeback with your credit card provider, then we reserve the right to immediately institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys' fees and court costs. You expressly acknowledge and agree that submission of any claim for sums due and owing is exempt from the arbitration requirement set forth below. Villageluxe may proceed as necessary to collect sums past due and owing, in its sole discretion without further notice to you.
Renters may earn credits (“Credits”) on their account when they rent Good(s) through the Platform.
Credits cannot be transferred to another person or account. You may redeem your Credits for cash money or to pay for renting Good(s) through the Platform. Some fees may apply when you redeem our Credits for cash money. For more information about such fees, please visit our FAQ page: faq. Villageluxe has the right to modify, and/or eliminate Credits in its sole and absolute discretion at any time and without notice to you. We shall have no liability in connection with the exercise of this right. Credits will be available for use for a period of one (1) year from the date on which the Credits are earned and will automatically expire after the expiration of this time period. The only rights that you have to receive payment of any amounts held by villageluxe in the form of Credits are as set out in this Section 9. Upon termination of this Agreement as set forth herein, all Credits will be cancelled immediately.
REDEMPTION OF YOUR CREDITS IS SOLELY YOUR DECISION, AND WE DO NOT PROVIDE ANY GUIDANCE OR SUGGESTIONS IN CONNECTION WITH THE REDEMPTION OF ANY CREDITS.
Currently, Membership is by invitation only. We reserve the right in our sole discretion to determine whether to invite you to use our Platform. You can request an invite from other Registered Members or directly from us. In order to request an invite from us, you will need to provide us with your email address and zipcode. You will have to follow the instructions in the invitation email to complete your registration to become a Registered Member. During the registration process, we will ask you to provide information including but not limited to, your name, e-mail address, birthdate, address, government issued ID, and bank issued credit card information. You will also have to create a username and password for your Membership account or you may link your social media account to your Membership account. You represent and warrant that all information you provide to us is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for the confidentiality of your account. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason. We reserve the right to login to your account for customer support and troubleshooting purposes.
The Website, the App and the Platform contain materials, such as software, text, graphics, images (including any images/photographs that we take of your closet), sound recordings, audiovisual works, and other materials provided by or on behalf of villageluxe (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Website, the App, and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of villageluxe (“Villageluxe Trademarks”) used and displayed on the Website, the App, and Platform are registered and unregistered trademarks or service marks of villageluxe. Other company, product, and service names located on the Website, the App, and the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the villageluxe Trademarks, the “Trademarks”). Nothing on the Website, the App, and the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the villageluxe Trademarks inures to our benefit.
Elements of the Website, the App, and the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
Registered Members may post and/or create content through the Platform, including, without limitation, the Goods Information, reviews, and any messages sent to other Registered Members (hereinafter, "Registered Member Content"). You expressly acknowledge and agree that once you submit the Registered Member Content for inclusion into the Platform, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered Member Content, including, without limitation, any personally identifying information that you may make available. We may remove Registered Member Content that does not adhere to our Community Guidelines, or that is offensive or otherwise unacceptable to us in our sole discretion. YOU, AND NOT VILLAGELUXE, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED MEMBER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.
You retain all copyrights and other intellectual property rights in and to your own Registered Member Content. You do, however, hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Registered Member Content as reasonably necessary to provide the Platform.
If you submit Registered Member Content to us, each such submission constitutes a representation and warranty to villageluxe that such Registered Member Content is your original creation (or that you otherwise have the right to provide the Registered Member Content), that you have the rights necessary to grant the license to the Registered Member Content under the prior paragraph, and that it and its use by villageluxe and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
ALTHOUGH WE TAKE OUR REGISTERED MEMBERS’ SATISFACTION VERY SERIOUSLY, IF YOU HAVE ANY PROBLEMS WITH YOUR RENTAL GOOD(S), PLEASE CONTACT THE LENDER DIRECTLY.
NONE OF VILLAGELUXE, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “VILLAGELUXE PARTIES”) ENDORSE OR RECOMMEND ANY GOOD(S), RENTERS, LENDERS, OR ANY REGISTERED MEMBER CONTENT. ALL GOOD(S) ARE PROVIDED BY THIRD PARTIES AND VILLAGELUXE HAS NO CONTROL OVER THE QUALITY OF THE GOOD(S). YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM MERELY ACT AS A VENUE THAT ALLOWS YOU TO RENT GOOD(S) FROM LENDERS. NONE OF THE VILLAGELUXE PARTIES HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY GOOD(S) YOU RENT THROUGH THE PLATFORM OR ANY RESULTS CAUSED BY USING SUCH GOOD(S), INCLUDING WITHOUT LIMITATION, ANY DEATH, OR BODILY INJURY YOU MAY SUFFER. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING SENTENCE DOES NOT APPLY TO CONSUMERS LOCATED IN NEW JERSEY.
THE WEBSITE, THE APP, THE PLATFORM, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) NONE OF THE VILLAGELUXE PARTIES SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, THE APP, THE PLATFORM OR THE CONTENT, EVEN IF SUCH VILLAGELUXE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WBESITE, THE APP, THE PLATFORM OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITE, THE APP, AND THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE, THE APP, AND THE PLATFORM. THE WEBSITE, THE APP, AND THE PLATFORM MAY CONTAIN INFORMATION ON TYPES OF GOOD(S) THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A GOOD ON THE PLATFORM DOES NOT IMPLY THAT SUCH GOOD IS OR WILL BE AVAILABLE WHEN YOU WOULD LIKE TO RENT IT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE, THE APP, AND THE PLATFORM AT ANY TIME WITHOUT NOTICE.
The Website, the App, and the Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
The Website, the App and the Platform are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the App, the Platform, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, the App and/or the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website, the App, and/or the Platform at any time without prior notice or liability.
Villageluxe respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
55 Prospect Street, Suite 405
Brooklyn, NY 11201
If you believe that your work has been copied on the Website, the App and/or the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website, the App and/or the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
In the event of a dispute arising under or relating to this Agreement, the Website, the App and/or the Platform or any other products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent villageluxe from seeking injunctive relief in any court of competent jurisdiction as necessary to protect villageluxe's proprietary interests.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Fees,” “Intellectual Property,” “Registered Member Content,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2018 Villageluxe Inc. All rights reserved.