Last Updated: March 25th 10, 2012
The Website offers users the ability to find, view, purchase, and discuss fashion, beauty, and home products, including clothing and accessories (collectively, “Fashion Products”). In addition to information about Fashion Products, the Service offers users the ability to trade items with their friends, share and view user activity with others via the Service’s newsfeed feature (the “Newsfeed”), and provide views and opinions about the available products and the exciting world of fashion.
Please choose carefully the information you post on Little Black Bag and that you provide to other users. Your Little Black Bag profile, and other Content (defined below), may not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, otherwise objectionable subject matter, or otherwise violate this Agreement, including section 8 below. Despite this prohibition, information provided by other Website users (for instance, in their profile) may contain inaccurate, inappropriate, offensive, sexually explicit, or otherwise inappropriate material and Little Black Bag assumes no responsibility or liability for this material. If you become aware of misuse of the Little Black Bag Services by any person, please contact Little Black Bag at email@example.com.
Little Black Bag reserves the right, in its sole discretion, to reject, block, refuse to post or remove any Content or other posting (including private messages) by you, or to restrict, suspend, or terminate this Agreement or your access to all or any part of the Little Black Bag Services including your Deliverables at any time, for any or no reason, with or without prior notice, and without liability. Little Black Bag also reserves the right to modify, update, or discontinue the Little Black Bag Services at Little Black Bag’s sole discretion, at any time, for any or no reason, and without notice or liability.
1. Eligibility. Use of and any membership to the Little Black Bag Services is void where prohibited. By using the Little Black Bag Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older (or the age of majority, as determined by the laws in the state in which you reside, whichever is older), and (d) your use of the Little Black Bag Services does not violate any applicable law or regulation. Your Content and profile may be deleted and your membership to the Little Black Bag Services may be terminated without warning, if Little Black Bag believes that you have violated these representations and warranties.
2. Term and Termination. This Agreement will remain in full force and effect while you use the Little Black Bag Services. You may terminate your membership to the Service at any time, for any reason, by by contacting customer service at firstname.lastname@example.org or by calling 310-421-4500. Little Black Bag may terminate your membership at any time, without warning. Even after a membership is terminated, this Agreement will remain in effect, including Little Black Bag’s rights to use your Content as detailed in Section 6 herein.
3. Member Accounts. In order to use certain features on the Service (whether you wish to become a VIP monthly member (“Monthly Member”) or purchase a single bag on the Service), you must create an account (an “Account”) and provide certain information about yourself, including completing a style profile (each such person, a “Member”).
a. Password and Email. When you create an Account to become a Member, you will also be asked to choose a permanent password and supply your email address. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Little Black Bag immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account, and Little Black Bag will not be liable for your losses caused by any unauthorized use of your Account.
b. Communications and Notifications. By creating an Account and providing your email address to us, you consent to Little Black Bag communicating with you by email, including without limitation, to provide you notice of any security breach in lieu of other written notification. You may opt-out of this email communication by contacting us at email@example.com.
By providing Little Black Bag your email address, you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your email address to send you other promotional messages, including changes to Little Black Bag features and special offers. If you do not want to receive such promotional email messages, you may opt out by changing your Account settings or by sending mail to the following postal address:
Little Black Bag, Inc.
10951 Pico Boulevard, Suite 120
Los Angeles, CA
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
c. Personal Use. Accounts are for your personal, non-commercial use only, and are limited to one Account per person. In creating an Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Service. You may not create or use an Account for anyone other than yourself or provide an email address other than your own. Additionally, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor).
4. Non-commercial Use by Members. The Little Black Bag Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or expressly approved in writing by Little Black Bag. Members may not collaborate with each other to raise the retail value of a Little Black Bag by accepting trades of merchandise with widely disparate values. Illegal and/or unauthorized use of the Little Black Bag Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Little Black Bag Services.
5. Billing and Payments.
a. General. Member agrees to pay for all products ordered through the Website using the payment method indicated, and provides Little Black Bag and its third party payment processor express authorization to charge said fees to the Member’s payment provider at the time of purchase or renewal. Fees owed depend on the specific type and quantity of Little Black Bag products, services, information, or deliverables (collectively “Deliverables”) ordered. If you sign up as a VIP Member to our monthly Little Black Bag Service ("Monthly Service"), Little Black Bag will bill you for your online account using the billing information you provide (your "Billing Account") for your Monthly Service. You agree to pay Little Black Bag all charges at the prices then in effect for your use of the Monthly Service using your Billing Account, and any applicable taxes, and you authorize Little Black Bag to charge your chosen payment provider (your "Payment Method") for the Monthly Service. You agree to make payment using that selected Payment Method. Little Black Bag reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. All prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by Member. If payment is not current or you are in violation of these Terms, Little Black Bag may immediately cease to provide any and all Deliverables to the Member.
i. Account Updates. It is the Member’s responsibility to promptly provide Little Black Bag with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). You must promptly notify Little Black Bag if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Account updates should be made on the Website via the “Account” section, once you have logged into the Service. If you fail to provide Little Black Bag any of the foregoing information, you agree that Little Black Bag may continue charging you for any use of the little Black Bag Service under your Billing Account unless Little Black Bag has evidence that you have terminated your membership to the Monthly Service.
ii. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Little Black Bag does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
iii. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), Little Black Bag shall provide notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Little Black Bag may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle for the Monthly Service.
i. Membership Deliverables. When you become a Member, you will receive digital images of a proposed set of physical Fashion Products allocated to your Account (the “Little Black Bag”). You will then have a period of up to seven (7) days (the “Trading Period”) to trade any items contained in your Little Black Bag to any other Member on the Website who agrees to any trade that you may propose. At the conclusion of the Trading Period, we will ship to your physical address of record the Fashion Products that are then contained in your Little Black Bag.
ii. VIP Membership. If you register to join our VIP Membership Program you will automatically receive VIP Merchandise Credit in an amount as stated when you joined which will be credited to your Account each month, additional savings, and member only content and offers (“Monthly Service”). With the VIP Membership you will be charged your membership Monthly Service Fee on or around the first day of the next calendar month after you sign up for VIP Membership.
iii. VIP Membership Fees. Little Black Bag currently charges a monthly service fee ("Monthly Service Fee") for the VIP Membership Monthly Service, which amount is stated on the offer page when you signed up for the VIP Membership. If you elect not to receive your Little Black Bag for a particular month before the end of the applicable Trading Period, the Monthly Service Fee you paid for such month will be charged and you will receive your monthly Merchandise Credit in your Account which will be applied towards your next purchase. You may also purchase a single Little Black Bag for a one-time fee without accepting membership into the VIP Membership Monthly Service.
iv. VIP Membership Renewal and Cancellation. Monthly Service Fees for VIP Membership in the Monthly Service will automatically renew using the Member’s current credit card account number unless Member cancels his/her VIP Membership prior to the next Monthly Service by contacting customer service by email at firstname.lastname@example.org or by calling 310-421-4500. If a VIP Member has an active bag, their cancellation will be in effect after the shipment of their current bag. After a Little Black Bag ships our refund policy applies. YOUR NON-TERMINATION OR CONTINUED USE OF THE LITTLE BLACK BAG SERVICE REAFFIRMS THAT LITTLE BLACK BAG IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD. LITTLE BLACK BAG MAY SUBMIT THOSE CHARGES FOR PAYMENT AND YOU WILL BE RESPONSIBLE FOR SUCH CHARGES. BY SIGNING UP FOR THE MONTHLY SERVICE, YOU AUTHORIZE LITTLE BLACK BAG TO SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR VIP MEMBERSHIP OR NOTIFY LITTLE BLACK BAG THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE LITTLE BLACK BAG REASONABLY COULD ACT TO CHANGE YOUR PAYMENT METHOD. PLEASE GO ONLINE TO THE "HELP" SECTION TO CONTACT US OR CALL US AT 310-421-4500 TO CANCEL. Prepaid fees for annual, semi-annual, and multi-year memberships (if available) will be refunded based on the number of months remaining on the applicable membership period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. Partial months will not be refunded. To request a refund, please contact Little Black Bag at email@example.com. Once the cancellation is processed, a confirmation email will be sent via the Member’s email account on record with Little Black Bag. If you do not receive a confirmation email, please contact us a firstname.lastname@example.org. If Member has a question about a cancellation, Member should contact Little Black Bag at email@example.com. Little Black Bag reserves the right to change its fees or billing methods at any time. Little Black Bag will provide timely notice to the affected Members of any such changes.
v. Cancelation Rights. YOU MAY CANCEL YOUR VIP MEMBERSHIP AT ANY TIME BY CONTACTING CUSTOMER SERVICE. IF YOU CANCEL YOUR VIP MEMBERSHIP AFTER YOU HAVE OPENED A LITTLE BLACK BAG, YOU ARE OBLIGATED TO COMPLETE THE PURCHASE OF THAT LITTLE BLACK BAG, AND YOUR CANCELATION WILL TAKE EFFECT IMMEDIATELY AFTER YOUR PURCHASE PROCESSES TO SHIP OR CLOSES (EITHER BY CLICKING “SHIP MY BAG” OR BY THE EXPIRATION OF THE TRADING PERIOD). NOTWITHSTANDING THE FOREGOING IN THE EVENT THAT LITTLE BLACK BAG HAS ANY REASON TO BELIEVE IN ITS DISCRETION THAT YOU ARE OPENING MULTIPLE ACCOUNTS TO TRADE WITH YOURSELF OR ARE UNFAIRLY TRADING WITH OTHERS WITH THE INTENT TO CANCEL AN ACCOUNT AND THEREFORE ARE NOT USING THE SERVICES FAIRLY, IT RESERVES THE RIGHT TO CANCEL YOUR AND ANY THIRD PARTY'S ACCOUNT AND NOT SEND YOU THE DELIBERABLES IN YOUR LITTLE BLACK BAG.
c. Shipping. Any tangible property purchased through the Website will be shipped FOB Shipping Point. Title to such products purchased by you from Little Black Bag passes from Little Black Bag (or, as applicable, from Little Black Bag’s authorized third-party fulfillment provider) to you upon shipment. Little Black Bag uses many carriers for shipment of products, including but not limited to: Federal Express, UPS, USPS, Newgistics, DHL, Smartpost, XPO, and Landmark Global.
d. Taxes. Member will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the Member’s purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Little Black Bag reserves the right to collect such taxes or other fees from you at any time.
e. Little Black Bag Merchandise Credit Program. The Little Black Bag VIP Merchandise Credit Program is available to VIP Members of Little Black Bag only. VIP Members of Little Black Bag may be given opportunities to earn Little Black Bag VIP Merchandise Credit that Members can redeem for merchandise in their Little Black Bag. VIP Merchandise Credits are awarded monthly and may also become available from time to time in certain promotions found on the Website. Little Black Bag is under no obligation to continue its VIP Merchandise Credit Program upon notice to VIP Members, and opportunities for Members to earn additional VIP Merchandise Credit are at Little Black Bag’s sole discretion and can be changed without notice. After redeeming Little Black Bag VIP Merchandise Credit, the VIP Merchandise Credit will be deducted from your Member Account. VIP Merchandise Credits cannot be redeemed for cash or any other credit and have no cash value and are non-transferrable. You may also not transfer unused Little Black Bag VIP Merchandise Credit to a new account. Upon the closing of an account for any reason all VIP Merchandise Credit will no longer be valid. VIP Merchandise Credits must be redeemed within twelve (12) months of being placed in a VIP Member’s Account.
f. Returns. All tangible Fashion Product merchandise that meets the condition requirements outlined in Section 5(f)(iii) below, other than special orders, final sale items, or as otherwise noted by Little Black Bag on the Website at the time of sale, may be returned to us (or as applicable, to Little Black Bag’s authorized third-party fulfillment provider), provided your original merchandise is received by us (or as applicable by Little Black Bag’s authorized third-party fulfillment provider) within 30 days of the date of your receipt of your initial order and is otherwise in saleable and unused condition with the original tags and packaging. If you have received the Fashion Product or the membership to Little Black Bag as a gift from a third party, you may only return the Fashion Product for a merchandise credit in accordance with our return policy set forth in Section 5(f)(ix) below, and you will not be entitled to a refund for your returned Fashion Product. If you are a Member who has purchased the Fashion Product for yourself, you may elect to return the Fashion Product in exchange for a refund or merchandise credit in accordance with our return policy set forth in Section 5(f)(ix) below. Final Sale merchandise and returns received after 30 days from receipt BY YOU will not be eligible for a refund or merchandise credit and any returned merchandise will not be returned to you.
i. Return Process. In order to return a Fashion Product, you must utilize and complete the return packing slip included with your Deliverables, indicating the reason for the return. If you need to return an item and a return packing slip was not included in your package, please contact us at firstname.lastname@example.org for return instructions.
ii. Return Shipping. You are responsible for paying shipping back to the designated location for returned items, unless such item is being returned due to a product defect or error by Little Black Bag or, as applicable, by Little Black Bag’s authorized third-party fulfillment provider. For more information, please contact us at email@example.com
iii. Condition of Items. Your return will be processed after we have received your return of the qualifying Fashion Product. In order for Little Black Bag to accept your return at no cost to you, an item must be in new condition, and still contain the original tags, must not be used or worn, and must be in the original packaging (if any). Returns will not be processed and will not be returned to you (without refund or merchandise credit) if the Fashion Products exhibit any obvious signs of wear or use or are not in the condition in which they were received. All original packaging and materials including boxes, manuals, warranty cards, and any other materials in the original shipment must be returned with your merchandise.
iv. Inspection. All merchandise must be inspected by you upon delivery. If any box looks dented or damaged in any way, the driver must make a notation and should mark any damages. Boxes opened later and then damage noticed without driver making notation, is considered concealed damage. Some shipping companies do not always cover full refunds on concealed damage items. Little Black Bag or, or, as applicable, Little Black Bag’s authorized third-party fulfillment provider, is not responsible for damages incurred during shipping.
v. Defective Merchandise. Returns for manufacturer defects of Fashion Products will be accepted. All original packaging and materials including boxes, manuals, warranty cards, and any other materials in the original shipment must be returned with your Fashion Product merchandise.
vi. Incorrect Merchandise. Contact us via e-mail at firstname.lastname@example.org if you received an item different than what was described on the Website or that is the wrong size, color, or style than what you ordered within 30 days of receipt of your product to qualify for a refund or merchandise credit.
vii. Refunds on returns. All tangible Fashion Product merchandise that meets the condition requirements as outlined in Section 5(e)(iii) is eligible for a refund unless you received the Fashion Product or the membership to Little Black Bag as a gift from a third party, in which case the Fashion Product may only be returned for a merchandise credit in accordance with our return policy set forth in Section 5(f)(ix) below. If you are entitled to a refund, we will refund you for your merchandise, after deducting any promotional discounts, plus any associated taxes but not for any shipping and handling fees unless there was a problem with the shipment of your order. If you are entitled to a refund and you return only some of the items in your Little Black Bag, your refunds will be calculated by dividing the retail value of the returned items by the retail value of the whole Little Black Bag and multiplying that percentage by the total amount you paid for the Little Black Bag. For example, if you are returning $40 in retail value of your $100 retail value bag and you paid $49.95 for that bag, we will refund you ($40/$100 * $49.95 = $19.98). The retail value of all Fashion Product Merchandise is based upon the manufacturer's suggested retail prices, which is provided to Little Black Bag. If you desire a refund on any merchandise, you must contact customer service prior to returning your items at email@example.com or 310-421-4500 so that your Account can be marked for a refund; otherwise, your return will be processed as a merchandise credit.
viii. Timing on refunds. Refunds will customarily be processed within five (5) business days. If you are canceling after you have already received your merchandise, we will process your refund and cancelation after receiving the merchandise in good re-sellable condition in our warehouse.
ix. Returns for Merchandise Credit. Any return merchandise that meets the condition requirements as outlined in Section 5(e)(iii) and that is received at Little Black Bag’s warehouse without your contacting customer support prior to the return asking for a refund will be processed as a merchandise credit. The retail value of all Fashion Product Merchandise is based upon the manufacturer's suggested retail prices which is provided to Little Black BagYou do not need to contact customer service or Little Black Bag if you wish your return to be processed as a merchandise credit. All credits in your account for merchandise must be redeemed within twelve (12) months of receiving the credit in your Account or they will expire.
6. Proprietary Rights in Content.
a. Little Black Bag does not claim any ownership rights in the text, information, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post, submit, or transmit to, through, or in connection with the Little Black Bag Services, including without limitation, to your profile, to the Newsfeed, or to our forum (collectively, “Content”). After posting your Content to the Little Black Bag Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the Little Black Bag Services, you hereby grant, and you represent and warrant that you have the right to grant, to Little Black Bag a worldwide, royalty-free, sublicensable, fully transferable license to use, modify, publicly perform, publicly display, reproduce, incorporate into advertisements, distribute, and create derivative works of such Content through the Little Black Bag Services and other websites and media platforms for commercial and non-commercial purposes.
b. The Little Black Bag Services contain information, files, images, photos, video, sounds, musical works, works of authorship, and other materials created by or on behalf of Little Black Bag and published by Little Black Bag in connection with the Little Black Bag Services (collectively, “Little Black Bag Content”). Little Black Bag owns the Little Black Bag Content, including but not limited to graphics, design, compilation, computer code, products, software, visual interfaces, interactive features, and all other elements and components of the Little Black Bag Services. Little Black Bag Content is protected by copyright, trademark, patent, trade secret and other laws, and Little Black Bag owns or licenses and retains all rights in the Little Black Bag Content and the Little Black Bag Services. Little Black Bag hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Little Black Bag Content (excluding any software code) solely for your personal non-commercial use in connection with viewing the Website and using the Little Black Bag Services in accordance with this Agreement.
c. The Little Black Bag Services contain Content of users, Members, and other Little Black Bag licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content or Little Black Bag Content appearing on or through the Little Black Bag Services.
d. Little Black Bag and its licensees may publicly display advertisements and other information adjacent to, or included with, your Content. You are not entitled to any compensation from such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
7. Content Posted.
a. Little Black Bag may delete any Content that in the sole judgment of Little Black Bag violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or for any other reason. Little Black Bag assumes no responsibility for monitoring the Little Black Bag Services for inappropriate Content or conduct. If at any time Little Black Bag chooses, in its sole discretion, to monitor the Little Black Bag Services, Little Black Bag nonetheless assumes no responsibility for the Content, has no obligation to modify or remove any inappropriate Content, and has no responsibility for the conduct of the Member or user posting any such Content.
b. You are solely responsible for the Content that you post on or through any of the Little Black Bag Services, any material or information that you transmit to other Members or users, and for your interactions with other users. Little Black Bag does not endorse and has no control over the Content. Content is not necessarily reviewed by Little Black Bag prior to posting and does not necessarily reflect the opinions or policies of Little Black Bag. Little Black Bag makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Little Black Bag Services or activities that violate these Terms. Little Black Bag reserves the right to investigate and take appropriate legal action against anyone who, in Little Black Bag’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Little Black Bag Services and terminating the membership of such violators.
a. Prohibited Content includes, but is not limited to, Content that in the sole discretion of Little Black Bag:
i. is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. exploits people in a sexual or violent manner;
iv. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
v. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
vi. contains hyperlinks, “hidden” keywords or keywords in Newsfeed postings that are irrelevant to the Service or are otherwise misleading;
vii. involves any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity that requires an upfront or periodic payment, pays commissions only, or requires recruitment of other Members, sub-distributors or sub-agents;
viii. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
ix. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
x. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
xi. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
xii. solicits passwords or personal identifying information for commercial or unlawful purposes from other Members or users;
xiii. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, or pyramid schemes;
xiv. infringes or misappropriates any third party’s patent, trademark, service mark, copyright, moral rights, trade secrets or other intellectual property; or
xv. invades or violates any third party’s right to privacy.
b. Additionally, the following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Little Black Bag Services. Little Black Bag reserves the right to investigate and take appropriate legal action against anyone who, in Little Black Bag’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
i. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of invalid data, worms, viruses or other harmful files, copyright, trademark, or patent infringement, or theft of trade secrets;
ii. advertising to, or solicitation of, any Member to buy or sell any products or services through the Little Black Bag Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Little Black Bag Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;
iii. covering or obscuring the banner advertisements on your personal profile page, or any Littleblackbag.com via HTML/CSS or any other means;
iv. any automated use of the system, such as using scripts to follow users or send comments or messages;
v. interfering with, disrupting, or creating an undue burden on the Little Black Bag Services or the networks or services connected to the Little Black Bag Services;
vi. attempting to impersonate another Member or person or posting any third party’s information on the Little Black Bag Services without permission;
vii. using the Account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your Account;
vii. selling or otherwise transferring your Account;
viii. aggregating, copying, or duplicating in any manner all or part of the Little Black Bag Services or information available from the Website, without express written consent from Little Black Bag;
ix. using any information obtained from the Little Black Bag Services in order to harass, abuse, or harm another person;
x. accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Little Black Bag Services on behalf of that person, such as posting blogs, Newsfeed items, or bulletins with a commercial purpose;
xi. using the Little Black Bag Services in a manner inconsistent with any and all applicable laws and regulations;
xii. using or launching any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the Little Black Bag Services in a manner that sends more request messages to the Little Black Bag Services servers than a human can reasonably produce in the same period by using a conventional on-line web browser;
xiii. collecting or harvesting any personally identifiable information, including names or email addresses, from the Little Black Bag Services, or use the Little Black Bag Services for any commercial solicitation purposes without prior written consent from Little Black Bag; or
xiv. renting, leasing, transferring, selling, reselling, or otherwise exploiting for any commercial purpose, any portion of or access to the Little Black Bag Services.
9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way, any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Little Black Bag has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (“DMCA”) and avails itself of the protections under the DMCA. It is the policy of Little Black Bag to terminate the membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Little Black Bag by the copyright owner or the copyright owner’s legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Little Black Bag Services in a way that constitutes copyright infringement, to comply with the DMCA, you must provide Little Black Bag’s designated copyright agent set forth below with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Little Black Bag Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please note that this procedure is exclusively for notifying Little Black Bag that your copyrighted material has been infringed.
We may give a Member notice that we have removed or disabled access to certain Content by means of a general notice on the Website, electronic mail to the Member’s e-mail address in our records, or by written communication sent by first-class mail to the Member’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to Little Black Bag’s designated copyright agent set forth below that includes the information below. To be effective under the DMCA, the counter-notification must be a written communication that includes the following: (a) your physical or electronic signature; (b) 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; (c) 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 (d) 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 any judicial district in which Little Black Bag may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Little Black Bag’s copyright agent for notice of claims of copyright infringement can be contacted as follows:
Little Black Bag, Inc.
10951 Pico Boulevard, Suite 120
Los Angeles, CA 90064
10. Member Disputes. You are solely responsible for your interactions with other Members. Little Black Bag reserves the right, but has no obligation, to monitor disputes between you and other Members.
12. Security. Little Black Bag has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
LITTLE BLACK BAG, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND AFFILIATES (COLLECTIVELY, “AFFILIATES”) ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE LITTLE BLACK BAG SERVICES, WHETHER CAUSED BY USERS OF THE WEBSITE, MEMBERS, OUR ADVERTISERS OR CORPORATE PARTNERS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE OPERATION OF THE WEBSITE OR THE LITTLE BLACK BAG SERVICES.
LITTLE BLACK BAG AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE OR THE LITTLE BLACK BAG SERVICES. UNDER NO CIRCUMSTANCES WILL LITTLE BLACK BAG AND ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING LOST DATA, LOST INFORMATION, PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE OR THE LITTLE BLACK BAG SERVICES, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
LITTLE BLACK BAG AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS; AND ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. LITTLE BLACK BAG AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE WEBSITE, ANY MEMBERS, OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE WEBSITE, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE WEBSITE, OR OTHERWISE IN CONNECTION WITH THE SERVICE.
THE WEBSITE, THE SERVICE, AND THE FASHION PRODUCTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, LITTLE BLACK BAG EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE LITTLE BLACK BAG SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE LITTLE BLACK BAG SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR WIRELESS DEVICE AND FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. LITTLE BLACK BAG DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE LITTLE BLACK BAG SERVICES.
THE LITTLE BLACK BAG SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY LITTLE BLACK BAG. LITTLE BLACK BAG HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. YOU EXPRESSLY RELIEVE LITTLE BLACK BAG FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES. LITTLE BLACK BAG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. LITTLE BLACK BAG WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LITTLE BLACK BAG MAY IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO, PREVIEW, REVIEW, SCREEN, REMOVE, OR EDIT CONTENT. YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, INFRINGING, AND YOU HEREBY AGREE TO WAIVE ANY LEGAL RIGHTS AND REMEDIES YOU MAY HAVE AGAINST LITTLE BLACK BAG FOR SUCH EXPOSURE.
14. Limitation on Liability.
IN NO EVENT WILL LITTLE BLACK BAG AND ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE LITTLE BLACK BAG SERVICES OR THE FASHION PRODUCTS, EVEN IF LITTLE BLACK BAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LITTLE BLACK BAG’S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LITTLE BLACK BAG FOR THE LITTLE BLACK BAG SERVICES DURING THE TERM OF YOUR MEMBERSHIP. LITTLE BLACK BAG ASSUMES NO LIABILITY WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE LITTLE BLACK BAG SERVICES OR THE FASHION PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LITTLE BLACK BAG SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE LITTLE BLACK BAG SERVICES, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. YOU SPECIFICALLY ACKNOWLEDGE THAT LITTLE BLACK BAG WILL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Website acts as a venue for Members to trade Fashion Products with each other, which may then subsequently be purchased. Little Black Bag is not involved in the actual trading transaction of Fashion Products between Members. As a result, Little Black Bag will not be responsible for any trading decisions, for whatever reason, made by any Member through the Website or Service. You acknowledge and agree that You are solely responsible for any and all trades of Fashion Products that You make.
15. Resolution of Disputes.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules.
Resolution of any Dispute. In the event a dispute arises between you and Little Black Bag, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer care department at 310-421-4500, or e-mail us at firstname.lastname@example.orgIf, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed:
Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND LITTLE BLACK BAG EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and Little Black Bag agree that any dispute, controversy or claim arising out of arising out of or relating to any aspect of our relationship; the merchandise or content accessible from Little Black Bag; claims that may arise after the termination of your VIP Membership or Account; and claims related to marketing efforts or pricing, including complaints concerning unsolicited text messages, emails, and telemarketing calls ("Claim(s)") which cannot be settled through the customer service department refunding your payments in full, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All Notices to Little Black Bag shall be sent to the following address: 10951 Pico Boulevard, Suite 120, Los Angeles, CA 90064 att: Directors. All notices to Members will be sent to the email provided in the Member’s Account. Upon receipt of such Notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or Little Black Bag may commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any Claim shall be conducted in the State of New York, and for any non-frivolous claim that does not exceed $10,000 Little Black Bag will: (1) pay all costs of the arbitration; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event Little Black Bag prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
Choice of Law. This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. Â§ 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
Exception. Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.
Survival. This arbitration provision shall survive termination of this Agreement and the closing of your Account or Membership.
16. Indemnity. You agree to indemnify and hold Little Black Bag, its parents, subsidiaries, and affiliates, and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of or access to the Little Black Bag Services and the Fashion Products, your violation of this Agreement, breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Little Black Bag Services causes Little Black Bag to be liable to any third party. Little Black Bag reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Little Black Bag and you agree to (i) cooperate with our defense of these claims and (ii) not to settle any matter without Little Black Bag’s prior written consent.
17. Notification Procedures. Little Black Bag may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to Members via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Website page, as determined by Little Black Bag in its sole discretion. Little Black Bag reserves the right to determine the form and means of providing notifications to our Members, provided that you may opt out of certain means of notification as described in this Agreement.
18. Statute of Limitations. You agree that, regardless of any statute or law to the contrary (to the extent allowed by applicable law), any claim or cause of action, arising out of or related to use of the Little Black Bag Services or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
20. Availability and Use Outside of the United States. The Little Black Bag Services are controlled from our facilities in the United States. Little Black Bag makes no representations that the Little Black Bag Services are appropriate or available for use in other locations. The Little Black Bag Services may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. Those who access or use the Little Black Bag Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
21. Trademarks. Little Black Bag and other graphics, logos, page headers, button icons, scripts, and service names located on the Little Black Bag Service are trademarks, registered trademarks or trade dress of Little Black Bag, Inc. Little Black Bag’s trademarks and trade dress may not be used in connection with any product or service that is not Little Black Bag’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Little Black Bag. All other trademarks not owned by Little Black Bag that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Little Black Bag.
22. Sweepstakes. Any Member may participate in the LittleBlackBag.com Delights Instant Win Game. The official rules of the game can be found here. To enter without being a Member, see official rules.
a. Entire Agreement. This Agreement and the policies incorporated herein (“Policies”) constitutes the entire agreement between you and Little Black Bag regarding the use of the Little Black Bag Services. This Agreement operates to the fullest extent permissible by law.
b. No Waiver. The failure of Little Black Bag to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The rights and remedies of Little Black Bag under these Terms or Use, its Policies, and any other applicable agreement between you and Little Black Bag shall be cumulative, and the exercise of any such right or remedy shall not limit Little Black Bag's right to exercise any other right or remedy.
c. Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
d. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Little Black Bag without restriction.
e. Severability. If the application of any provision of this Agreement to any particular facts or circumstances will be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (i) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement will not in any way be affected or impaired thereby with the exception of the Class Action Waiver and arbitration provisions set forth herein, and (ii) such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
Copyright © Little Black Bag, Inc. All rights reserved.
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