Terms of Use

Welcome to MakeOutfit! These Terms of Use (“Terms”) govern your access to and use of our website platform, makeoutfit.com (the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access or use the Platform.

  1. Content

The Platform contains content, including but not limited to images, designs, and text (the “Content”). The Content is owned by MakeOutfit or its licensors. You may not use the Content for any purpose other than for your personal, non-commercial use of the Platform.

  1. User Generated Content

The Platform may allow you to create outfits using the Content and share them with others (“User Generated Content”). You are solely responsible for your User Generated Content and the consequences of posting it.

2.1 User Generated Content Representations and Warranties

By posting User Generated Content, you represent and warrant that:

  • You own all rights to the User Generated Content or have obtained all necessary licenses and permissions to use and authorize MakeOutfit to use your User Generated Content in accordance with these Terms.
  • Your User Generated Content does not and will not infringe on any intellectual property rights of any third party.
  • Your User Generated Content is not obscene, indecent, or otherwise unlawful.

2.2 User Generated Content License

By posting User Generated Content, you grant MakeOutfit a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, distribute, and translate your User Generated Content in connection with the Platform and our business.

2.3 Content within the Service:

You comprehend that all data (such as data files, written text, software, music, audio files, photographs, videos, or other images) which you can access as part of, or through your utilization of, the Service are the sole responsibility of the individual or entity from which such data originates. This data is collectively referred to as “Content”.

You recognize that Content provided to you within the Service may be safeguarded by intellectual property rights owned by the individuals and/or entities providing that Content to us (or by other individuals or entities on their behalf). You are prohibited from altering, renting, leasing, loaning, selling, distributing, or creating derivative works based on this Content (either wholly or partially) unless expressly permitted to do so by us or by the owners of that Content, in written form.

We retain the right (though not obligated) to pre-screen, review, flag, filter, modify, reject, or remove any or all Content.

You acknowledge that by utilizing the Service, you might encounter Content that you may deem offensive, indecent, or objectionable, and thus, you use the Service at your own discretion.

You agree that you are solely accountable for (and that we hold no responsibility to you or any third party for) any Content you generate, transmit, or display while using the Service and for the outcomes of your actions (including any loss or damage incurred by us) resulting from such actions.

You recognize and consent that we (or our licensors) possess all legal rights, titles, and interests in and to the Service, including any intellectual property rights existing in the Service (whether registered or not, and wherever they exist globally), encompassing, but not limited to, all rights concerning copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, mask works, know-how, design rights, trade dress, trade secrets, inventions, ideas, processes, formulas, source code and object code, data, and similar rights, including information in any application, registration, or renewal thereof that may be protected under the intellectual property laws of any country. In addition to the foregoing, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the Service’s materials, as well as any copyrightable material and all intellectual property rights therein, are either owned or controlled by us, our licensors, or both.

You agree not to remove, obscure, or modify any proprietary rights notices (including copyright and trademark notices) affixed to or contained within the Service.

You agree that in utilizing the Service, you will not employ any trademark, service mark, trade name, or logo of any company or organization in a manner likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

2.4 The permissions you provide:

You maintain ownership and any other entitlements you possess in the Content you originate, post, upload, or otherwise contribute to, or make accessible on, the Service.

By producing content, you grant us a global, everlasting, fully sub-licensable (through multiple tiers), transferable, unchangeable, royalty-free, and non-exclusive authorization to utilize, host, store, replicate, adapt, alter (such as reformatting), translate, reorganize, publish, present publicly, display publicly, distribute, and otherwise utilize such Content, entirely or partly, in any way or medium, known now or created later, for any purpose, including, but not restricted to, (i) in association with our operations and (ii) in association with the operations of our successors, subsidiaries, and affiliated companies. The Service serves as a public platform, and other users of the Service may, and you hereby grant all users of the Service the authorization to, search, view, use, and/or share any Content that you make accessible to the public through the Service as permitted by the features and functions of the Service.

You consent to our utilization of your feedback, suggestions, or concepts in any manner, including in future alterations of the Service, other goods or services, advertising, or marketing materials. You provide us with an everlasting, worldwide, completely transferable, sublicensable, unchangeable, fully-paid, royalty-free authorization to use the feedback you offer to us in any manner.

You accept that we are not accountable for safeguarding and implementing any intellectual property rights conferred by you to us regarding this Agreement, and that we bear no responsibility to do so on your behalf.

By submitting Content, you also allow us to utilize your publicly available biographical details in connection with the utilization or publication of your Content.

You acknowledge that we may (a) transmit or distribute your Content across various public networks and in various media; (b) make modifications to your Content as needed to adapt and conform that Content to the technical standards of connecting networks, devices, services, or media; and (c) exhibit advertisements alongside your Content and/or utilize your Content for advertising and promotional purposes. You consent that the rights and licenses you extend to us in this Agreement authorize us to perform these actions.

You hereby consent to our placement of advertising, promotions, and affiliate links on the Service concerning your Content and without any obligation to you. The method, manner, and extent of such advertising, promotions, and links are subject to alteration without specific notice to you.

You affirm and guarantee to us that you possess all the rights, capability, authority, and power required to grant the aforementioned rights and licenses. To the degree that you individually engage in the sale of any products or services exhibited in Content that you generate through the Service, you affirm and guarantee to us that you possess all the necessary rights and authority to market such products and services.

  1. Information Collection and Use

We collect certain information about you when you use the Platform. This information may include your browsing history, IP address, and device information. We use this information to operate and improve the Platform and for analytics purposes.

3.1 Data Retention

We will retain your information for as long as it is necessary to provide you with the services offered on the Platform and to comply with applicable laws.

  1. Disclaimer of Warranties.

The provision of the service to you is on an “as is” and “as available” basis, devoid of any warranty or representation of any sort. We explicitly disclaim all warranties, whether explicit, implicit, statutory, or otherwise, to the maximum extent permitted by law, encompassing but not limited to any warranty of merchantability, title, non-infringement, quality, and/or suitability for a particular purpose. Without restricting the foregoing, we do not guarantee the accuracy, dependability, or comprehensiveness of any information provided by us in relation to your use of the service. Moreover, we do not assure that the service, inclusive of any data, files, and/or other information stored on a server owned or under our control, or in any way linked with the service, will fulfill your requirements or be continuously available, uninterrupted, free from errors, viruses, or secure. Certain jurisdictions may not allow the exclusion of specific disclaimers or limitations of warranties; thus, the above disclaimer might not be applicable to you. Any material obtained through the use of the service is at your own discretion and risk, and you solely bear responsibility for any loss or damage to your computer system or other devices, or loss of data arising from such material download. No advice or information, whether oral or written, acquired by you from us or through or from the service, will create any warranty not explicitly stated in the agreement. We disclaim any responsibility and assume no liability for any content submitted, posted, or transmitted over the service by you or any third party. You are solely accountable for your content and the outcomes of its posting or publication, and you acknowledge that we merely serve as a passive conduit for the online distribution and publication of content provided by you and other users.

  1. Termination

MakeOutfit may terminate your access to the Platform for any reason, at any time, without notice.  In addition to termination, MakeOutfit may also pursue all other available legal remedies, including seeking injunctive or equitable relief.

  1. Indemnification

You agree to indemnify, defend and hold harmless MakeOutfit and our officers, directors, employees, agents, licensors and suppliers (collectively, the “Indemnified Parties”) from and against any and all claims, losses, liabilities, expenses, including attorney’s fees, costs, and damages arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms.

  1. Use of the Service by You:
  1. The Service may include links to other websites maintained by third parties. We neither operate nor control, nor do we necessarily endorse the content found on third-party websites. You assume sole responsibility for your use of third-party links, websites, products, and services.
  2. You agree that: (i) You will use the Service solely for your personal use, in accordance with this Agreement and any specific rules or usage provisions specified by us on the Service. (ii) All information provided by you to us will be true, accurate, current, and complete. (iii) You will periodically review the latest version of this Agreement posted on the Service to check for any applicable amendments. We reserve the right, at our sole discretion, to deny or suspend access to the Service to anyone, at any time, and for any reason, without liability.
  3. You acknowledge and agree that your use of the Service, including the storage of any data, files, information, and/or other materials, shall be at your sole risk and responsibility. We have no obligation to back up such data and reserve the right to limit storage capacity and remove any data or files for any reason, including violation of this Agreement or any applicable law.
  4. You are solely responsible for any breach of your obligations under this Agreement and for the consequences of any such breach, including any loss or damage suffered by anyone.
  5. We cannot anticipate technical or other difficulties that may result in failure to obtain or loss of data, personalization settings, or other interruptions. We are not responsible for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data or communications.
  6. By connecting to the Service with a third-party service (e.g., Facebook), you grant us permission to access and use information provided to that service, as permitted by that service, and to store your log-in credentials for that service.
  7. You are solely responsible for your interactions with other users of the Service. We reserve the right, but are not obligated, to monitor and resolve disputes between users.
  8. Your interactions with merchants or advertisers found on or through the Service are solely between you and such parties. We are not responsible or liable for any loss or damage incurred as a result of such dealings.
  9. You agree not to use usernames, outfit titles, or descriptions that we deem offensive, obscene, or harassing. We reserve the right to require you to change your username or outfit title at any time and for any reason, at our sole discretion.
  10. You agree not using the Content to create derivative works, including but not limited to, AI models trained on the Content.
  1. Restrictions on Use of the Service:
  1. You represent, warrant, and agree that you will not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state, national, and international laws and regulations and treaties.
  2. You shall not use the Service for the distribution, housing, processing, propagation, storage, or other handling of any abusive, defamatory, harassing, libelous, lewd, obscene, pornographic, threatening, or tortuous material, or any false or misleading material, or any material that may create a risk of any loss or damage to any person or property, or any other material (including links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful.
  3. You shall not permit or otherwise enable unauthorized users to access and/or use the Service.
  4. The Service shall not be used to export software or data in violation of applicable U.S. laws or regulations.
  5. You are prohibited from selling, copying, duplicating, renting, leasing, loaning, distributing, transferring, or sublicensing the Service, or otherwise permitting any third party to use or have access to the Service for any purpose (except as expressly permitted by us in writing) or decompiling, reverse engineering, disassembling, modifying, creating a derivative work of, displaying in human readable form, or attempting to discover any source code for any software that enables or comprises any part of the Service.
  6. You shall not remove any copyright, trademark, patent, or other proprietary notices from the Service or from Content which you keep using the Service.
  7. The Service shall not be distributed, published, exhibited, or otherwise used in any manner and for any purpose not expressly permitted under this Agreement.
  8. Framing or utilizing framing techniques to enclose the Service, or any portion thereof, is prohibited.
  9. Exploiting the Service or collecting any data incorporated in the Service in any automated manner through the use of bots, meta spiders, crawlers, or any other automated means is prohibited.
  10. You shall not register as a user of the Service by providing false, inaccurate, or misleading information.
  11. Impersonating any person or entity, including, but not limited to, an employee of ours, or falsely stating or otherwise misrepresenting your affiliation with a person or entity, is prohibited.
  12. Collecting personal data about other users of the Service for commercial or any other purposes is prohibited.
  13. Attempting to gain unauthorized access to our computer systems (including any non-public areas of the Service) or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, probes for vulnerability, or impairs the functionality of the Service (or the servers and networks which are connected to the Service) is prohibited.
  14. Creating or attempting to create multiple user accounts is prohibited.
  15. Accessing or using the Service if you have been previously removed from the Service by us is prohibited.
  16. Using the Service to negotiate and/or enter into commercial transactions of any kind with other end users of the Service is prohibited.
  17. Using the Service to encourage any conduct that (1) violates any applicable law or regulation, or any term or condition of this Agreement, or (2) could create a risk of harm, loss, or damage of any kind is prohibited.
  18. Attempting to access or search the Service or Content or in order to scrape any Content or information from the Services, or otherwise use, upload Content to, or create new links, posts or referrals in the Service through the use of any computerized or mechanized process, engine, software, tool, agent device, or mechanism other than the software provided by us or other generally available third party web browsers is prohibited.
  19. Prohibited to use Platform  content to create derivative works, including but not limited to, AI (Artificial intelligent) models trained on the Content.
  1. Provision of the Service by Us:

We are continuously enhancing the Service to offer the best possible experience for its users. You understand and accept that the form and essence of the Service we provide may change periodically without prior notice to you. As part of this ongoing improvement, you acknowledge and agree that we reserve the right to refuse you access to the Service or cease providing the Service (either permanently or temporarily) to you or to users in general at our sole discretion, without any liability or advance notice to you. You have the option to discontinue using the Service at any time, and you are not required to inform us specifically when you choose to do so. You acknowledge and agree that if we deactivate access to your account, you may lose access to the Service, your account information, or any files or other Content stored in your account. Furthermore, you recognize and agree that although we may not have currently established a fixed upper limit on the storage space utilized for the Service, or the duration of time we will retain any information on your behalf, such limits may be imposed by us at any time, at our sole discretion. Any new features that enhance or complement the current Service will be subject to the terms of this Agreement.

  1. Access to the Service; Reservation of Rights:

Subject to your adherence to this Agreement, we hereby grant you a personal, revocable, worldwide, non-transferable, and non-exclusive privilege to access and utilize the Service for your personal use, enabling you to express yourself and engage in parody as explicitly permitted by the Service’s features. Additionally, we provide you with a limited, revocable, and non-exclusive right to create a hyperlink to our Website or its subdomains, provided that the link does not depict us, our affiliates, or the products or services offered by us or our affiliates in a false, misleading, derogatory, or otherwise offensive manner, solely judged by us. You are not permitted to assign (or sublicense) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any portion of your rights to use the Service, and any such attempt shall be deemed null and void at the time of such endeavor.

  1. Your Password and Account Security:

To utilize specific features and functionalities of the Service, you must establish an account with us and provide certain personal information about yourself. If you are under the age of thirteen (13), you are prohibited from creating an account or submitting personal information to us. You agree and acknowledge that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. You affirm that you have the legal capacity to enter into a binding contract according to the laws applicable to you. Consequently, you agree that you will be solely accountable to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or account, you agree to promptly notify us at [email protected].

  1. Modifications to Terms; Supplementary Regulations & Guidelines.

We retain the authority to alter, adjust, or amend this Agreement, either wholly or partially, at any given time. Periodically, we may inform you of supplementary or alternative regulations and guidelines concerning the Service. These regulations and guidelines will subsequently become integral parts of this Agreement. By continuing to utilize the Service following notice of modifications in this Agreement or updated regulations and guidelines, you acknowledge and consent to adhere to them for such usage. Should you oppose any such alterations, your only course of action is to discontinue using the Service.

  1. Limitation of Liability.

To the maximum extent permitted by law, under no circumstances shall we, our affiliates, or any of their directors, members, managers, officers, employees, agents, or third-party licensors be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages or losses arising from or in connection with this agreement and/or the service provided herein, or any other dealings with us, even if we have been advised of the possibility of such damages. This limitation of liability applies regardless of whether the damages arise directly or indirectly from: (i) the misuse of, or reliance on, the service provided herein; (ii) the inability to utilize the service for any reason, including, but not limited to, errors, omissions, interruptions, file deletions, defects, delays in operation, or any failure of performance such as acts of nature, communication failures, theft, or destruction; (iii) the interruption, suspension, or termination of the service; or (iv) the deletion and/or corruption of any data, information, documents, files, and/or any other materials stored on a server owned or controlled by us or in any way associated with the service. This limitation on liability applies notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. However, these disclaimers do not exclude any product liability claims, statutory consumer rights, damages resulting from personal injury, or damages arising from the intentional misconduct, recklessness, fraud, or gross negligence of the company.

  1. Waiver of Class Actions.

By agreeing to this Agreement, you consent to resolving any disputes related to it on an individual basis and refrain from participating in or joining any class action. You acknowledge that by agreeing to this provision and the dispute resolution terms above, we are able to provide the Service under the specified conditions, and that your agreement is an essential consideration for this Agreement. Furthermore, you acknowledge and understand that in relation to any dispute with us, our officers, directors, employees, agents, or affiliates arising from your use of the Service or this Agreement:

– You are relinquishing your right to a trial by jury; and

– You are relinquishing your right to act as a representative, private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any legal action concerning such a dispute.

  1. Severability Clause.

Should any provision within this Agreement be deemed invalid, unenforceable, or contrary to applicable law, it shall be interpreted, limited, or adjusted as necessary to rectify the invalidity, unenforceability, or conflict with applicable law, while all other provisions of this Agreement shall remain valid and enforceable.

  1. Non-Assignment, Non-Sublicense, and Non-Transfer Clause.

You are prohibited from assigning, sublicensing, or transferring this Agreement or any rights or obligations herein without our prior written consent. Any such attempted assignment, sublicense, or transfer shall be deemed null and void, and we, at our sole discretion, reserve the right to promptly terminate this Agreement.

  1. Communication by Electronic Means.

You consent to receiving electronic communications from us, which may include email, notices posted on our Website, “push” mobile notifications, and other forms of communication. You acknowledge that all agreements, notices, disclosures, and other communications sent to you electronically will fulfill any requirement for written communication and, where intended, will be legally binding terms or amendments to this Agreement.

  1. Entire Agreement Clause.

This Agreement constitutes the entire understanding and agreement between the parties concerning its subject matter. Provisions that, by their nature, should survive the termination of this Agreement, including but not limited to rights and licenses granted herein, indemnities, releases, disclaimers, limitations of liability, provisions related to choice of law, class actions, and trial by jury, shall endure beyond the expiration of this Agreement. Any waiver of or commitment not to enforce any right under this Agreement shall only be enforceable if evidenced by a written document signed by the party granting such waiver or commitment. No vendor, distributor, dealer, retailer, agent, salesperson, or other individual is authorized by us to amend this agreement or to make any warranty, representation, or promise that differs from or adds to the warranties, representations, or promises explicitly stated in this agreement.