1 About Common Ace
Welcome to www.commonace.com! www.commanace.com is a platform that provides users with access to third parties’ sales of apparel and luxury goods.
www.commonace.com (the “Site”) is brought to you by Common Ace, Inc. and its licensees and assignees (referred to in these Terms as “we”, “us”, “our”, and “Common Ace”). Common Ace provides services in connection with the Site and other related services to you (collectively, “Services”). We are a company incorporated in California, with a mailing address at 12650 Huston Street, Los Angeles, CA 91607. We can also be reached at email@example.com.
When you visit the Site or are using any Services, you access linked pages, social media accounts, features, and content that is owned or licensed by Common Ace, including any information, text, graphics, photos, lists of items compiled by Common Ace, links, or other materials uploaded by Common Ace and made downloadable to you, any materials appearing on, or linked to the Services (collectively, the “Content”).
2 Acceptance of terms
These Terms & Conditions (the “Terms”) together with our Privacy and Cookies Policy [INSERT HYPERLINK] govern your access to and use of the Site, Services and Content. Your access to and use of the Services and Content is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
3 Limitation of use
The Services that Common Ace provides are always evolving and the form and nature of the Services that Common Ace provides may change from time to time. Common Ace retains the right to create limitations on use and storage at its sole discretion at any time without prior notice or any liability to you.
4 Terms subject to amendment without notice
Common Ace also reserves the right to revise these Terms in its sole discretion at any time by posting the revised Terms on the Site and prompting you to accept any such changes on your next visit to the Site. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision.
Your acceptance of a revised version of the Terms and your continued use of the Site and Services, after a revised version of the Terms has been posted by Common Ace to the Site constitutes your binding acceptance of such revision and the revised Terms. Notwithstanding the preceding sentences of this paragraph, no revisions to these Terms will apply to any dispute between you and Common Ace that arose prior to the date of such revision.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET FORTH BELOW, PLEASE BE NOTED THAT YOU MAY NOT USE THIS SITE OR ANY SERVCES OF COMMON ACE.
I. BASIC TERMS
5 Accessing, Modifying and Deleting Your Personal Information
Upon your request, Common Ace will provide you with information regarding what personal information of yours is collected, processed and stored by Common Ace. Common Ace will also modify or delete your personal information upon your request. You may make such requests regarding your personal information by contacting us at firstname.lastname@example.org.
6 Age and other restrictions for use of Services
You may use the Site and Services only if you are at least 13 years of age. We do not knowingly market or facilitate our Services or the offering of products for purchase by children. You may only use the Services if you are legally capable of forming a binding contract (or if you are under 18 years old, but over 13 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Services under the laws of the United States or any other applicable jurisdiction.
7 Processing of personal and sensitive information
All personal and sensitive information disclosed by you on the Services will be collected and processed in accordance with our Privacy and Cookies Policy.
8 Compliance with Laws and User’s Warranty
You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
You warrant that all information provided to Common Ace is true and accurate.
II. PURCHASE PRODUCTS
9 Payment, shipment and limited refund
Common Ace offers third party branded clothing and accessories that provided to you through links to third party websites. We welcome you to contact us at email@example.com to make inquiries for gaining access to our partners’ websites.
10 Data related to website redirecting
The personal data you provide to us will be collected, stored and processed in accordance with our Privacy and Cookies Policy. When you clink on product links on our Site, you will be redirected to a third party’s website and your personal data may be collected, stored, and processed by the third party according to the third party’s privacy policies. Common Ace has no control over any third party’s activities.
11 No liability in respect of information provided to third parties
We take reasonable care to make our Services secure. We take reasonable care, in so far as it is in our power to do so, to keep the information you provide, the information of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering through the Services.
III. ACCESSING THE SERVICES
12 Services not available from time to time
Although the Services are normally available, there will be occasions when the Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Common Ace.
13 Right to withdraw and modify the services
We do not guarantee your access to Services at all time, and we reserve the right to withdraw or amend the Services without notice and the right to modify, restrict access or terminate access to the Services at any time for any reason.
14 No liability for unavailability of Services
We will not be liable if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all persons who access Services through your internet connection are aware of these Terms, and that they comply with them.
15 Deletion of Content without notice
Common Ace reserves the right to delete any Content for any reason, without prior notice to you. Deleted Content may be stored by Common Ace in order to comply with certain legal obligations and is not retrievable without a valid court order.
IV. INTELLECTUAL PROPERTY
16 IP Rights
All intellectual properties (including but not limited to copyright, trademarks, registered and unregistered designs, database rights, domain names and goodwill in all Content included on the Site and in trademarks, including all text, designs, graphics, logos, photographs and images), except any third party intellectual properties associated with the displayed goods on the Site, are the exclusive properties of Common Ace and is protected by applicable laws around the world. Any commercial use, including the reproduction, modification, distribution and transmission of any Content without the prior written consent of Common Ace is strictly prohibited.
Common Ace grants you a limited revocable license to access and use the Site and the Services for its intended purposes, subject to your compliance with these Terms. This license does not include the right to collect or use information contained on the Site for purposes prohibited by us, create derivative works based on the Site or Services, or download or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this license or breach these Terms, Common Ace may revoke the license granted to you.
“COMMON ACE” “COMMONACE” and logo are trademarks in the United States owned and used by Common Ace. Common Ace’s trademarks are important company assets and Common Ace requires that they be used properly and with proper authorization from Common Ace. To protect its trademarks, Common Ace rigorously takes actions against any trademark violations.
17 Procedure for Claim of Intellectual Property Infringement
Common Ace respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Common Ace the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;
iii. a description of where the material that you claim is infringing is located on the Site;
iv. your address, telephone number, and email address;
v. 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;
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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
For notice of claims of copyright or other intellectual property infringement, Common Ace can be reached as follows:
By mail: 12650 Huston Street, Los Angeles, CA 91607.
By email: firstname.lastname@example.org
Common Ace may update these addresses from time to time.
V. RESTRICTIONS ON THE USE OF THE SERVICES
18 User Restrictions
You shall not use the Services:
- in any way that violates any local, national or other laws or regulations or any order of a court in any relevant jurisdiction;
- for any purpose that is not permitted by these Terms;
- in any way that infringes the rights of any person or entity, including their privacy or contractual rights;
- to promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;
- to access, tamper with, cause damage to, or use non-public areas of the Services, Common Ace’s computer systems, servers, equipment or other systems used by Common Ace;
- to access or attempt to access any data of other users of the Services or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services, including but not limited to cancelbots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
- to copy, modify, or distribute any Content without the consent of Common Ace;
- for commercial purposes other than as expressly permitted in these Terms;
- to bypass measures used to prevent or restrict access to the Services;
- to solicit or provide unlawful services;
- to harvest or otherwise collect information about others without their consent;
- to gain unauthorized access to the Services, the server on which the Services are stored or any server, computer or database connected to the Services;
- to forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Services to send altered, deceptive or false source-identifying information;
- to scrape, crawl or spider or otherwise use the Services for phishing, spamming, trolling or any unauthorized (commercial) purpose; or
- to promote or support or solicit involvement in any political platform or cause, religion (recognized as organized or unorganized), cult or sect of any kind.
19 Reservation of rights
Common Ace reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to:
- satisfy any applicable law, regulation, legal process or governmental request;
- enforce the Terms, including investigation of potential violations hereof;
- detect, prevent, or otherwise address fraud, security or technical issues,
- with limitation, respond to user support requests, or;
- protect the rights, property or safety of Common Ace, its users and the public.
20 Security and unauthorized access
While we will do what we can to protect the security of the information you upload and your account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your information submitted to Common Ace.
VI. ACCURACY OF INFORMATION
21 Accuracy of information
We attempt to be as accurate as possible when describing our Services on the Site, however, we do not warrant that the product descriptions, information or other content available on the Site are accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing, product condition and availability, and we reserve the right correct such errors upon notice. We apologize for any inconvenience.
22 Access at your risk
The Services Are Available “as-is”
Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
Without limiting the foregoing, COMMON ACE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATION), GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED.
23 No liability for harm caused by accessing Services
Common Ace makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content thereon. Absent fault, Common Ace will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content. You also agree that Common Ace has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Common Ace makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Common Ace or through the Services, will create any warranty not expressly made herein.
24 No liability for damage caused by viruses
We do not provide any warranty or representation that the Services are free from infection by third parties’ viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services.
VII. LIMITATION OF LIABILITY
25 Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMMON ACE AND ITS EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTIES RESPONSIBLE FOR THE CREATION, MAINTENANCE AND UPKEEP OF THE SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMMON ACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OF THIS SITE OR ANY COMPUTER VIRUSES ON YOUR COMPUTER OR ELECTRONIC DEVICES. IN NO EVENT SHALL COMMON ACE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
VIII. REPRESENTATIONS & WARRANTIES
26 Users’ representations and warranties
You represent and warrant that you:
- have the full power and authority to enter into and perform under the Terms;
- will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party; and
- will comply with all applicable laws, rules, and regulations.
You will indemnify and hold Common Ace and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any portion of these Terms.
If you have to indemnify Common Ace under this Section, Common Ace will have the right to control the defense, settlement, and resolution of any Claim, as long as they are reasonable, at your sole expense. You may not settle or otherwise resolve any Claim without Common Ace’ express written permission.
28 Right to assign
Common Ace has the right, at its election, to assign this Policy or any of its rights hereunder, or delegate any of its obligations hereunder in whole or in part, to any person, firm, or corporation. You will not have the right to assign or transfer any rights hereunder.
29 Arbitration clause
If a dispute arises from or relates to this Policy, your use of the Common Ace Site or Services or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree that any such unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds one hundred thousand dollars ($100,000), in which case the dispute shall be heard by a panel of three (3) arbitrators. The place of arbitration shall be Los Angeles, California. The arbitration shall be governed by the laws of the State of California. The prevailing party shall be entitled to an award of reasonable attorney fees, if awarded by the arbitrator(s).
30 Disputes related to copyrights
Notwithstanding the foregoing, if a third party claim is brought against either party for copyright infringement, violation of rights of publicity, rights of privacy, or other unauthorized use of content which is contrary to the rights granted in this Policy, the parties shall not be bound by this arbitration provision and may defend themselves and make a claim against the other party in the appropriate court of law and/or equity.
In the event of a dispute arising out of this Policy and not subject to the arbitration provision above, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees.
XII. GOVERNING LAW
32 Governing Law; Disputes resolution
These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California state between California residents, without regard to conflict of law provisions.
The parties to these Terms agree that any claim or dispute arising under these Terms must be resolved by a court located in Los Angeles, California, except as otherwise agreed by the parties or as described in the Arbitration provision above. The parties agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes.
33 Class Action Waiver
Where permitted under applicable law, you and Common Ace agree that each may bring claims only against the other in your or its individual capacity, and not as a class member in any purported class or representative action. Unless both you and Common Ace agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
34 Entire Agreement
These Terms together with the Privacy and Cookies Policy contain the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes and replaces all prior negotiations or proposed agreements, written or oral. The parties acknowledge that no other party, nor agent or attorney of any other party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the undersigned to execute this Agreement, and acknowledge that the undersigned have not executed these Terms in reliance upon such promise, representation or warranty not contained herein.
You may be subject to additional agreements that may apply when you use affiliate services, third-party content or third-party software.
Every provision herein is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable.
35 Contact details
If you have any questions about these Terms, the practices of Common Ace, or your dealings with this Site, please contact us at email@example.com.
These Terms have been drawn up in the English language. In case of discrepancies between the English text version of these Terms and any translation, the English version shall prevail.
Last Revised: January 6, 2020