Terms of Service
In the Site, Top Drawer provides users with access to sales of luxury, contemporary, and vintage resale items and related services ("the Service"). You are responsible for obtaining access to the Site, including any third-party fees and equipment necessary to access the Site.
LICENSE AND SITE ACCESS
Top Drawer grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site or the framing of any Content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Top Drawer's sole discretion) an unreasonable or disproportionately large load on Top Drawer's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Top Drawer to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the license granted to you by Top Drawer.
You are not permitted to access the Service or Site if you are under the age of 18 or if your account has been suspended or removed by Top Drawer for any reason. You may have only one active account. You are prohibited from selling, trading, or transferring your Top Drawer account to another party. If you do not meet these eligibility requirements, you may not use the Service or the Site.
You warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's check-out form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Top Drawer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Top Drawer has the right to suspend or terminate your account and refuse all current or future use of the Site and Service. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. You shall notify Top Drawer immediately of any unauthorized use of your account or any other breach of security. Top Drawer reserves the right to refuse service, terminate accounts, or remove/edit content for any reason.
The Site and Service may provide you and other users the ability to send messages or post content (together, "Postings") to or for other users and non-users. Top Drawer is under no obligation to review any Postings and assumes no responsibility or liability related thereto. However, Top Drawer may monitor the Postings on the Site or Service and may decline to accept and/or remove any Postings. You acknowledge that you are responsible for any Postings you submit through the Site or Service, including the legality, reliability, appropriateness, originality and copyright of any such Postings. You may not upload to, distribute or otherwise publish postings through this Site that:
- are confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights; that are unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful (ex: racially or ethnically), or are otherwise objectionable. This includes, but is not limited to any content that encourages conduct constitutes a criminal offense, violates the rights of any party, or otherwise gives rise to civil liability, or otherwise violates any applicable U.S. or foreign laws;
- may contain software viruses or malware;
- contain advertisement, solicitations, or other commercial content;
- are designed to impersonate others;
- contain personal information (such as phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
- contain messages by non-spokesperson employees of Top Drawer purporting to speak on behalf of Top Drawer or containing confidential information or expressing opinions concerning Top Drawer;
- contain messages that offer unauthorized downloads of any copyrighted, confidential, or private information;
- contain multiple messages placed within individual folders by the same user restating the same point;
- contain chain letters of any kind; or
- contains mass messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.
You acknowledge that Top Drawer's authentication process is in-house. Brands or designers identified on the Site are not involved in the authentication of the product(s) being sold. None of the brands sold assumes any responsibility for any products purchased through the Site or Service. Brands sold on the Site are not affiliated with Top Drawer. However, Top Drawer will cooperate with brands seeking to identify the source of counterfeit items, and will reveal contact information of any consignor who submits counterfeit items.
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. TOP DRAWER DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR: THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR SERVICE BY ANY PARTY; ANY CONTENT PROVIDED ON LINKED SITES, OR; THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL TOP DRAWER BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. SEEK THE ADVICE OF PROFESSIONALS REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT TOP DRAWER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOP DRAWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM USE OF THE SITE, CONTENT, OR ANY RELATED SERVICES.
You will indemnify and hold harmless Top Drawer from and against any and all fines, penalties, liabilities, losses, and other damages of any kind (including attorneys’ and experts’ fees), incurred by Top Drawer and such parties, and you shall defend Top Drawer and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (3) fraud you commit, or your intentional misconduct or gross negligence; or (4) your violation of any applicable U.S. of foreign law or the rights of a third party. Top Drawer will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Top Drawer.
Top Drawer shall be excused from performance under these TOS, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions, other elements of nature, or acts of God, (2) acts of war or terrorism, insurrection, riots, civil disorders ,or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond control of Top Drawer. In the event that Top Drawer is unable to deliver or ship to you a purchased item because of such an event, Top Drawer will give you the option of deferring shipment or receiving a refund of your charges.
The Site, Service or third parties may provide links to other websites or resources. Because Top Drawer has no control over such sites and resources, you acknowledge and agree that Top Drawer is not responsible for the availability of such external sites or resources, and does not endorse/is not responsible or liable for any content, advertising, products or other materials on such websites or resources. You further acknowledge and agree that Top Drawer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
NOTIFICATION OF CHANGES
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Top Drawer. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Top Drawer. Information and content including any software programs available on or through the Service or Site (“Content”) may protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.
CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Top Drawer may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe the intellectual property of a third party. If you believe that your work has been copied or your intellectual property rights have been violated, please provide Top Drawer the following information:
- an electronic signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest;
- a description of the copyrighted work or intellectual property;
- a description of the location of material you claim has been infringed;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
Top Drawer's agent for notice of claims of copyright/intellectual property infringement is as follows:
By email: email@example.com
Top Drawer may update this address.
SURVIVAL OF TERMS
Notwithstanding any other of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these TOS.
If any of these conditions are deemed invalid, void, or unenforceable, the parties agree that the unenforceable condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Top Drawer may offer special promotional offers which may or may not apply to your Top Drawer account. Headings are for reference purposes only and do not limit the scope or extent of such section. These TOS and the relationship between you and Top Drawer will be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the federal and state courts located in the County of Spartanburg, South Carolina, with respect to any legal proceedings arising in connection with these TOS. The failure of Top Drawer to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Top Drawer does not guarantee it will take action against all breaches of these TOS. Except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. These TOS constitute the entire agreement between you and Top Drawer and govern your use of the Site and Service (other than any Additional Terms), superseding any prior agreements between you and Top Drawer.
If you have any questions or comments, please contact us by email at firstname.lastname@example.org