Thank you for using the Trove platform to exchange your costumes (“Wardrobe.
Any and all payment processing services through or in connection with your use of the Trove Platform (“Payment Services“) are provided to you by one or more Trove Payments entities (individually and collectively, as appropriate, “Trove Payments“) as set out in the Payments Terms of Service (“Payments Terms“).
Members alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings (as defined below).
1.1 The Trove Platform is an online marketplace that enables registered users (“Members”) to communicate and transact directly with other Members that are seeking to rent the use of costumes.
1.2 As the provider of the Trove Platform, Trove does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings, nor is Trove an organizer or retailer of costumes. Members alone are responsible for their Listings. When Members make or accept a rental, they are entering into a contract directly with each other. Trove is not and does not become a party to or other participant in any contractual relationship between Members, nor is Trove an insurer over any Member’s conduct. Trove is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While Trove may help facilitate the resolution of disputes, Trove has no control over and does not warrant or guarantee (i) the existence, quality, safety, suitability, or legality of any Listings, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Trove does not endorse any Member, Listing. Trove neither provides verification or monitoring services over Members, nor certification about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable.
1.4 If you choose to use the Trove Platform to List or rent your costume, your relationship with Trove is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Trove for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Trove. You acknowledge and agree that you have complete discretion whether or not to list or rent cosplay costumes through the Trove Platform.
1.5 To promote the Trove Platform and to increase the exposure of Listings to potential Members, Listings and other Member Content (as defined below) may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Trove cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations.
1.6 The Trove Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Trove is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Trove of such Third-Party Services.
1.7 Due to the nature of the Internet, Trove cannot guarantee the continuous and uninterrupted availability and accessibility of the Trove Platform. Trove may restrict the availability of the Trove Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Trove Platform. Trove may improve, enhance and modify the Trove Platform and introduce new Trove Services from time to time without notice to you.
2.1 In order to access and use the Trove Platform or register as a Member by creating a Member Account (as defined below) you must be an individual at least 18-years-old or have reached the age of majority in your country and able to enter into legally binding contracts.
2.2 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or an equivalent version of background checks in your local jurisdiction (if available).
Trove reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Trove Platform and update the “Last Updated” date at the top of these Terms. We also will attempt to provide you with notice of the modifications by email at least thirty (30) days before the date they become effective by sending an email message to the last listed address that we have. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Trove Platform will constitute acceptance of the revised Terms.
4.1 To access and use certain features of the Trove Platform, such as publishing a Listing or renting a Wardrobe, you must first become a Member by registering an account (“Member Account“).
4.2 You can register a Member Account using an email address and creating a password. You have the ability to revise the information in your Member Account at any time, by accessing the “Member” section of the Trove Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Member Account and public Member Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Member Account unless Trove authorizes you to do so. You may not assign or otherwise transfer your Member Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Member Account credentials and may not disclose your credentials to any third party. You must immediately notify Trove if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Member Account. You are liable for any and all activities conducted through your Member Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 If you offer a Wardrobe for rent, you are required to have a Paypal Account so that you can be paid.
5.1 The Trove Platform enables Members to (i) create, upload, post, send, receive and store content, such as text, photos or other materials and information on or through the Trove Platform (“Member Content“); and (ii) access and view Member Content and any content that Trove itself makes available on or through the Trove Platform, including proprietary Trove content and any content licensed or authorized for use by or through Trove from a third party (“Trove Content” and together with Member Content, is collectively “Collective Content“).
5.2 The Trove Platform and Collective Content may individually or in its entirety be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Trove Platform and Collective Content, including all associated intellectual property rights, are the exclusive property of Trove and/or its Members, licensors or authorized third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Trove Platform or Collective Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Trove used on or in connection with the Trove Platform and Trove Content are trademarks or registered trademarks of Trove in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Trove Platform or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Trove Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Trove or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Trove grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Trove Platform and accessible to you, solely for your personal and non-commercial use.
5.6 You are solely responsible for all Member Content that you make available on or through the Trove Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Trove Platform or you have all rights, licenses, consents and releases that are necessary to grant to Trove the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Trove’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Trove’s Content Policy or any other Trove policy. Trove may, without prior notice, remove or disable access to any Member Content that Trove finds to be in violation of applicable law or these Terms, or otherwise may be harmful or objectionable to Trove, its Members, third parties, or property.
5.8 We respect the intellectual property of others, and we ask our Members to do the same. Accordingly, Trove has adopted the following Copyright Compliance Policy. If you believe your copyright has been infringed, the copyright owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
a. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
b. Identification of the copyrighted work claimed to have been infringed;
c. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
d. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s copyrighted work that is to be removed and information reasonably sufficient to permit us to locate such materials;
e. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrighted work that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
On notice, we will act expeditiously to review and if necessary to remove any Collective Content on the Site that infringes the copyrights of others and will disable the access to the Site and its services of anyone who uses the Trove Platform to repeatedly infringe the copyrights of others. Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.
6.1 Trove may charge fees for Member transactions through the Site (“Service Fees“) in consideration for the use of the Trove Platform, which will be added to the total at checkout. For instance, Trove may charge a commission fee to each Member in a transaction of renting or receiving Wardrobes. Fees will be stated at the time of rental.
6.2 Any applicable Service Fees, including any applicable Taxes (as defined below) will be displayed to a Member prior to renting a Wardrobe from a Listing. Trove reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any rentals made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to Trove. The applicable Service Fees (including any applicable Taxes) are collected by Trove Payments. Trove Payments will deduct any Service Fees from the Member’s Account before remitting the payout to the Member. Except as otherwise provided on the Trove Platform, Service Fees are non-refundable.
7.1 Terms Applicable to All Listings.
7.1.1 When creating a Listing through the Trove Platform you must (i) provide complete and accurate information about your Wardrobe (such as listing description, size, shipping conditions, timing, and calendar availability), (ii) disclose any restrictions and requirements that apply and (iii) provide any other pertinent information requested by Trove. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, additional insurance, special shipping, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Member requests a rental of your Listing, you may not request that the Member pays a higher price than in the rental request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Wardrobe. Trove reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the Trove Platform may vary and depend on a variety of factors, such as Member search parameters and preferences, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, and/or ease of renting.
7.1.6 When you accept or have pre-approved a rental request by another Member, you are entering into a legally binding agreement with the other Member and are required to provide your Wardrobe to the other Member as described in your Listing when the rental request is made. You also agree to pay the applicable Service Fee and any applicable Taxes.
7.1.7 Trove recommends that Members obtain appropriate insurance for their Wardrobes. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of rentals and the other Member’s use thereof.
7.2 Limits on Liability.
7.2.1 Trove has no responsibility or liability whatsoever for any Listings or events notices on the Trove Platform. You agree that your sole and exclusive remedy for any problems with the renting of a Wardrobe lies with the specific Member who made the Listing, and not Trove.
7.2.2 EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS, TROVE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL LISTINGS AND WARDROBES. EXCEPT AS SPECIFICALLY SET FORTH IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL LISTINGS AND WARDROBES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT.
7.2.3 Subject to Section 230 of the Communications Decency Act, 47 U.S.C. § 230, Trove disclaims all liability for any events posted by its Members on the Trove Platform.
7.3 Wardrobe Listings.
7.3.1 Unless expressly allowed by Trove, you may not list more than one Wardrobe per Listing.
7.3.2 If you choose to require a security deposit for the rental of your Wardrobe, you must specify this in your Listing (“Security Deposit“). Members are not allowed to ask for a Security Deposit (i) after a rental has been confirmed or (ii) outside of the Trove Platform.
7.3.3 You represent and warrant that any Listing or Images you post on the Trove Platform will (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Member renting Wardrobes, you are responsible for your own acts and omissions.
7.4 Insurance. Trove provides minimum levels of insurance for its members. This insurance applies only to Wardrobes valued at or below $3,000. Members must settle any claims above the $3,000 limit directly between themselves or their own insurance carriers.
- Trove reserves the right to deny insurance claims that it believes in its sole discretion to be fraudulent. Trove reserves the right to deny an insurance claim if a member continues to rent Wardrobes to members who have previously lost or damaged Wardrobes that were subject to a Trove insurance claim.
- For Wardrobes that are damaged beyond repair, at Trove’s sole discretion, a member may be required to mail the damaged Wardrobe to Trove before receiving an insurance payout. If a member who rented your costume or accessory refuses to return the item(s) to the member who owns the Wardrobe item, Trove may require a police report before issuing an insurance payout. If Trove, in its sole discretion, agrees that your costume is beyond repair and Trove issues a 100% insurance payout, then Trove reserves the right to keep the damaged Wardrobe.
- Trove recommends that Members obtain appropriate insurance for their Wardrobes with their own insurance carriers.
8.1 Terms Applicable to All Rentals.
8.1.1 Subject to meeting any requirements set by Trove, you may rent Wardrobes to other Members through the Trove Platform by following the respective rental process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Insurance, and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to renting a Wardrobe. You agree to pay the Total Fees for any rental requested in connection with your Member Account.
8.1.2 Upon receipt of a rental confirmation from Trove, a legally binding agreement is formed between you and the other Member, subject to any additional terms and conditions, including any applicable cancellation policy or any rules and restrictions specified in the Listing. Trove Payments will collect the Total Fees at the time of the rental request or upon the Member’s confirmation.
8.2 Renting Wardrobes.
8.2.1 You understand and acknowledge that a confirmed rental of a Wardrobe is a limited license granted to you by a Member to use the particular Wardrobe for the limited period of time as designated in the Listing, in accordance with your agreement with the Member, and not a sale of the Wardrobe. You further understand, acknowledge and agree that Trove or its Members may place limits on the rental of Wardrobes, including but not limited to restricting orders placed under a single Member account or shipping address. Trove reserves the right to limit, cancel or prohibit any rentals of Wardrobes for any reason in its sole discretion, including but not limited to availability and geographic concerns.
8.2.2 You agree to return the Wardrobe under the terms of the specific Listing as mutually agreed upon between you and the Member. A Member, in its sole discretion, may permit you to extend your rental time through a later date. Any extensions are subject to any already scheduled orders for that Wardrobe and to pre-payment of the additional Fees applicable to that Wardrobe for the period of time of the extension. If you retain the Wardrobe past the agreed upon return time without the other Member’s consent, you no longer have a license to use the Wardrobe and the other Member is entitled to make you return the Wardrobe in a manner consistent with applicable law. In addition, you agree to pay, if requested by the other Member, Fifty Dollars ($50.00) for each twenty-four (24) hour period (or any portion thereof) that you have not returned a Wardrobe to cover the inconvenience suffered by the other Member, plus all applicable Taxes, and any legal expenses incurred by the other Member to make you return the Wardrobe. If the Wardrobe is not returned within seven (7) days following the expiration date of the rental period, or any extension granted thereof, then Trove will deem the Wardrobe to be bought by you, and Trove will charge you an amount equal to Two Hundred Percent (200%) of the retail value of the Wardrobe. At which time, you will own the Wardrobe, though on an “AS IS” basis without warranty of any kind, express or implied.
8.2.3 If you do not pay the amounts you owe to Trove or the other Member when due, then Trove may, among other remedies available to it and its Members, institute collection procedures against you. You agree to pay Trove’s costs of collection, including without limitation reasonable attorneys’ fees. Besides filing for collection, Trove reserves all of its rights to seek other remedies at law or in equity.
9.1 You may make modifications to your Listings at any time, provided you have not already accepted or pre-approved a rental request by another Member.
9.2 Members are responsible for any modifications to a Listing or event post that they make via the Trove Platform (“Listing Modifications“), and agree to pay any additional Listing Fees and/or Taxes (if any) associated with such Listing Modifications.
9.3 Members may cancel a confirmed rental at any time provided the Member complies with the cancellation provisions under such Listing. Unless extenuating circumstances exist, any portion of the Total Fees due to the Member under the applicable Listing’s cancellation policy will be refunded to the other Member.
10.1 Within a certain timeframe after completing a rental, Members can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Trove. Ratings and Reviews are not verified by Trove for accuracy and may be incorrect or misleading. Your reliance on any Rating or Review is at your own risk.
10.2 Ratings and Reviews by Members must be accurate and must comply with Trove’s Rules of Conduct set forth in Section 11 below.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Trove Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
- Your use of the Site and the Trove Platform is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, or through your Member Account. You shall not use, allow, or enable others to use the Trove Platform, the Ratings or Reviews, or knowingly condone use of the Trove Platform, the Ratings or Reviews by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, the Trove Platform, our goodwill, name or reputation or cause duress, distress or discomfort to us, our Members or anyone else, or discourage any person from using all or any portion, features or functions of the Trove Platform;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
- forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States of America), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
- gain unauthorized access to the Trove Platform, other Members’ accounts, or other computers, websites or web pages, connected or linked to the Trove Platform or to use the Trove Platform in any manner which violates or is inconsistent with the Terms;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Trove Platform;
- use, display, mirror or frame the Trove Platform or Collective Content, or any individual element within the Trove Platform, Trove’s name, any Trove trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Trove Platform, without Trove’s express written consent;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Trove Platform;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Trove Platform or the rights or use and enjoyment of the Trove Platform by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other Member in connection with their use of the Trove Platform, unless you have obtained the express, prior permission of such Member to do so.
- You acknowledge that Trove has no obligation to monitor the access to or use of the Trove Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Trove Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Trove in good faith, and to provide Trove with such information and take such actions as may be reasonably requested by Trove with respect to any investigation undertaken by Trove or a representative of Trove regarding the use or abuse of the Trove Platform.
- If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Trove by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
- You agree to indemnify, defend and hold Trove, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all third party claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of these Terms by you, or resulting from your Listings or event postings or any content you provide, submit or make available on or through the Trove Platform or your unauthorized use of any content uploaded to the Trove Platform. Trove reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Trove in the defense of any such claim, action, settlement or compromise negotiations, as requested by Trove, including payment of all money damages awarded or agreed to in any such action or settlement.
12. Damage to Wardrobe, Disputes between Members.
- You are responsible for your own acts and omissions and are also responsible for the acts of others when using a Wardrobe. As such, you agree to treat the Wardrobe with great care because you are responsible for any loss, destruction or damage to the Wardrobe, other than ordinary wear and tear, including without limitation stains, rips or any other material damage. If you return a Wardrobe that is damaged beyond ordinary wear and tear as determined by the Member renting you the Wardrobe in its sole discretion, then you agree, subject to Section 12.2 below, that Trove shall charge you, and you shall pay, the price for repairing or replacing the Wardrobe, as determined in Trove’s sole discretion.
- Subject to Section 7.4 above, if a Member claims and provides evidence that you have damaged a Wardrobe (a “Damage Claim“), the Member can seek payment through Trove’s resolution center (“Resolution Center”). If a Member forwards a Damage Claim to Trove, you will be given an opportunity to respond. If you agree to compensate the Member for the Damage Claim, or Trove determines in its sole discretion that you are responsible for the Damage Claim, Trove via Trove Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms.
- Members agree to cooperate with and assist Trove in good faith, and to provide Trove with such information and take such actions as may be reasonably requested by Trove, in connection with any Damage Claims or other complaints or claims made by Members relating to Damage Claims.
13.1 Members are solely responsible for determining their obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes or rental taxes associated with their Listings (“Taxes“).
13.2 You agree to indemnify, defend and hold Trove, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your failure to pay any Taxes to the proper governmental authorities.
- These Terms shall be effective for a 30-day term (“Initial Term), at the end of which it will automatically and continuously renew for subsequent 30-day terms (each a “Renewal Term”) until such time when you or Trove terminates the Terms in accordance with this provision. The Initial Term and any Renewal Term is collectively, the “Term”.
- You may terminate these Terms at any time by sending us an email. If you cancel your Member Account, if you have any outstanding confirmed rentals, they will be automatically cancelled and a refund will be returned to the other Member depending upon the terms of the Listing’s cancellation policy.
- Without limiting our rights specified below, Trove may terminate your membership for convenience at any time by giving you thirty (30) days’ prior notice via email to your registered email address.
- Trove may immediately, without notice, terminate your membership and/or stop providing access to the Trove Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, or our Rules of Conduct; (ii) you have violated applicable laws, regulations or third party rights, or (iii) Trove believes in good faith that such action is reasonably necessary to protect the personal safety or property of Trove, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
- In addition, Trove may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, or our Rules of Conduct, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Member Account registration, Listing process or thereafter, (iv) you have repeatedly received poor Ratings or Reviews or Trove otherwise becomes aware of or has received complaints about your performance or conduct, (v) you have repeatedly cancelled confirmed rentals or failed to respond to rental requests without a valid reason, or (vi) Trove believes in good faith that such action is reasonably necessary to protect the personal safety or property of Trove, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed rentals;
- limit your access to or use of the Trove Platform;
- temporarily or permanently revoke your Member Account;
- temporarily or in case of severe or repeated offenses permanently suspend your Member Account and stop providing access to the Trove Platform.
- In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Trove and an opportunity to resolve the issue to Trove’s reasonable satisfaction.
- When these Terms has been terminated, you are not entitled to a restoration of your Member Account or any of your Member Content. If your access to or use of the Trove Platform has been limited or your Member Account has been suspended or this Agreement has been terminated by us, you may not register a new Member Account or access and use the Trove Platform through an Member Account of another Member.
- Sections 5 and 14 through 20 of these Terms shall survive any termination or expiration of this Agreement.
- If you choose to use the Trove Platform or provide a Listing or Collective Content, you do so voluntarily and at your sole risk. The Trove Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
- You agree that you have had whatever opportunity you deem necessary to investigate the Trove Services, laws, rules, or regulations that may be applicable to your Listings you are providing and that you are not relying upon any statement of law or fact made by Trove relating to a Listing.
- If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
- You agree that some events may carry inherent risk, and by participating in such events, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after your participation in an event.
- The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Trove Platform and Collective Content, your publishing or offering of any Listing via the Trove Platform, your rental of any Wardrobe, participation in any event or any other interaction you have with other Members or the Site whether in person or online remains with you. Neither Trove nor any other party involved in creating, producing, or delivering the Trove Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Trove Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Trove Platform, or (iv) from your offering a Listing or renting a Wardrobe, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Trove has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
To the maximum extent permitted by applicable law, you agree to release, defend (at Trove’s option), indemnify, and hold Trove and its affiliates and subsidiaries and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Rules of Conduct, (ii) your improper use of the Trove Platform or any Trove Services, (iii) your interaction with any Member, rental of Wardrobe, participation in an event, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, or (iv) your breach of any laws, regulations or third party rights.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Trove Platform (“Feedback“). You may submit Feedback by emailing us, through the Trove Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
19. Hyperlinks to Third Party Sites.
This Agreement and your use of the Trove Platform shall be governed by, construed and enforced in accordance with the substantive laws of the District of Columbia applicable to contracts made, executed and wholly performed in that District, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the applicable State and Federal Courts situated in the District of Columbia and agree you will not object to such exclusive jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Trove has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction.
Although the Site may be accessible worldwide, we make no representation that Member Content thereon or Listings provided through the Trove Platform are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories that prohibit such access is prohibited. Those who choose to access the Site or interact with the Trove Platform from foreign locations do so on their own initiative and are responsible for compliance with all local laws. Any offer for rental of Wardrobes made in connection with the Trove Platform is void where prohibited.
22. General Provisions.
- Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between Trove and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Trove and you in relation to the access to and use of the Trove Platform.
- No joint venture, partnership, employment, or agency relationship exists between you and Trove as a result of this Agreement or your use of the Trove Platform.
- These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
- Trove’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
- You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Trove’s prior written consent. Trove may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
- The Site and the Trove Platform, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, as well as any accompanying documentation or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other works, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Copyrighted Content“), are the property of Trove and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors.
- All Copyrighted Content on the Site and Trove Platform is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Trove authorizes you to access Copyrighted Content and grants you the right to use the Site and Trove Platform solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Copyrighted Content you display, print or reproduce from the Site. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Web site) or otherwise use, any Copyrighted Content without the express prior written consent of Trove. Any unauthorized or prohibited use of any Copyrighted Content, including use in contravention of these Terms, may subject you to civil liability, criminal prosecution, or both.
- The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks”) on or of the Site are the intellectual property of and proprietary to Trove, its advertisers, suppliers and others with whom Trove may do business. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express, prior, written consent of Trove. You may not use any meta tags or any other “hidden text” utilizing the Marks without our express written consent. Any unauthorized use terminates the permission or license granted by Trove.
- A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.