Empire Threads Terms of Use

These Terms of Use, together with the Privacy Policy of Empire Threads (the “Company”) set forth the terms and conditions (“Terms”) that apply to your access and use of the Company website, located at https://www.empirethreadsrentals.com/ (together, the “Site”). “Empire Threads” includes Madeline Berger, doing business as “Empire Threads”, and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents. The services of the Company may include, but are not limited to, creating a network of costume designers within the area of Berkeley, California, showcasing their designs on the Site, connecting designers with potential clients and providing information about related services, resources and products, including the rental of costumes and accessories (collectively, the “Services”).

By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 24 below. Because the Company provides a wide range of services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. These Terms state that any disputes between you and the Company must be resolved in arbitration or small claims court.

1. Account Security. To use the Site, you must (i) be at least 18 years of age; (ii) have not previously been suspended or removed from the Site and/or prevented from using the Services; and (iii) register for (if applicable) and use the Site in compliance with any and all applicable laws and regulations.

1. Account Registration. To access some features of the Site, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address, phone number and other contact information, and to create a username and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from the Company for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at [email protected].

1. Specific Requirements for Certain Services. Your use of the Site and its Services constitutes your acknowledgment and acceptance of the following specific requirements and terms of use for certain of the Company’s services. [For example, if you download and use the Company’s mobile application, you may be subject to certain App Store Terms].

1. Prohibited Conduct. You agree not to:

1. Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;

1. Violate or encourage others to violate the rights of the Company or any third parties, including intellectual property rights;

1. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

1. Interfere in any way with security-related features of the Site;

1. Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;

1. Access, monitor, or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without the Company’s express written permission;

1. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or

1. Sell or otherwise transfer the access granted herein.

1. Third Party Content. The Site may contain links to third party websites and services. The Company provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that the Company has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content. The Company 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 the use of any such third-party websites or services.

1. Intellectual Property. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to the Company through this Site. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to the Company, except third-party trademarks or service marks, which are the property of their respective owners.

1. User Content. You represent and warrant that you own or otherwise have the right to use any content you post to the Site. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact us the contact information provided below:

Madeline Berger

Company: Empire Threads

Mailing Address: 2703 Seventh St, Berkeley, CA 94710

Phone: (510) 230-3008

Email: [email protected]

1. Pricing. The prices for Services and products that may be displayed for use, purchase or rental via the Site (or via linked third-party sites) may not include taxes, shipping, or handling charges (to the extent applicable). Any applicable taxes, shipping, or handling charges (to the extent applicable) will be communicated to you before you place an order. The prices displayed on the Site are quoted in U.S. dollars.

1. Product Information. We make every effort to present the most recent, accurate, and reliable information on the Site at all times. However, occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Products or Services displayed may be out of stock, discontinued or no longer available, and prices are subject to change. The Company is not responsible for errors regarding price, availability, or any other matter. Likewise, the Company does not warrant the accuracy of customer product ratings, comments, or feedback. Additionally, occasionally there may be information on the Site pertaining to third-party vendors or service providers and/or links directing you to third-party websites (any such information or third-party websites, “Third-Party Information”). The Company does not warrant the accuracy of and is not responsible for the accuracy of any such Third-Party Information.

1. Payment. By submitting an order for products or Services through the Site (if applicable), you agree to pay in advance the price of the products or Services ordered (including any applicable security deposit) and any applicable taxes, shipping and handling, and/or other charges. You may make payment by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Site. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

1. Purchase History. Your order history (if applicable) may include such details as product and/or Service description, product image, Services used, Service price, units rented, rental price, transaction date, store details where the product or Services were ordered, shipping updates, order number, or product manuals, warranties, and instructions. All information related to your order history is solely owned by us at all times, but may be made available to you in our sole discretion for your review upon request.

1. Processing Orders. If any problems arise with your order, or with the shipping address (if applicable) or Method of Payment associated with your order, and we are unable to resolve the problem, we may notify you via the contact information provided at the time of your order. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future orders until the problem has been resolved.

1. Cancellation. We reserve the right to cancel, modify, or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person, or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests. Conversely, in the event you wish to cancel an order, you must do so within 24 of placing such order, otherwise your order shall be processed and charged to the applicable form of payment.

1. Indemnification. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless the Company from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

1. Reliance on Information Posted. The information presented on or through the Site, or any Third-Party Information made available through third-party sites linked to the Site, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information or any Third-Party Information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or Third-Party Information by you or any other visitor to the Site, or to third-party sites linked to the Site, or by anyone who may be informed of any of the Site’s contents.

1. Termination. If you violate these Terms, your permission to use the Site will automatically terminate. In addition, the Company, in its sole discretion, may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Site and/or Services at any time, with or without notice to you. You may terminate your account at any time by contacting the Company at [email protected]. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but the Company may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.

1. Modification of the Terms. The Company reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Site and/or Services following notice will be deemed acceptance of any modifications to the Terms.

1. Disclaimers of Warranties. The Site is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although the Company seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. The Company specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. The Company does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.

1. Limitation of Liability. In no event will the Company be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not the Company has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.

1. Governing Law. These Terms are governed by the laws of the United States and the State of California, without regard to conflict of law principles. Subject to Section 23, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and the Company agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Alameda County or Contra Costa County, California, for the purpose of litigating any such disputes.

1. Geographic Restrictions. We provide the Site for use only by persons located in the United States. We make no claims that the Site is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

1. Dispute Resolution by Binding Arbitration. In the interest of resolving disputes between you and the Company in the most expedient and cost-effective manner, you and the Company agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.

1. Modification of the Site. The Company reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.

1. General.

A. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and the Company regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.

B. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

C. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.

D. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

1. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

Last updated: [October 2024]

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