Does It Fit My Butt

Terms of Service

DIFMB Terms of Service

Last Updated: November 27, 2016

Welcome to Does It Fit My Butt, also known as DIFMB.

The DIFMB App is a mobile application owned and operated by DIFMB, LLC, a Georgia limited liability company (“DIFMB”).

The following Terms and Conditions, or “Terms of Service”, govern your access to and use of the DIFMB app, including any content, functionality and services offered on or through the or the DIFMB app (the “App”), or by DIFMB, LLC, as applicable. Please read the Terms of Service carefully before you use the app.

1. Your Acceptance of these Terms

This is an legally binding agreement between DIFMB, LLC, a Georgia Limited Liability Company, the owner and operator of the DIFMB app (the “App”) and you (“you” or “You”), a user of the App.  This agreement sets out your rights and responsibilities when you use the App provided by DIFMB. By downloading and using the DIFMB App or visiting or using the difmb.com website and domain name, any other linked pages, features, content, mobile application, and any other services we offer from time to time in connection with any of the foregoing (collectively, the “Services), you acknowledge and agree to the practices and policies set forth in these Terms of Service, and DIFMB’s Privacy Policy, which can be found (here), and which is incorporated herein by reference.  If you do not agree with these practices and policies set forth in these Terms of Service, you may choose not use the DIFMB App.  This Policy may be updated from time to time for any reason, at our sole discretion, so please check the Policy periodically for updates.

The DIFMB App is offered and available to users who are 18 years of age or older.  By using our Services, you represent that you are at least 18.  By using the DIFMB App, you represent and warrant that you are of legal age to form a binding contract with the DIFMB and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the DIFMB App.  Our Services are not intended for children under 18 years of age. No one under age 18 may provide any information to or on the DIFMB App. We do not knowingly collect information from children under the age of 18. If you are under 18, do not use or provide any information on the DIFMB App or on or through any of its features, make any purchases through the DIFMB App, use any of the interactive features of the DIFMB App or provide any information about yourself to us. If we learn we have collected or received information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at legal@difmb.com.

You acknowledge that DIFMB does not provide clothing or shopping services, or generate information regarding outfits or garments.  All content herein is generated by users of the DIFMB app.

If you have any questions regarding the App or our Terms of Service, please contact our customer service support team at support@difmb.com .

2. Your Account with DIFMB

You’ll need to create an account with DIFMB in order to use our DIFMB App. Here are a few rules about accounts with DIFMB:

  1. There is no cost to become a registered user of our DIFMB App.
  2. You must be 18 or older to use our DIFMB App.
  3. You may not impersonate another person or company through your account. If we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our DIFMB App.
  4. Choose an appropriate user handle. A handle that is offensive, vulgar, or infringes someone’s intellectual property rights or violates the Terms of Service is prohibited. Your handle cannot be changed once it has been chosen.
  5. You are responsible for your account and for any activity on your account. You may not share an account with other people. Your account is not transferable.
  6. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
  7. These Terms of Service do not create any agency, partnership, joint venture, employment or franchisee relationship between you and DIFMB. The DIFMB app Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms.

3. Your Privacy

We know your personal information is important to you, and we care about your privacy.  Our Privacy Policy details how your information is used when you use our App, and it’s also a part of our Terms, so please read it here.

4. Key Terms

User: A DIFMB App user is a registered member of the DIFMB community. The user may act in the role of a buyer, a seller, or both. Users can also create, participate, or spectate in the shopping game, “Scavenger Hunts” within the DIFMB app.

Sellers: Sellers are DIFMB App users who post garments (and their associated details) and outfits to the App for other users to browse.  Sellers have the opportunity for other users to purchase their details and earn a commission from this sale.

Buyers: Buyers are DIFMB App users who browse outfits and garments posted by other users.  They have the opportunity to purchase garment details for $0.99.

Garments: Garments are individual items of clothing

Outfits: Outfits are clothing ensembles comprised of one or more garments.

Free Details: Free details include information about a garment including the date found, price range, color, and location, and are offered without charge to the DIFMB app user.

Purchased Garment Details: These garment details are a digital product available for sale in-app and include information about a garment including the retailer, location, brand, item name, size, price, and style number of a garment and are available for purchase for $0.99. Details may or may not include information about the fabric/material, patterns, and additional notes.

Purchases: Purchases occur when a DIFMB App user purchases the digital product referred to as “garment details” for $0.99.

Commissions: Commissions are made when a DIFMB App user (acting as a Seller) posts a garment and its associated details to the DIFMB App and another user (acting as a Buyer) purchases the details for $0.99. The user (acting as a seller) receives a commission of $0.50.

Revenue:  Revenue is the money sellers earn from other users purchasing their garment details.

Scavenger Hunt: A Scavenger Hunt is a skill-based shopping game available to DIFMB users within the DIFMB app. No purchase is necessary to participate in a Scavenger Hunt, and is for entertainment purposes only.

Scavenger Hunt Creator: Users can create an in-app Scavenger Hunt and invite other DIFMB app users to participate.

Scavenger Hunt Participant: Users can participate in public and/or private Scavenger Hunts created within the DIFMB app.

Scavenger Hunt Spectator: Users can spectate (watch) the progress of a Scavenger Hunt created within the app without having to participate in the shopping game.

5. Roles within the DIFMB App

Overview

Users

Sellers

Buyers

Scavenger Hunt Creators

Scavenger Hunt Participants

Scavenger Hunt Spectators

6. Scavenger Hunts

A Scavenger Hunt is a skill-based shopping game available to DIFMB users within the DIFMB app. No purchase is necessary to participate in a Scavenger Hunt. Participants must be 18 or older, and are subject to all of the terms and agreements herein. Scavenger Hunts are for entertainment purposes only, and can only be created within the DIFMB app.

During Scavenger Hunts, users compete with other DIFMB users (Participants) to find the outfits associated with the Scavenger Hunt. Participants win by either being the first to find all of outfits listed, or by earning the most points the fastest within the allotted time.

The specific game rules, scoring rules, controls and guidelines for the Scavenger Hunt can be found within the help text of the DIFMB app. Such rules, scoring rules, controls and guidelines form part of these terms and users agree that they shall comply with them, and all terms and conditions, in respect of each Scavenger Hunt they choose to access, participate, or spectate. In short:

ADDITIONAL RULES REGARDING OUTFITS SUBMITTED DURING A SCAVENGER HUNT:

ADDITIONAL SCAVENGER HUNT TERMS:

SCAVENGER HUNT PRIZES/WINNER CLAIM CODES

7. User Generated Content

User Generated Content refers to the content added by DIFMB app users. All content uploaded to DIFMB app by our users (Buyers, Sellers, and Scavenger Hunt Participants) is User Generated Content. DIFMB does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, DIFMB is not responsible for the content, quality, or accuracy of garment details provided by the Sellers. We provide no warranty with respect to the photographs, garment details, or outfit details that are exchanged between buyers and sellers. We encourage users to take advantage of our rating system, as well as our reporting and blocking features. By posting photos, garment details and outfits, the seller undertakes that the user has sufficient permissions, rights and/or licenses to display these items on the DIFMB app.

DIFMB retains the right to remove any user generated content that violates the terms of service, including but not limited to poor quality outfit photos, inappropriate outfit photos, inaccurate garment details, offensive photographs or garment details, offensive avatar photo, offensive handle, or offensive bio details. Note: It is our policy in appropriate circumstances to disable and/or terminate the accounts of any users who are repeat infringers.

8. Typical Usage of the App

The DIFMB app and its services are intended for personal use only. DIFMB grants you a limited, non-exclusive, nontransferable, non-sublicensable license to access and view the DIFMB app content and access and use the mobile application provided. As a User of this App, you agree not to use, cause, or launch any automated system or program or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of the App or unduly burdening or hindering the operation and/or functionality of any aspect of the app. You agree not to attempt to accesses the App in a manner in a way that exceeds what a human can reasonably access in the same period by using the DIFMB App. You agree not to attempt to gain unauthorized access to or impair any aspect of the App or its related systems or networks. Notwithstanding the foregoing, we disallow any efforts to reverse-engineer our system or our body profile algorithm, decompile, disassemble, or explore outside the boundaries of the normal requests made by a DIFMB app user. By accepting these terms, you agree not to collect or harvest any personally identifiable information, including bio information, profile pictures, outfit information, or body measurements from the App, nor to use this App for commercial solicitation or spam purposes. You may not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the DIFMB App or user generated content within the App.

9. Intellectual Property Rights

The design of the DIFMB App, along with any associated text, scripts, graphics, interactive features and the like, except User Generated Content (as defined above), and the trademarks, service marks and logos contained therein, are owned by or licensed to DIFMB, LLC subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The App is provided to you AS IS for your information and personal use only. DIFMB reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any aspect of the App other than expressly permitted herein.

10. Third Party Sites

These Terms of Service apply to all users of the DIFMB App. Information provided by our users through the DIFMB app may contain references to third party websites that are not owned or controlled by DIFMB. DIFMB has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, DIFMB will not and cannot censor or edit the content of any third-party site. By using the DIFMB App, you expressly acknowledge and agree that DIFMB shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

11. Warranty Disclaimer

You agree that your use of the DIFMB app shall be at your sole risk. To the fullest extent permitted by law, DIFMB, LLC disclaim all warranties, express or implied, in connection with the App and your use thereof. DIFMB makes no warranties or representations about the accuracy or completeness of this App’s content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our App (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our app, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our App through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the DIFMB app. DIFMB does not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party through a hyperlinked website or vendor, and DIFMB will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

12. Limitation of Liability

In no event shall DIFMB, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our app, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the DIFMB app, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that DIFMB shall not be liable for user generated content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The app is controlled and offered by DIFMB from its facilities in the United States of America. DIFMB makes no representations that the DIFMB app is appropriate or available for use in other locations. Those who access or use the DIFMB app from other jurisdictions do so at their own volition and are responsible for compliance with local law.

13. Indemnity

You agree to defend, indemnify and hold harmless DIFMB, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the DIFMB App; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user generated content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the DIFMB app.

 

 

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