In June of 2020, we wrote a letter expressing
solidarity in light of racially motivated violence
and police brutality. As hate crimes against the
AAPI community have garnered national attention and
six Asian women were murdered in Atlanta on March 16,
we once again feel compelled to raise our voice.
Within our team, our ties to Asian heritage and
culture run deep and we stand with the diverse
AAPI community; with the families of Xiaojie Tan,
Daoyou Feng, Soon C. Park, Hyun J. Grant (née Kim),
Suncha Kim, Yong A. Yue, Delaina Ashley Yaun, and
Paul Andre Michels; and once again with all people
who have experienced violence and oppression due
to racial and gender discrimination.
In the fight against racism, we are stronger together.
To us, current events highlight the importance of
education on AAPI history in the U.S., and the need
to support and uplift that community in the present
moment. It also reinforces the importance of
actively opposing the prejudice that all marginalized
groups in this country face. To that end, we’ve
compiled resources to aid in these pursuits.
These movements strengthen each other in their
collective power, and we hope you will join us
in committing to the fight.
Modern Citizen is a fashion brand, but, at the end
of the day, we’re a group of women — Asian women,
Black women, and women of other diverse
backgrounds — who feel called to use our platform
to actively condemn hate, violence, and misogyny.
To all of our fellow citizens who have experienced
discrimination: we hear you, we value you, and we
are with you.
Though we’re in the business of helping you get dressed, it’s so
much more than the clothes we wear. It’s about being an active
participant in a world that is for everyone, where no fellow
person’s humanity is exalted or denied based on the color of
their skin. Being a Modern Citizen means not only condemning
acts of racism in this country, but doing the work to bring
forth a better society for all of us.
We stand in solidarity with the families of Ahmaud Arbery,
Breonna Taylor, George Floyd, and all victims of brutality
against Black communities; with people of Asian descent
experiencing COVID-related racism; and with the countless
other people of color affected by racially motivated cruelty
and discrimination. As a diverse and passionate team, this
feels intensely personal to us. Yet our hope is that all
of the wonderful Modern Citizens in our community consider
this a personal cause as well, regardless of their own
backgrounds. That united thinking is how we move forward.
In the words of Desmond Tutu, “If you are neutral in situations of
injustice, you have chosen the side of the oppressor.” We are not
choosing the path of neutrality, and we hope you will join us in
taking steps of action towards building a just and anti-racist society.
The educational and charitable resources (which our team members have
personally used and supported) linked to this post are great places
Our hearts go out to all of our fellow citizens and neighbors
affected by racism past and present. We see you, we support you,
many of us are you, and those of us who are not are committed to
doing the work to create a world in which you feel safe, valued
and human. This is what it means to be a Modern Citizen.
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form or survey, participate in a contest or promotion, make a purchase, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, billing and shipping address, phone number, payment information and any other information you choose to provide.
Information We Collect Automatically When You Interact with Us
When you access or use our Services or otherwise transact business with us, we automatically collect information about you, including:
Transaction Information: We collect information about your transactions with us, including product details and the date and location of the transaction.
Device and Usage Information: We collect information about how you access and use our Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type and app version. We also collect information about your activity on our Services, such as access times, pages viewed, links clicked and the page you visited before navigating to our Services.
Location Information: In accordance with your device permissions, we may collect information about the geolocation of your device. You may stop the collection of precise location information at any time (see Your Choices section below for details).
Information Collected by Cookies and Other Tracking Technologies: We (and our service providers) use tracking technologies, such as cookies and web beacons, to collect information about you. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies and how to disable them, please see the “Your Choices” section below.
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect from you, such as from identity verification services, mailing list providers, event partners, and data co-ops. For example, if you create or log into your Modern Citizen account through a social media service, we will have access to certain information from that service, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media service.
Information we Derive or Infer
We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your location based on your IP address or infer that you are looking to purchase certain products based on your browsing behavior and past purchases.
Use of Information
We use the information we collect for various purposes, including to:
Provide, maintain and improve our Services, and develop new products and services;
Provide and deliver the products and services you request, process transactions and send you related information, including confirmations, receipts, customer experience survey and recall notices;
Personalize and improve your experience on our Services and in our stores;
Send you technical notices, updates, security alerts and support and administrative messages;
Respond to your comments, questions and requests and provide customer service;
Communicate with you about products, services, offers, promotions, rewards, and events offered by Modern Citizen and others, and provide news and information we think will be of interest to you (see the “Your Choices” section below for information about opting out of these communications at any time); Provide and administer certain programs, such as our Loyalty Program;
Monitor and analyze trends, usage and activities in connection with our Services;
Personalize the advertisements you see on third-party platforms and websites (for more information, see the “Advertising and Analytics Services Provided by Others” section below);
Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
Detect, investigate and prevent security incidents and other malicious, deceptive, fraudulent or illegal activity and protect the rights and property of Modern Citizen and others;
Debug to identify and repair errors in our Services;
Comply with our legal and financial obligations; and
Carry out any other purpose described to you at the time the information was collected.
Sharing of Information
With vendors, consultants and other service providers who need access to such information to carry out work on our behalf, such as companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention, marketing and advertising, analytics and customer service;
With third parties for their own services and marketing purposes, unless you opt out of this type of sharing by contacting us at email@example.com;
In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Modern Citizen or others;
With our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
Between and among Modern Citizen and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
With your consent or at your direction, such as when you submit a product review or post content in public areas of our Services.
We also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Advertising and Analytics Services Provided by Others
Transfer of Information to the U.S. and Other Countries
Modern Citizen is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer and storage of information in and to the U.S. and other countries, where you may not have the same rights and protections as you do under local law.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
You may opt out of receiving marketing emails from Modern Citizen by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as those about your account, any orders or transactions you place, or our ongoing business relations.
You may opt out of receiving text messages (SMS) from Modern Citizen by replying “stop” to any message.
Mobile Push Notifications
With your consent, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Your California Privacy Rights
The California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.) and the Shine the Light law (Cal. Civ. Code § 1798.83) afford consumers residing in California certain rights with respect to their personal information. If you are a California resident, this section applies to you.
California Consumer Privacy Act
In the preceding 12 months, we have collected the following categories of personal information: identifiers, financial information, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual, or similar information and inferences. For details about precise data points we collect and the categories of sources of such collection, please see the “Collection of Information” section above. We collect personal information for the business and commercial purposes described in the “Use of Information” section above. In the preceding 12 months, we have disclosed the following categories of personal information for business purposes to the following categories of recipients:
Modern Citizen does not sell your personal information. We do allow our advertising partners to collect certain device identifiers and electronic network activity via our Services to show ads that are targeted to your interests. To opt out of having your personal information used for targeted advertising purposes, please see the “Advertising and Analytics Services Provided by Others” section above.
If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please email us at firstname.lastname@example.org.
We offer various financial incentives. For example, we may provide discounts, coupons, and other benefits for customers who sign up to receive our marketing emails or join certain discount programs. When you participate in a financial incentive, we collect personal information from you, such as identifiers like your name and email address and commercial information like your purchase history. You can opt into a financial incentive by following the sign-up instructions, and you have the ability to opt-out of the incentive at any time by contacting us via email at email@example.com. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up. The value of your personal information is the value of the offer or discount presented to you.
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at firstname.lastname@example.org.
Last Updated: July 24, 2020
services offered by Modern Citizen Inc. (“Modern Citizen”). By visiting
the websites or using the services in any manner, you agree that you have
read and agree to be bound by and a party to the terms and conditions of
this agreement to the exclusion of all other terms. If the terms of this
agreement are considered an offer, acceptance is expressly limited to such
terms. If you do not unconditionally agree to all the terms and conditions
of this agreement, you have no right to use the website or services. Use
of Modern Citizen’s services is expressly conditioned upon your assent to
all the terms and conditions of this agreement, to the exclusion of all
1. Access to the Services
The www.moderncitizen.com website and domain name and any other linked
pages, features, content, or application services (including without
limitation any mobile application services) offered from time to time by
Modern Citizen in connection therewith (collectively, the “Website”) are
owned and operated by Modern Citizen. Subject to the terms and conditions
of this Agreement, Modern Citizen may offer to provide certain services,
as described more fully on the Website, and that have been selected by you
(together with the Website, the “Services”), solely for your own use, and
not for the use or benefit of any third party. The term “Services” includes,
without limitation, use of the Website, any service Modern Citizen performs
for you and the Content (as defined below) offered by Modern Citizen on
the Website. Modern Citizen may change, suspend or discontinue the Services
at any time, including the availability of any feature, database, or Content.
Modern Citizen may also impose limits on certain features and services or
restrict your access to parts or all of the Services without notice or
liability. Modern Citizen reserves the right, in its sole discretion, to
modify this Agreement at any time by posting a notice on the Website, or
by sending you a notice via email or postal mail. You shall be responsible
for reviewing and becoming familiar with any such modifications. Your use
of the Services following such notification constitutes your acceptance of
the terms and conditions of this Agreement as modified.
Modern Citizen does not knowingly collect or solicit personal information
from anyone under the age of 13 or knowingly allow such persons to register
for the Services. If you are under 13, please do not attempt to register
for the Services or send any information about yourself to us, including
your name, address, telephone number, or email address. No one under age
13 may provide any personal information to Modern Citizen or on the Services.
In the event that we learn that we have collected personal information from
a child under age 13 without verification of parental consent, we will
delete that information as quickly as possible. If you believe that we
might have any information from or about a child under 13, please contact
us at email@example.com. You represent and warrant to Modern Citizen
that: (i) you are an individual (i.e., not a corporation) and you are of
legal age to form a binding contract or have your parent’s permission to
do so, and you are at least 13 years or age or older; (ii) all registration
information you submit is accurate and truthful; and (iii) you will maintain
the accuracy of such information. You also certify that you are legally
permitted to use and access the Services and take full responsibility for
the selection and use of and access to the Services. This Agreement is
void where prohibited by law, and the right to access the Services is
revoked in such jurisdictions.
2. Web Services and Content
The Website, the Services, and their contents are intended solely for the
personal, non-commercial use of Services users and may only be used in
accordance with the terms of this Agreement. All materials displayed or
performed on the Services (including, but not limited to text, graphics,
articles, photographs, images, illustrations (also known as the “Content,”
and which includes User Submissions (as defined below)) are protected by
copyright. You shall abide by all copyright notices, trademark rules,
information, and restrictions contained in any Content accessed through
the Services, and shall not use, copy, reproduce, modify, translate, publish,
broadcast, transmit, distribute, perform, upload, display, license, sell
or otherwise exploit for any purposes whatsoever any Content or third
party submissions or other proprietary rights not owned by you: (i) without
the express prior written consent of the respective owners, and (ii) in
any way that violates any third party right.
The Website and the Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Website or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Modern Citizen or from the copyright holder identified in such Content’s copyright notice. If you link to the Website, Modern Citizen may revoke your right to so link at any time, at Modern Citizen’s sole discretion. Modern Citizen reserves the right to require prior written consent before linking to the Website.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Modern Citizen will not be liable for any errors or omissions in any content. You understand that Modern Citizen cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Modern Citizen cannot guarantee the authenticity of any data which users or Merchants (as defined below) may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Modern Citizen be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Modern Citizen’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Modern Citizen; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Modern Citizen reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Modern Citizen is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Modern Citizen, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Modern Citizen and to grant Modern Citizen the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
4. Warranty Disclaimer
Modern Citizen has no special relationship with or fiduciary duty to you. You acknowledge that Modern Citizen has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Modern Citizen from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Modern Citizen makes no representations concerning any content contained in or accessed through the Services, and Modern Citizen will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Modern Citizen makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual color, texture, size, fit, quality, or use of such products or services). Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Modern Citizen or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. The services, content, website, products and services obtained through the website, and any software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
6. Registration and Security
As a condition to using some aspects of the Services, you may be required to register with Modern Citizen and select a password and user name (“Modern Citizen User ID”). If you are accessing the Services through a third party site or service (such as “Facebook Connect”), Modern Citizen may require that your Modern Citizen User ID be the same as your user name for such third party site or service. You shall provide Modern Citizen with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Modern Citizen User ID a name of another person with the intent to impersonate that person; or (ii) use as a Modern Citizen User ID a name subject to any rights of a person other than you without appropriate authorization. Modern Citizen reserves the right to refuse registration of or cancel a Modern Citizen User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to Modern Citizen, and you are consenting to have the information in those accounts transmitted into your Modern Citizen account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
You will indemnify and hold Modern Citizen, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
8. Limitation of Liability
To the fullest extent allowed by applicable law, in no event shall Modern Citizen or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the website or the services or the subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of $100 or the fees paid by you for the services and any products or services purchased through the services during the 12-month period preceding the applicable claim; (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond modern citizen’s reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
9. Products and Orders; Fees and Payment
You may choose to purchase products through the Services (“Products”). The prices for Products are quoted in U.S. currency and are valid only in the United States. Prices are subject to change at any time. Sales tax may be added to the base price of a Product. Although our basic Services are currently free to users, Modern Citizen reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Modern Citizen reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid to Modern Citizen for the Services are non-refundable.
10. Interaction with Third Parties
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Modern Citizen shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Modern Citizen is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Modern Citizen, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Modern Citizen may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Modern Citizen may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. If you have placed an order prior to termination of this Agreement or your membership, please note that such order may be cancelled upon such termination.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Modern Citizen shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Modern Citizen’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Modern Citizen’s prior written consent. Modern Citizen may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Modern Citizen in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
13. Arbitration; Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
14. Copyright Dispute Policy
Modern Citizen has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Modern Citizen’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Modern Citizen’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; 2. Identification of works or materials being infringed; 3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Modern Citizen is capable of finding and verifying its existence; 4. Contact information about the notifier including address, telephone number and, if available, email address; 5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent, it is Modern Citizen’s policy:
1. to remove or disable access to the infringing material; 2. to notify the content provider, member or user that it has removed or disabled access to the material; and 3. that repeat offenders will have the infringing material removed from the system and that Modern Citizen will terminate such content provider’s, member’s or user’s access to the Services.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below: 1. A physical or electronic signature of the content provider, member or user; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; 3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and 4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Modern Citizen is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Modern Citizen may send a copy of the counter-notice to the original complaining party informing that person that Modern Citizen may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Modern Citizen’s discretion.
Please contact Modern Citizen’s Designated Agent to Receive Notification of Claimed Infringement at the following address: mailto:firstname.lastname@example.org.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at email@example.com.
Effective: November 1, 2013
Due to our variety of styles and fits, sizing may vary between products — please use this as a general guide.
2 - 4
6 - 8
10 - 12
12 - 14
14 - 16
31 - 33"
34 - 35"
36 - 37"
38 - 39"
40 - 41.5"
43 - 45"
25 - 26"
27 - 28"
29 - 30"
31 - 32"
33 - 34.5"
35 - 37"
35.5 - 36.5"
37.5 - 38.5"
39.5 - 40.5"
42.5 - 43.5"
44 - 45.5"
45 - 47"
If you are between sizes or need assistance selecting the proper size, please email firstname.lastname@example.org.
Shoes — Size Conversions
Due to our variety of styles and fits, sizing may vary between products — please use this as a general guide.
2 - 4
6 - 8
10 - 12
12 - 14
14 - 16
31 - 33"
34 - 35"
36 - 37"
38 - 39"
40 - 41.5"
43 - 45"
25 - 26"
27 - 28"
29 - 30"
31 - 32"
33 - 34.5"
35 - 37"
35.5 - 36.5"
37.5 - 38.5"
39.5 - 40.5"
42.5 - 43.5"
44 - 45.5"
45 - 47"
If you are between sizes or need assistance selecting the proper size, please email email@example.com.