Terms and Conditions of UseLast Updated: June 3, 2022
Welcome to VMOD, a digital fashion marketplace at https://vmod.com
operated by SwatchOn Co., Ltd. (“SwatchOn
”, or “our
”), where you can purchase and enjoy your digital fashion looks. SwatchOn is a corporation incorporated in the Republic of Korea (“Korea
”) with its principal place of business at 286 Gwangnaru-ro, 5th & 7th Floor, Ain Building, Seongdong-gu, Seoul, Korea. These Terms and Conditions of Use (this “Agreement
”) are a binding legal agreement between you and SwatchOn. We assume that you have read, understand and agree to this Agreement and that you agree to comply with all applicable laws and regulations, as you use our VMOD website (the “Site
”). If you do not agree to this Agreement, please do not use the Site. If there is anything that you do not understand in this Agreement, please reach out to us at firstname.lastname@example.org
. You hereby agree that we are entitled to make changes to this Agreement from time to time, in which case we will provide you with notice of such changes.
The term “Services
” as used in this Agreement includes any services and features provided by VMOD related to the purchase of a digital fashion item created by or on behalf of VMOD (“DFI
”). DFIs are associated with digital content in diverse formats and sometimes with physical items as well.
2. Using VMOD Site
You can register with the Services and create your account by submitting your email address within the Site. You need to provide us with accurate information as needed in order for you to use the Services appropriately. You should not sell, rent, lease, or give access to your account to any third party. You are solely responsible for keeping access to your account safe. By registration, you are confirming that you fully understand the terms and conditions of this Agreement, that you fully agree to this Agreement, that you are capable of using VMOD legally in your country of residence, and that you will comply with all applicable laws and regulations with respect to your use of VMOD and your activities on VMOD. Upon registration, we may guide you to sign up and agree to receive our marketing emails, etc. However, it is optional and you can choose whether or not to sign-up and agree to receive our marketing emails.
b. Identity Verification and Suspension of Account
We may ask you to verify your identity and to provide additional documentation, as permitted by applicable laws. We shall have the right to immediately suspend your account, pause or cancel your access to our Services, or terminate or close your account, if we suspect, in our sole discretion, that:
- Your account is being used for money laundering, to evade sanctions and/or to engage in any other illegal or unethical activity;
- You have provided false or misleading information, or failed to provide required information;
- You have engaged in fraudulent activity; or
- You have engaged in any activity or transaction in violation of this Agreement.
c. Third Party Sites and Services
We may provide links to third party websites or services in order to provide you with better experience and services (“Third Party Services”). Third Party Services are not under our control, and thus, we shall not be responsible for their operations and services.
d. Your Responsibility
When using VMOD, you confirm that you:
- are capable, in your country of residence, of entering into a legally binding agreement to use the Services;
- will not use the Services if any applicable law in your country prohibits you from doing so; and
- will comply with all applicable laws and regulations with respect to your use of the Services
When using VMOD, you should not
- circumvent, disable or interfere with any security related features of VMOD;
- give any false or misleading information or permit another person to use VMOD under your name or on your behalf;
- use any other person’s account;
- impersonate or otherwise misrepresent your affiliation with any person or entity;
- modify, interfere, intercept, disrupt or hack our Services;
- collect any data from VMOD, other than in accordance with the terms and conditions of this Agreement;
- introduce viruses or other materials which would harm our Services or any other person’s use of the Services;
- use our Services, other than for its intended purpose as set out in this Agreement;
- use our Services for any illegal activities or fraudulent activities; or
- use our Services when you are located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a terrorist supporting country.
e. Withdrawal of Registration
You may withdraw your registration on VMOD if you disagree with this current Agreement or any changes and/or updates which we may make to this Agreement. We may terminate your registration and use of VMOD if you do not comply with this Agreement. Your registration may also be terminated if we shut down VMOD with reasonable prior notice that we plan to do so. When your registration is terminated, either requested by you or effected by us, you acknowledge and agree that we may delete or modify our database and/or records, including your personal information. You will then lose any rights you may have with VMOD.
3. Digital Fashion Items(DFIs)
a. Price and Payment
Details of the price and payment methods will be notified to you on the Site before you make payment.
b. Using in Third Party Websites
Some DFIs can be used for Third Party Services, including but not limited to metaverse platforms (e.g., Decentraland). In order to use such DFIs, you are required to provide your consent to the terms and conditions of relevant Third Party Services, and it is your sole responsibility to decide if you want to consent and use the DFIs.
For each type of DFI, there will be an appropriate method of delivery (e.g. email, physical shipping, metaverse platform wallets). We will notify you with the delivery method and necessary information upon your purchase of each DFI. We will notify you of the delivery status on the Site. For DFIs with physical items, the delivery cost is included in the price. We will not be responsible for delays outside our control, especially for physical items.
d. Exchange and Refund
DFIs cannot be exchanged for other DFIs. You can request for a refund within 7 days from the day you made the purchase. To get a refund, please contact us at email@example.com
with your email address used as the VMOD account, name and date of the DFI you purchased, and your phone number we can reach out to. In case of DFI with a physical item, we will guide you to return the physical item back to us. We can proceed with the refund only when we get the physical item back in our warehouse and finish confirming that it is in an unused condition and in the exact original packaging the item was delivered in, otherwise we reserve the right to make a deduction from the amount of refund. We will pay the costs of return: (a) if the products are faulty or misdescribed; or (b) if you are requesting refund because we have told you of an upcoming change to the product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below. Refunds will be made within fourteen (14) days or earlier from the day on which we receive the DFIs and any attached physical items back from you.
a. Related to Services
Our Services, including all the contents included therein, are owned by us or our licensors, as the case may be, and our Services are protected under the laws of Korea and/or other relevant jurisdictions. Except for the cases explicitly stated on the Site, all rights in and to our Services are reserved by us or our licensors. Any use of our Services other than as specifically authorized herein, without our prior written consent, is strictly prohibited, and we will terminate your account and your use of our Services if there is any violation or breach of any of the terms and conditions of this Agreement.
b. Related to DFIs
VMOD grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use any intellectual property (or related intellectual property rights) included in the DFIs, for your personal and non-commercial use. Such intellectual property, including but not limited to any name, image, likeness, art, design, drawings, video, or photographs related to the DFI, is referred to herein as the “DFI IP”. Except and solely to the extent such a restriction is not permitted under applicable law, you may not:
- profit from or commercialize, in any way, the DFI and/or DFI IP, including in connection with the marketing, advertising, or selling of any third-party product;
- modify DFI IPs in any way or combine them with, or embed them into, any digital or other content or media;
- use DFI IPs in connection with or to promote any illegal activity, hate speech, violence, inappropriate or obscene content, or in any other manner which could harm the reputation of SwatchOn, VMOD, the relevant owners of any DFI IP, and each of their employees;
- commit any of the foregoing actions with respect to DFI IP;
- use DFI IP, except as incorporated in the DFI; nor
- encourage or permit any third party to do any of the foregoing.
5. Personal Information
If we fail to comply with this Agreement, we may be liable for direct loss or damage you actually suffer that is a foreseeable result of our breach of this Agreement. However, we shall not be liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. This Agreement does not exclude or limit our liability to you, or your statutory rights as a consumer, in accordance with applicable laws and regulations.
You hereby acknowledge and agree that you may experience errors, interruptions, and/or delays in our Services. We shall not provide any guarantees regarding the performance or availability of VMOD. Due to the nature of the Internet and technology, the Services are provided on an "as is" basis, meaning that we are unable to promise that your use of the Services will be uninterrupted, without delays, error-free, or meet your expectations, and we do not provide any commitment relating to the performance or availability of our Services and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
VMOD is for non-commercial and personal purposes only, and therefore, we are not liable for any business-related damages or losses, including but not limited to any loss of profit. If you use the Services for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7. Dispute Resolution
In case there is any dispute or conflict between you and us, please contact us at firstname.lastname@example.org
, so that we can discuss together in order to amicably resolve any such dispute or conflict. If the dispute cannot be resolved informally, then the dispute or conflict shall be submitted to the jurisdiction of the Seoul Central District Court in Seoul, Korea.
8. Governing Law
This Agreement and all disputes arising out of or in connection with this Agreement shall be governed by, interpreted under, and construed in accordance with the laws of the Republic of Korea.
To the fullest extent permitted by applicable laws, you shall indemnify and hold us harmless from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims
”) arising out of or related to:
- Your use of our Services or your conduct in connection with our Services which is not strictly in accordance with the terms and conditions of this Agreement; and/or
- Your violation of this Agreement.
You shall support and cooperate with us in defending such Claims and shall pay all fees, costs, expenses associated with defending such Claims (including but not limited to, attorneys’ fees). We shall have control of the defense and/or settlement, at our sole discretion, in relation to any third-party Claims.
10. Third party rights
This Agreement is agreed to and executed by and between you and us. No other person shall have any rights to enforce any of the terms and conditions of this Agreement, except as expressly set out in this Agreement.
Even if any court finds any part of this Agreement to be illegal or unenforceable, then the remaining parts of this Agreement will continue in force. Each of the clauses of this Agreement operates separately.
Even if there is any delay in our enforcement of this Agreement, we are not waiting our right of enforcement and we can still enforce it later. If we do not insist immediately that you take any actions as required under this Agreement, or if we delay in taking steps against you in respect of your breach of this Agreement, it will not mean that you do not have to perform those actions and it will not prevent us from taking steps against you at a later date.