Terms and Conditions

Please read these Terms of Service fully and carefully before using Hypebeastcloset marketplace offered by Makowi Corporation, Inc. These Terms of Service set forth the legally binding terms and conditions for your use of our Services. By using our Services, you agree on these Terms of Service and all other operating rules, policies and procedures.

Our Service allows you to buy, sell and request items in an easy and fun way. You can sell your items through our Service by posting the item you want to sell.

To safeguard the interests of our users, you are not permitted to sell or purchase a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than the approved method available through the Service. Please note that selling or purchasing a Sale Item in any other way is a breach of our rules and can result in, among other things, suspension or termination of your access to the Service.

We want our Service to be a positive experience for our users and we ask that you honor the commitments you make to another user in respect of the sale or purchase of a Sale Item.

Any purchase you make of a Sale Item is solely between you and other users or Third Party Sites. Complaints, questions and claims related to a Sale Item should be directed to the seller or third party. Although we may choose in our sole discretion to attempt to resolve a dispute between you and other users or Third Party Sites, you agree that we have no obligation to do so and that all transactions are ultimately solely between you and the other users or Third Party Sites.

As we are not the seller of any Sale Items, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Sale Items, the truth or accuracy of any picture or description of the Sale Items or any other content made available by users, the ability of sellers to sell Sale Items, the ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the Sale Item.

1. Definitions

°»Account°… means, any account provided by Hypebeastcloset that you create to access our Services.

°»Dispute°… means, any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and other Hypebeastcloset users or HYPEBEASTCLOSET, claims that arose before this agreement, and claims that may arise after the termination of this agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.

°»HYPEBEASTCLOSET°… means, the service name owned and operated by Makowi Corporation located at 201 N. Kenter Ave. Los Angeles, CA 90049. References to °»Us,°… °»We,°… or °»Our°… means HYPEBEASTCLOSET, including any of employees, officers, and directors. HYPEBEASTCLOSET does not include HYPEBEASTCLOSET Affiliates or third parties (analytics or ad tech companies, or similar organizations).

°»HYPEBEASTCLOSET Affiliates°… means HYPEBEASTCLOSET°«s third-party content providers, distributors, licensees, or licensors.

°»Intellectual Property Rights°… means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.

°»Notice°… means, a delivered writing by e-mail, courier, or by physical mail delivery to the other party at their respective address and will be effective upon receipt.

°»Privacy Policy°… means, HYPEBEASTCLOSET policy regarding privacy, which also governs your use of the Services and is incorporated herein by reference. The current version is available on our website.

°»Service°… ( or °»Services°…) means, any website, device, content, and other related products and services provided by HYPEBEASTCLOSET and HYPEBEASTCLOSET Affiliates, including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information and server software.

°»Terms of Service°… means, the terms and conditions in this agreement.

°»Third Party Sites°… means, other websites, services or resources on the Internet.

°»Content°… means, any and all data that you upload, transmit, or create through the Services, including without limitation profile information, software, sound, images, videos, precise and imprecise location data, EXIF data, timestamps, metadata, and any other content contributed by users to the Services.

2. Ownership and Limited License

a) Ownership. The Services are owned or licensed by Makowi Corporation and are protected by Intellectual Property Rights and other proprietary rights laws. Makowi Corporation reserves all rights, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of Makowi Corporation.

b) License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other purposes of using the Services is expressly prohibited, without prior written permission from us. You shall not sell, license, rent or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

c) License Limitations. Any use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at our sole judgment or may subject you to liability for violations of law.

You will acknowledge that you will not directly or indirectly:



d) Accounts

3. Sale Activity

a) Your Sale activity through the Service is licensed to you on a limited basis under the same rules as Section 2. The content with your listings, regardless of whether they were "earned" or purchased within the Services, are owned by HYPEBEASTCLOSET and are not your property. We may manage, regulate, control, modify or eliminate all your listings at any time, without Notice or announcement and without payment to you. We shall have zero liability to you or any third party if we exercise any such rights.

b) You may be permitted to link a Sale item to Third Party Sites may contain links to the Services, in each case, such as a Payment Processor that you may choose to link to your Account or otherwise use in connection with the Services. When you access Third Party Sites, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.

c) ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES ARE PAYABLE IN ADVANCE, FINAL, AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE CONSUMER RIGHTS LAW IN YOUR LOCAL JURISDICTION. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

4. Content

a) To the maximum extent permissible by law, we assume no responsibility or liability for the conduct of any user submitting any Content and assumes no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal content or conduct. We are unable to pre-screen or monitor all Content and we will not do so. Your use of the Services is at your own risk, and you are solely responsible for any Content that you post.

b) When you transmit or upload Content, you agree to abide by the following rules:



c) All Content that you post will be considered non-confidential. HYPEBEASTCLOSET will only share personal information that you provide in accordance with the Privacy Policy. We are not responsible for any other user or third party°«s use or appropriation of any Content that you have submitted through the Services.

d) You hereby grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Content in connection with the Services, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Services a non-exclusive, perpetual license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

e) In compliance with the Digital Millennium Copyright Act, and other similar or equivalent applicable laws, if HYPEBEASTCLOSET is notified that you have infringed the copyrights or other Intellectual Property Rights of others then your access to the Services may be terminated without prior Notice to you. If you believe that your content has been infringed in the Services, please notify us by emailing at info@hypebeastcloset.net. Note that if you knowingly misrepresent copyright infringement, you may be liable for damages, including costs and attorneys°« fees. Notices submitted to HYPEBEASTCLOSET under this provision should include:

5. Account Eligibility

a) You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. In order to submit an offer to purchase goods through the Services, you must be at least 18 years old and have a valid Payment Method (as defined below), with full authority to use it.

If you are the legal guardian of a minor age 13-17, you can choose to allow use of your Account by that minor instead of yourself subject to the following provisions:



b) If you have been previously banned from using any HYPEBEASTCLOSET Services then you may not use our Services.

6. Service Availability and Termination

You acknowledge that:

a) We may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services;

b) We have absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services, including any and all Accounts, at any time, for any reason, without Notice and without liability to you;

c) Access to the Services may be interrupted for reasons within or beyond the control of HYPEBEASTCLOSET, and that we cannot and does not guarantee you will be able to use the Services whenever you wish to do so.

d) HYPEBEASTCLOSET may not offer the Services in all countries or geographic locations;

e) You are solely responsible for any internet connection and mobile fees that you may incur due to the use of our Services.

7. Warranty and Liability

YOU ACKNOWLEDGE THAT HYPEBEASTCLOSET AND HYPEBEASTCLOSET AFFILIATES ARE NOT LIABLE

(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.

THESE SERVICES ARE PROVIDED BY HYPEBEASTCLOSET TO YOU ON AN, °»AS IS°… AND °»AS AVAILABLE°… BASIS. HYPEBEASTCLOSET MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HYPEBEASTCLOSET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HYPEBEASTCLOSET DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF HYPEBEASTCLOSET AND/OR HYPEBEASTCLOSET AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO HYPEBEASTCLOSET AND/OR HYPEBEASTCLOSET AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

IF YOU HAVE NOT PAID HYPEBEASTCLOSET OR ANY HYPEBEASTCLOSET AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HYPEBEASTCLOSET AND/OR ANY HYPEBEASTCLOSET AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A °»TERRORIST SUPPORTING°… COUNTRY, AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.

SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, HYPEBEASTCLOSET AND HYPEBEASTCLOSET AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.

8. Indemnity

a) You agree to defend, indemnify and hold harmless HYPEBEASTCLOSET, HYPEBEASTCLOSET Affiliates, and any third-parties under agreement with HYPEBEASTCLOSET, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney°«s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:

b) HYPEBEASTCLOSET and HYPEBEASTCLOSET Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

c) You acknowledge, and further agree that HYPEBEASTCLOSET has no obligation to defend, indemnify or hold harmless you in any way related to this agreement, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.

d) This Section shall survive the termination of this agreement.

9. Dispute Resolution

a) Informal Resolution. With respect to any Dispute, you agree to attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon HYPEBEASTCLOSET°«s receipt of Notice from you.

b) Contact Information. HYPEBEASTCLOSET can be reached at the following address:
201 N. Kenter Ave. Los Angeles, CA 90049

c)Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of thirty (30) days, or if we, in our sole and absolute discretion, determine that it will not be possible to satisfactorily resolve that Dispute informally within a total of thirty (30) days, you agree that either you or we may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association. The party requesting that a Dispute be resolved by arbitration under this Section shall be responsible for initiating such a proceeding.

10. Miscellaneous

These Terms of Service are the entire agreement between you and us with respect to the Services. If any provision or sub-provision of this agreement is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. 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. You acknowledge that we may make changes to these Terms of Service at any time. Unless we state otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted, then you agree that those changes will apply to your continued use of the Services. You should check this page regularly to stay informed about any changes.

You acknowledge and agree that any violation or threatened violation of this agreement will cause irreparable injury to HYPEBEASTCLOSET, entitling us to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by HYPEBEASTCLOSET as a result of a breach of any of the provisions of this agreement.

11. Governing Law and Venue

Any dispute or claim arising out of or related to this agreement shall be governed by and construed in accordance with the laws of the State of California without reference to any choice or conflict of laws principles. Unless subject to arbitration under Section 9, the Courts in the State of California shall have exclusive jurisdiction over any legal suit, action, or proceeding arising out of, or relating to, disputes or claims that might arise under this agreement. Accordingly, the parties consent to the personal jurisdiction of the Courts in the State of California, and hereby waive any and all jurisdictional or venue defenses otherwise available to them.

Makowi Corporation, Inc.
201 N. Kenter Ave. Los Angeles, CA 90049