Third Party Websites

Because KURB functions as a search engine, KURB Users may be directed to different, third party websites where that article of clothing is actually available. KURB does not have any control over those websites and how they collect personal information. We therefore strongly recommend that you read the privacy policies of those third party websites. KURB expressly disclaims any responsibility for the privacy practices of third party websites that may be linked from KURB Service.

Usage Information We Collect

Log Data. Whether you use KURB with or without an account, we may collect information such as page and app views, visits, referring web pages, search queries done, and actions taken. We make a reasonable effort to anonymize your Internet Protocol address to avoid possibilities of pinpointing your exact location, but we do try to get your general country and city level location.

Cookies. A cookie is a small text file stored in the user or visitor's browser or mobile app which can be set and read by an online service. KURB uses cookies on the website and in the mobile app.

You can usually manage your cookies in your web browser's preferences. If you want to prevent analytics tracking on the website, you can block the cookies in your browser settings, or install a Google Analytics block extension.

We share personal information with our Data Processors in the following manner:

Google Analytics. We use Google Analytics to better understand how KURB is being used. We limit what we share with Google to what is needed to accomplish our analytical tasks. For example, we do not participate in advertising networks or voluntary Google products sharing. That said, Google may still use analytics information according to their Partner Sites and Privacy Policies.

Some of the product images that will appear in your search results may be loaded from websites that host the actual product pages: these websites may collect data of how these images are loaded.

We may share information if required by law.

Children & Minors

Children under the age of 13 are not allowed to use KURB. KURB does not knowingly collect personal information from any individual under the age of 13. In the event we learn that we have collected information from an individual under the age of 13, we will delete that information and delete any associated account(s).

Updates and Changes to This Privacy Policy

We encourage you to regularly review this Privacy Policy for any updates and changes. The Effective Date at the top of this page is the date of the last edit. If and when we materially change the ways in which we collect and use personal information, we will send a notification email to our registered users.

Concerns, Questions, Complaints

If you have any concerns, questions or complaints about our use of your personal information, please contact us at [email protected].

Effective as of October 11, 2023

KURB is a search engine to help you find affordably priced luxury clothing. You can search for used clothing on our website or by using our mobile application. You may also have access to related content such as our Blog.

This agreement ("Agreement") contains the terms of use (the "Terms") under which KURB offers you (the "user" or "you"), access to its website at gem.app and its mobile phone application, and the service (as discussed above) available thereon (collectively, the "Service"). These Terms describe the user's responsibilities and limit KURB's liability. Before using the Service, please read these Terms carefully.

Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

By using KURB you agree to these terms.

By accessing and using the Service, you state your agreement to be legally bound by the following Terms. If you do not agree to these Terms, you must not access or use the Service.

We may make changes to these terms.

KURB reserves the right, in its sole discretion, to amend or update these Terms at any time upon posting the amended terms to our website and mobile application, and/or upon providing you notice of the changed terms of use by email. The amended terms will be effective upon being posted to our website and mobile application. You should visit this page regularly to review the then-current terms of use, because they are binding on you. Your continued access to and use of the Service following KURB's posting of any changes to the Terms will constitute your acceptance of such changes.

You have a limited license to use KURB.

Subject to and in consideration of your agreement with and compliance to these Terms, KURB hereby grants you a revocable, non-exclusive, non-assignable, non-transferable, non-sublicenseable license ("License") to access and use the Service. We reserve the right to revoke your License and terminate your account if you violate these Terms or for any other reason with or without notice to you.

You must be 13 years or older to use KURB.

By accessing and using the Service, you represent and warrant to KURB that: (1) you are at least 13 years old; (2) you are of legal age to form a binding contract or have your parent's permission to do so; (3) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (4) you are legally permitted to access and use the Service and take full responsibility for your access and use of the Service; (5) if you are under the age of 18 but at least 13 years of age, you access and use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur on third party websites linked from our website and mobile application.

KURB is not responsible for the content of linked websites.

The Service contains links to third party websites that are not owned or controlled by KURB. KURB has no control over, and assumes no responsibility for, the content, business practices, privacy policies, or privacy practices of third-party websites. The personal details that you may share with these third party websites will be collected, processed, and stored in accordance with the privacy policies of these third party websites. We encourage you to review the privacy policies of third party websites linked from our website and mobile application.

Further, you agree that we are not responsible or liable for any content, offers, or other material on third party websites. The third party websites with which you may enter into transactions and/or agreements are solely responsible for any and all issues relating to your activity on those websites, including but not limited to issues arising from the processing of your purchase orders on those third party websites such as, including without limitation: delivery, purchase satisfaction, product authenticity, shipment, return policies, reimbursement, and customer service for returned goods. KURB does not monitor, verify or otherwise evaluate the content and practices of third party websites. By using the Service, you expressly relieve KURB from any and all liability arising from your use of any third party website.

You may voluntarily or by invitation submit feedback to us. By submitting information, comments, ideas, feedback or other content (collectively, "User Submissions") to us, you grant KURB a non-exclusive, worldwide, royalty free, gratis, perpetual, irrevocable, sublicenseable, transferable right to use User Submissions in any manner and on any medium or platform. User Submissions are deemed to be non-confidential.

KURB respects intellectual property. We ask you to do the same.

All intellectual property rights in the product names, company names, trade names, logos, service marks, trade dress, and designs of KURB or third-party products appearing on the Service, whether or not appearing with a trademark symbol ("Intellectual Property"), belong exclusively to KURB or their respective owners, and are protected from reproduction, imitation, dilution, or confusing, misleading or infringing uses under national and international trademark and copyright laws. The use of such Intellectual Property in a manner violating national and international trademark and copyright laws is expressly prohibited, and nothing stated or implied on the Service confers to you any license or right not expressly granted in these Terms.

Report any copyright violations.

KURB is committed to respecting the copyrights of third parties. We will respond to claims of copyright infringement using guidelines and procedures set forth in the Digital Millennium Copyright Act ("DMCA"). If you see any material on the Service that in your good faith belief infringes the copyright of works that you own or control, you may notify us by email at [email protected]. Your takedown notice must include the following information to be DMCA compliant:

1. The identity of the original copyrighted work that you claim is infringed or – if your notice covers multiple copyrighted works - you may provide a representative list of the copyrighted works that you claim have been infringed;
2. sufficiently detailed description of the content on the Service that you claim infringes the copyrighted work described in section (1) immediately above;
3. Your contact information, including your full name, mailing address, telephone number, and email address, if available;
4. A statement that you believe in good faith that the use of the allegedly infringing content on the Service is not authorized by the copyright owner, its agent, or the law; and
5. This statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed"; and
6. A physical or electronic signature of the copyright holder or a person authorized to act on their behalf.

If you believe your work was erroneously removed due to an incorrect claim of copyright ownership, please contact us at [email protected].

KURB is for personal use. Don't harvest data or cause harm.

The Service is intended for individuals who want to find vintage clothing on the Internet. The Service is for your own personal, non-commercial use only. Prohibited uses include but are not limited to: the collection of product pricing information, product or seller statistics, or research data. Permission may be requested by contacting us at [email protected]. We also encourage you to contact us if you have a creative idea how you, or your business, would like to use the Service.

Any automated access of the Service must obey robots.txt, robot meta and header directives. We also request you to use a descriptive user agent name that includes contact information. Don't hesitate to contact us if you have any questions. We reserve the right to block access if we see automated access consuming too much resources.

In addition, you may not:

modify, translate or reverse engineer any portion of the Service;

transmit destructive or harmful items such as viruses, worms, defects, Trojan horses; or

use any software adversely impacting the proper working of the Service.

The Service, which includes its corresponding software, is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, accuracy or completeness of content, non-infringement, the availability or quality of any products or services available via the Service, or that access to or use of the Service will be uninterrupted or error free.

Without limiting the generality of the foregoing, KURB makes no representations or warranties regarding the accuracy of product descriptions displayed anywhere on the Service. The products listed, featured or otherwise appearing on the Service, whether your search results or featured listings, are products that are or were listed for purchase on third party websites, and KURB explicitly makes no promises about the reliability or accuracy of any such third party website product listing, whether it concerns, without limitation, the accuracy of product information, product quality or product availability.

Our liability is limited.

Under no circumstances will KURB or its affiliates, officers, directors, employees or representatives be liable for any indirect, incidental, consequential, punitive or exemplary damages arising out of, in connection with or resulting from these Terms or the Service, whether based in contract, tort or otherwise. KURB's liability to you or any third party in any circumstance is limited to one hundred U.S. Dollars ($100.00). Regarding transactions made between you and third party websites linked from the Service, under no circumstances will KURB or its affiliates, officers, directors, employees or representatives be liable for any indirect, incidental, consequential, punitive or exemplary damages, arising out of, in connection with your purchase of products from third party websites linked from the Service, whether based in contract, tort or otherwise.

KURB has no responsibility for your misuse.

You agree to indemnify and hold KURB, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) made by any third party due to or arising out of your access to and/or use of the Service, your violation of these Terms, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

KURB is allowed to discontinue the service at any time.

KURB reserves the right to modify, discontinue, terminate or suspend any and all access to and use of the Service without prior notice. This Agreement shall remain in full force and effect while you use any part of the Service. You may terminate your use of the Service or your account at any time by following the instructions on the Service. The termination of the Service and/or your account will result in the deletion of all information associated with your account. Upon termination of your account, your right to access and use the Service will immediately cease.

The following additional terms and conditions apply to you if you are using the KURB service on an App from an App Store, as defined above.

Acknowledgement. KURB and you acknowledge that these Terms are concluded between KURB and you only. KURB is solely responsible for the App and the content thereof. To the extent these Terms provide for usage rules for the App that are in conflict with the application store terms of service, the more restrictive App Store terms of service or Usage Terms shall apply, as applicable.

Scope of License. As defined above in these Terms, the License granted to you for the App is limited to a non-transferable license to use App on either an iOS or Android device that you own or control and as permitted by the Usage Rules.

Maintenance and Support. KURB is solely responsible for providing any maintenance and support services (if any) with respect to the App, as specified in these Terms, or as required under applicable law. KURB and you acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Warranty. KURB, and not the App Store, is responsible for product warranties, whether express or implied by law, as described in these Terms. If the App fails to conform to any applicable warranty, you may notify the App Store, and the App Store, where applicable, may refund the purchase price of the App to you; and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be KURB responsibility.

Product Claims. KURB and you acknowledge that the App Store is not responsible for addressing any of your or any third party's claims relating to the App or your possession or use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. These Terms do not limit KURB liability to you beyond what is required under applicable law.

Intellectual Property Rights. KURB and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the App Store will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the App, if any.

Third Party Beneficiary. You agree that the App Store (and its subsidiaries) is a third party beneficiary of these Terms and will have the right to enforce these Terms.

Entire Agreement. You and KURB 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.

Validity. KURB failure to exercise any provision or assert any right in these Terms shall not be deemed to be a waiver of any other provision or right in these Terms. The invalidity of any provision in these Terms, as determined by a court of competent jurisdiction, shall not affect the validity of any other provision in these Terms.

No Assignment; No Agency. This Agreement is not assignable, transferable or sublicensable by you except with KURB prior written consent. KURB may transfer, assign or delegate this Agreement and its rights and obligations without consent. 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 KURB in any respect whatsoever.

Continued Validity. If and when these these Terms are no longer applicable to you because you no longer use the Service, or because your account is terminated, or because the Service is suspended or terminated, the customary provisions of these Terms that survive such events shall continue to be binding on you, including, without limitation, limitation of liability, warranty disclaimers, and disclaimer of liability for third party websites.