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Online Body Measurement Tools: How They Work, Accuracy, Privacy, and Choosing the Right Fit

by Outlet Bikini Team 21 Jan 2026

Table of Contents

  1. Key Highlights
  2. Introduction
  3. What online body-measurement tools do
  4. Core technologies behind measurement: photogrammetry, depth sensing, and machine learning
  5. Accuracy: what determines measurement quality
  6. Practical guidelines for users: getting the most accurate scan
  7. How retailers and brands put measurements to work
  8. Privacy, consent, and regulatory considerations
  9. Choosing a tool: evaluation checklist for consumers and businesses
  10. Limitations and when a human measurer remains necessary
  11. Emerging trends shaping the future of body measurement
  12. Real-world examples and implementation scenarios
  13. Implementation pitfalls and how to avoid them
  14. The economics: cost vs. benefit
  15. FAQ

Key Highlights

  • Online body measurement tools extract key anthropometric data using cameras, depth sensors, and machine learning to improve sizing, reduce returns, and enable virtual try-on.
  • Accuracy depends on technology (photogrammetry, LiDAR, structured light), capture conditions, and algorithm quality; controlled setups yield sub-centimeter results while casual phone scans vary more.
  • Selecting the right solution requires balancing accuracy, privacy safeguards, device support, integration options, and user experience for both consumers and brands.

Introduction

Fit remains the single most important factor in apparel satisfaction and one of the leading causes of online returns. Retailers shoulder the cost of returns and face inventory inefficiencies when sizing data is unreliable. Consumers face frustration when garments arrive that don't match expectations. Online body measurement tools promise to shrink that gap by turning a smartphone or kiosk into a digital tape measure and a basis for tailored recommendations.

These tools sit at the intersection of computer vision, 3D sensing, and apparel science. They produce numerical measurements—waist, hip, inseam, chest—and sometimes full 3D body meshes or avatars that power size recommendations and virtual try-on. Adoption has grown because the technology reduces guesswork and returns while unlocking new personalization services. The trade-offs are real: accuracy varies across methods, user privacy must be protected, and integration into retail systems is nontrivial.

This article explains how these tools work, what affects their accuracy, where they provide the most value, and how consumers and businesses should evaluate them. Practical guidelines for achieving accurate scans and a final FAQ address the most common concerns.

What online body-measurement tools do

At their simplest, a body-measurement tool converts visual or depth input into quantitative anthropometric measurements. Outputs range from a short list—bust, waist, hip—to a dense set of measurements and a 3D body model. The primary functions fall into a few categories:

  • Measurement extraction: Producing standardized linear and circumferential measures used by tailors and apparel size charts.
  • Size recommendation: Mapping user measurements to brand-specific size charts, often incorporating fit preferences and prior purchase behavior.
  • Virtual try-on and avatars: Draping garments on a 3D body model so customers see how a style fits, drapes, and moves.
  • Progress tracking: Using repeated scans to quantify body changes for fitness and medical applications.
  • Custom manufacturing and tailoring: Feeding precise measurements into made-to-measure workflows or pattern generation systems.

Tools target consumers, retailers, and enterprise customers. Consumer-facing apps emphasize speed and ease; in-store kiosks and studio scanners focus on repeatability and higher accuracy. Fitness and healthcare tools adapt the same measurement pipelines for tracking composition and therapeutic needs.

Core technologies behind measurement: photogrammetry, depth sensing, and machine learning

Multiple technical pathways extract body dimensions. Each has strengths and constraints that influence precision, cost, and device requirements.

Photogrammetry and single-image methods Photogrammetry reconstructs 3D shape from multiple 2D photographs taken at different angles. For consumer convenience, some systems use a single frontal and rear photo, combined with anthropometric priors and pose estimation to infer depth and circumferences. Single-image solutions rely heavily on machine learning models trained on large datasets of body shapes and poses. They are inexpensive to deploy—no special hardware required—but accuracy depends on image quality, pose, clothing, and the representativeness of training data.

Multi-view photogrammetry produces denser reconstructions because the algorithm triangulates points across views. When users follow a guided capture routine (e.g., rotate while the camera records or take photos at prescribed angles), multi-view approaches approximate the fidelity of more expensive scanners.

Depth sensors and structured light Depth-sensing hardware—time-of-flight sensors, structured light systems, and devices like Microsoft Kinect—emit a signal and measure its return to determine distance. These systems capture a true depth map of the body and create reliable 3D point clouds, enabling more accurate measurements with less reliance on prior models.

Consumer devices have begun embedding depth sensors. Some smartphones (notably high-end models) include LiDAR or time-of-flight sensors, which improves reconstruction fidelity compared with RGB-only input. Studio-grade scanners use structured light projectors and multiple cameras to produce highly accurate meshes but require a controlled environment.

Machine learning and landmark detection Machine learning underpins most modern measurement tools. Convolutional neural networks detect key anatomical landmarks—shoulder tips, hip points, crotch, neck base—and translate spatial relationships to measurements. Models also predict circumferences by combining landmark positions with statistical body shape priors or by fitting a parametric body model (for example, SMPL or similar morphable models) to the input.

Post-processing algorithms convert a fitted 3D model into measurement outputs consistent with garment sizing conventions. High-quality pipelines include error checks, confidence scores, and calibration routines.

Hybrid systems Many commercial systems combine methods. A tablet or phone app may capture images and depth data, then upload to cloud-based ML pipelines for detailed analysis. In-store scanning might merge a quick depth capture with a guided photo capture to maximize accuracy while minimizing customer friction.

Accuracy: what determines measurement quality

Accuracy is not a single value; it depends on the metric (linear vs. circumferential), the measurement method, the capture environment, and the user's compliance with instructions. Understanding where errors creep in helps both users and implementers set realistic expectations.

Key factors that influence accuracy

  • Sensor type: Depth sensors generally outperform RGB-only methods. Structured light and LiDAR provide more precise depth information than monocular algorithms.
  • Number of views: Single-image methods lose depth detail compared with multi-view or continuous video capture.
  • Clothing and fit: Tight-fitting garments or minimal clothing reduce surface offset errors. Loose or layered clothing adds variability and typically inflates measurements.
  • Pose and posture: Standing upright in a neutral pose yields more repeatable measurements. Crossed arms, slouching, or asymmetric posture introduces bias.
  • Calibration: Reference objects or known heights can anchor scale. Many apps request user height or place a standard marker to help calibrate.
  • Algorithm training and bias: Models trained on diverse datasets produce more reliable measurements across ages, genders, skin tones, and body shapes. Narrow training sets can introduce systematic errors for underrepresented groups.
  • Background and lighting: High contrast between person and background, and even lighting, improves landmark detection.

Typical performance expectations Manufacturers often report best-case accuracies achieved in controlled settings. Under practical consumer conditions, expect variation:

  • Linear measurements (e.g., inseam, shoulder-to-waist): Errors typically fall in the range of a few millimeters to several centimeters. Controlled scanners can reach sub-centimeter accuracy; smartphone-based solutions generally offer accuracy within about 5–20 mm for many linear measures under good conditions.
  • Circumferential measurements (waist, hip, chest): These are harder because they require accurate cross-sectional reconstruction. Controlled systems can provide circumferences with sub-centimeter error; casual captures may see 1–3 cm deviations depending on clothing and posture.
  • Body shape and mesh fidelity: High-end scanners produce meshes that closely match actual shape; single-image approximations reconstruct plausible shapes but may smooth fine details and local variability.

Repeatability matters as much as absolute accuracy. A system that consistently reports the same measurement within a small range is valuable for tracking changes even if it has a small bias relative to tape measurements.

Validation methods Independent validation compares tool outputs against reference measurements taken by trained anthropometrists or with calibrated studio scanners. Good vendors publish validation studies describing sample diversity, measurement protocols, error distributions, and confidence intervals.

Practical guidelines for users: getting the most accurate scan

Users can improve accuracy significantly by following a few straightforward steps. These practices apply whether using a phone app at home or a kiosk at a store.

Before you start

  • Wear tight-fitting clothing or minimal layers. A fitted tank top and leggings reduce the influence of fabric.
  • Remove shoes and heavy jewelry. Socks are fine for posture but remove bulky footwear for inseam measurements.
  • Use a plain, contrasting background when possible. Avoid patterns and clutter that confuse segmentation.
  • Ensure even lighting. Avoid heavy backlighting and strong shadows across the body.

Capture instructions

  • Follow the app's pose guidance precisely. Most systems ask users to stand in a neutral anatomical pose (feet shoulder-width, arms slightly away from the torso).
  • Keep a consistent camera distance. Follow onscreen framing guides so the full body or required parts are visible and centered.
  • Rotate slowly if the app requests one continuous video or multiple views. Smooth motion helps multi-view reconstructions.
  • Provide accurate calibration information when asked. If an app requests height, enter the correct value; some solutions use this to scale the model correctly.
  • Stand relaxed but upright. Tensing muscles or changing posture between scans increases variability.

After capture

  • Inspect the preview or avatar. Some systems show confidence scores for each measurement. Use those cues to decide whether to retake the scan.
  • Repeat scans for important uses. For tailoring or bespoke garments, take two or three scans and compare values. Use the median or averaged values.
  • Record environmental conditions. If you need to re-scan later, try to replicate background and lighting to maintain consistency.

Tips for specific measurements

  • Inseam: Take measurements barefoot and with legs slightly apart. A straight posture helps.
  • Bust/chest: Wear a lightly supportive garment for women to approximate how clothing will fit; for high-precision tailoring, a bare torso scan produces the most accurate baseline.
  • Waist: Stand relaxed; avoid sucking in the stomach for consistent, wearable measurements.

How retailers and brands put measurements to work

Online body measurement data is a practical asset across several retail functions. From improved size charts to personalized marketing, the benefits extend beyond one-off fit recommendations.

Size recommendation and personalization Brands map measured dimensions to their own size charts and fit rules. Advanced systems tailor recommendations not only on body geometry but also on individual fit preferences (e.g., "I like roomier waists" or "I prefer slim fits"), prior purchases, and returns history. Brands that personalize fit typically report higher conversion rates and lower return volumes than those relying solely on generic size charts.

Virtual try-on and product visualization 3D avatars created from scans allow customers to see how garments hang and where they hit on their bodies. For categories where length and proportion matter—dresses, coats, pants—this visualization reduces uncertainty. Virtual try-on also supports cross-selling by showing alternative fits and styles on the customer's body model.

Inventory and assortment optimization Aggregated measurement data helps brands understand the distribution of body shapes among their customers. This insight can inform sizing ranges, pattern adjustments, and stock allocation. For made-to-measure and customization workflows, measurements feed directly into production systems, reducing manual input and error.

Returns reduction and cost savings Returns driven by poor fit are expensive to process and restock. Brands that integrate reliable measurement tools consistently report reductions in fit-related returns. The magnitude varies, with most published implementations noting double-digit improvements; precise impact depends on category, adherence to capture best practices, and integration quality.

Enhanced customer lifecycle Measurement data is reusable across repeat visits. A returning customer can skip re-entry of body metrics, and brands can track fit preference changes over time. For subscription and recurring purchase models, stored measurements support automated reorders that fit.

Use cases beyond apparel

  • Footwear: Foot scanning captures length, width, and volume to recommend shoe sizes and last types.
  • Activewear and compression garments: Precise circumferences and limb lengths are critical for performance and therapeutic garments.
  • Health and fitness: Clinics and trainers use repeated scans to quantify body composition and track progress objectively.
  • Ergonomics and equipment fit: Industrial applications use anthropometric data to size safety equipment and workstations.

Privacy, consent, and regulatory considerations

Body measurements and 3D body models are highly sensitive personal data. Implementers must treat them with the same care as biometric or health data.

Key privacy principles

  • Purpose limitation: Collect data only for a clear, disclosed purpose—size recommendation, tailoring, or progress tracking—and avoid repurposing without consent.
  • Minimal retention: Store only the measurements or models needed. If raw images are unnecessary after processing, delete them promptly.
  • Explicit consent: Use clear, affirmative consent mechanisms. Explain what data will be stored, how it will be used, and whether it will be shared with third parties.
  • Secure storage: Encrypt data at rest and in transit. Employ robust access controls and audit logging.
  • User control: Allow users to export or delete their measurement data. Provide easy mechanisms to withdraw consent.

Regulatory landscape

  • GDPR (EU): Body measurements are often treated as biometric or special category data if used for identification; controllers must establish a lawful basis and, where applicable, process special categories with explicit consent and safeguards.
  • CCPA/CPRA (California): Consumers have rights to know, access, and delete personal data. Companies must disclose collection and use practices and provide opt-out mechanisms for data sales.
  • Other jurisdictions: Data protection laws vary; global deployments require careful mapping of local requirements to policy and architecture.

Mitigating privacy risk

  • Local processing: Perform measurement extraction on-device when possible so raw images never leave the user's phone.
  • Pseudonymization: Store measurements separate from direct identifiers and use tokenization for linking to user accounts.
  • Third-party audits: Subject the system to security and privacy audits. Certifications and compliance statements reassure enterprise customers and consumers.
  • Transparent UX: Present privacy information in plain language. Use onboarding flows that summarize key points before asking for consent.

Ethical considerations Bias in training data can produce systematically worse results for underrepresented body types, ages, and skin tones. Ethical providers invest in diverse datasets, ongoing testing, and transparent reporting. They also provide human-reviewed fallback options when confidence scores are low.

Choosing a tool: evaluation checklist for consumers and businesses

Selecting the right measurement solution requires matching technical capabilities to use cases, from consumer convenience to enterprise-grade fidelity.

For consumers

  • Device compatibility: Does the app work on your phone model? Does it require a depth sensor or LiDAR?
  • Ease of use: How many photos or steps are required? Are instructions clear?
  • Measurement outputs: Which measurements does it produce? Are they labeled in familiar terms (chest vs. bust)?
  • Privacy practices: Can you delete your data? Does the app process images locally?
  • Integration: Can you export measurements for tailors or other services?

For retailers and brands

  • Accuracy and validation: Does the provider publish validation studies? What are the error ranges and sample diversity?
  • API and integration: Is there a REST API, SDK, or plug-in for e-commerce platforms?
  • Scalability: Can the solution handle peak demand and millions of scans?
  • Latency and UX: Does the pipeline return results instantly on-device or via cloud processing with delays?
  • Data security and compliance: Does the vendor support encryption, access control, and legal agreements (DPA, SOC audits)?
  • Customization: Can the system map to brand-specific size charts and incorporate fit rules?
  • Cost model: Are there per-scan fees, subscription models, or revenue-sharing arrangements?

Proof points to request

  • Case studies with measurable outcomes (conversion lift, return reduction).
  • Independent validation reports or benchmarking results.
  • Client list or references in the same category or region.

Decision framework Start with the business objective (reduce returns, enable made-to-measure, improve conversions). Choose a pilot site—one product category where fit matters most—and run an A/B test comparing standard size guidance to measurement-enabled recommendations. Measure conversion, return rate, average order value, and customer satisfaction.

Limitations and when a human measurer remains necessary

Automated measurements make many workflows more efficient, but they do not make trained human measurers obsolete in all contexts.

When to prefer human measurement

  • Bespoke tailoring and couture: High-stakes garments require nuanced measurements, posture assessments, and drape tests that benefit from an experienced tailor.
  • Complex body shapes and medical conditions: Scans may misinterpret surgical scars, prosthetics, or medical devices; specialist assessment is safer.
  • Regulatory or legal requirements: Some health or safety equipment standards require certified anthropometric measurements.
  • Low-confidence cases: If the algorithm reports low confidence or large variance across scans, human intervention ensures correct sizing.

Hybrid approaches Successful programs combine automated capture with human oversight. For example, a retailer might use automated scans for the majority of customers but route complex profiles or flagged low-confidence cases to trained fit specialists who can verify and adjust measurements.

Emerging trends shaping the future of body measurement

Several developments will change how measurements are captured, used, and monetized.

More robust on-device processing As smartphones grow more powerful and mobile neural processing units (NPUs) advance, more measurement algorithms will run entirely on-device. This reduces latency and enhances privacy because images and models stay local.

LiDAR and improved depth sensors Wider availability of depth sensors on consumer devices will raise baseline accuracy and broaden the set of viable applications—from better virtual try-on to more reliable medical monitoring.

Personal digital twins and the metaverse Persistent, privacy-preserving digital twins—secure 3D representations of a person's body—enable seamless shopping across brands and platforms and power metaverse experiences. Standardized, interoperable avatar formats will be a prerequisite for cross-platform adoption.

Supply chain and manufacturing integration Measurement data will increasingly feed directly into production systems for mass-customization. Cost reductions in digital patterning and CNC cutting make small-batch customization more viable.

Ethical AI and inclusivity Pressure from regulators and consumers will push vendors to demonstrate inclusive datasets and publish fairness metrics. Expect more transparent reporting on how measurement accuracy varies across demographics.

Sustainability and circularity By reducing returns and enabling better fitting garments, body measurement tools can decrease waste. Brands that couple measurement data with repair, resale, or recycling pathways will close loops more effectively.

Real-world examples and implementation scenarios

Illustrative scenarios show how measurement tools deliver value in practice without naming proprietary implementations.

Case: Mid-size apparel brand reducing returns A mid-size women's apparel retailer piloted a measurement tool on its mobile site for dresses and pants. The brand required users to take two guided photos and enter height. After integration into the checkout flow, size recommendations were shown alongside standard size charts. Over six months, the pilot segment experienced a reduction in fit-related returns and a modest uplift in conversion on items for which fit matters most. The brand used aggregated measurement distributions to adjust their small, medium, large grading to better suit their customer base.

Case: Made-to-measure denim subscription service A startup offering subscription denim used a combination of in-studio scanning and a mobile follow-up capture to set up initial fits and adjust for wear patterns. Initial studio scans provided high-fidelity baseline models; subsequent mobile scans tracked fit drift over time. The system fed measurements into a pattern-generation engine, producing personalized patterns that required minimal manual tweaking.

Case: Fitness clinic tracking body composition A fitness clinic used multi-view photogrammetry captures to quantify client progress. Because many clients were scanned under consistent studio conditions and in tight-fitting apparel, the clinic reported reliable longitudinal trends in hip and waist circumferences and used these metrics to tailor training plans.

These scenarios illustrate trade-offs: studio setups yield better baseline accuracy while mobile-first deployments provide scale and convenience.

Implementation pitfalls and how to avoid them

Even promising technology falters when rollouts skip careful planning. Common missteps and remedies:

Rushing integration without UX testing A clunky capture flow or poor instructions yields low adoption and noisy data. Remedy: prototype the capture UX with real users, iterate on wording and visuals, and measure completion rates.

Ignoring diversity in training and validation Deployments that don’t validate across body types and skin tones risk bias and poor fit. Remedy: require vendors to present validation data across demographic groups and run local pilots with representative samples.

Over-collecting data Some implementations hoard raw images and 3D meshes "just in case," which elevates privacy risk. Remedy: define minimal data retention policies and prefer algorithms that operate locally or delete raw inputs after processing.

Underestimating technical debt Integrating measurements into size charts, returns workflows, and inventory systems takes engineering effort. Remedy: plan for API-based integration, mapping of measurement outputs to SKU-level fit rules, and reporting.

Failing to set realistic KPIs Expecting immediate, dramatic improvements in returns without accounting for category-specific fit complexity leads to disappointment. Remedy: set incremental goals—improve recommendations in a high-impact category first, then expand.

The economics: cost vs. benefit

Adoption decisions hinge on whether the benefits outweigh implementation and operating costs.

Cost components

  • Licensing and per-scan fees for software-as-a-service providers.
  • Hardware costs for in-store scanners or for equipping staff devices.
  • Integration and engineering time to map measurements to size recommendation engines.
  • Ongoing maintenance, model updates, and data storage.

Tangible benefits

  • Reduced return processing and reverse logistics costs.
  • Higher conversion rates from clearer size guidance.
  • Lower overstocks and better inventory allocation driven by real body-shape analytics.
  • Differentiation for premium and custom-fit offerings.

Return on investment varies with category. For higher-ticket items and categories where fit influences purchase decisions (formalwear, outerwear, tailored clothing), measurement tools yield stronger ROI. Categories with forgiving fits (like loose loungewear) have smaller direct benefits but can still gain from personalization and loyalty improvements.

FAQ

Q: Are online body measurement tools accurate enough for tailoring and bespoke garments? A: Many automated tools provide useful baselines, but bespoke tailoring still benefits from human expertise. For made-to-measure at scale, a hybrid approach—automated capture plus human verification—produces the best balance of efficiency and precision.

Q: Which technology yields the most accurate measurements? A: Controlled structured-light or multi-camera scanners and depth sensors typically yield the highest accuracy. Photogrammetry and single-image ML methods are convenient and cost-effective but are more sensitive to capture conditions and clothing.

Q: Will my phone model affect scan quality? A: Yes. Devices with depth-sensing hardware (LiDAR/time-of-flight) generally produce more reliable 3D reconstructions. High-resolution cameras and on-device processing also improve the user experience and accuracy.

Q: How should I prepare before taking a scan? A: Wear close-fitting clothing, pick a plain background, ensure even lighting, remove shoes and bulky accessories, and follow the app's posture instructions. If the app asks for height, enter it accurately or use a calibration object if required.

Q: How do these tools handle privacy? A: Responsible vendors use encryption, minimize data retention, provide clear consent mechanisms, and offer deletion/export features. Some perform processing entirely on-device to avoid transmitting raw images. Review privacy policies and request data processing agreements when integrating enterprise solutions.

Q: Can measurement tools reduce returns? A: Yes. When implemented and integrated properly, measurement-enabled size recommendations and virtual try-on have reduced fit-related returns for many retailers. The magnitude of reduction depends on product category, capture adherence, and quality of mapping to brand size charts.

Q: Are there differences between measurements brands and countries use? A: Size charts and measurement conventions vary by brand and region. Good measurement systems allow mapping measured dimensions to brand-specific sizing rules, rather than applying a one-size-fits-all approach.

Q: What happens if my scan yields a low-confidence result? A: The tool should prompt a re-scan with clearer instructions or offer human follow-up. Low confidence can indicate poor lighting, loose clothing, or unusual posture.

Q: Can measurement data be used across multiple retailers? A: Technically yes if shared, but cross-retailer portability requires privacy-preserving standards and user consent. Expect varying degrees of interoperability unless standardized avatar formats are adopted and users opt in to data sharing.

Q: Will these tools replace in-store fitting rooms or tailors? A: They will change how fitting is done but not eliminate human expertise. Fitting rooms and tailors remain vital for experiential shopping, fine adjustments, and cases where tactile assessment is necessary.

Q: How should businesses pilot body measurement technology? A: Start with a focused pilot in a high-impact category, define measurable KPIs (return rate, conversion, AOV), run A/B tests, and validate against a ground truth. Evaluate UX, integration effort, and legal compliance before scaling.

Q: Are these tools biased against certain body types? A: Bias arises if training datasets are not diverse. Vendors that commit to fairness publish validation results and invest in balanced datasets. Businesses should require vendor transparency and run their own tests representative of their customer base.

Q: Can measurement tools be used for health monitoring? A: Yes—clinics and wellness providers use scans to track circumferences and assess changes over time. When used in medical contexts, regulatory and privacy obligations increase, and clinical validation may be required.

Q: What are reasonable expectations for measurement error? A: Under good conditions, many systems achieve sub-centimeter accuracy on linear measures and small-centimeter-level accuracy for circumferences. Consumer conditions introduce more variability; expect errors to increase when users deviate from capture guidelines or wear loose clothing.

Q: How do I compare vendors? A: Ask for validation studies, request trial access, evaluate integration and SDKs, verify device compatibility, and inspect privacy and security practices. Pilot with a representative set of customers before enterprise rollout.

Q: Can 3D avatars from scans be used in social or virtual environments? A: Yes, avatars derived from scans can be exported to applications that accept standard formats, enabling virtual try-on, gaming, or metaverse experiences. Ensure user consent and secure handling if avatars are reused or shared.

Q: What future capabilities should businesses plan for? A: Expect on-device processing to become more capable, wider adoption of depth sensors, better avatar interoperability, and tighter integration between measurement outputs and manufacturing systems for mass customization.


Accurate fit begins with reliable measurements. The technical options available today let businesses and consumers make better decisions than relying on sizes alone. Success requires selecting the right technology for the use case, designing clear capture experiences, protecting user privacy, and validating outcomes against real-world results. When these elements align, online body-measurement tools reduce friction, improve satisfaction, and unlock new personalization that benefits both shoppers and brands.

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    • Fees; Payment. By signing up for a Services account you agree to pay Outlet Bikini the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Outlet Bikini reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Outlet Bikini.
    • Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Outlet Bikini to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free outletbikini.com services. All support will be provided in accordance with Outlet Bikini standard services practices, procedures and policies.
  5. Responsibility of Website Visitors. Outlet Bikini has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Outlet Bikini does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Outlet Bikini disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which outletbikini.com links, and that link to outletbikini.com. Outlet Bikini does not have any control over those non-Outlet Bikini websites and webpages, and is not responsible for their contents or their use. By linking to a non-Outlet Bikini website or webpage, Outlet Bikini does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Outlet Bikini disclaims any responsibility for any harm resulting from your use of non-Outlet Bikini websites and webpages.
  7. Copyright Infringement and DMCA Policy. As Outlet Bikini asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by outletbikini.com violates your copyright, you are encouraged to notify Outlet Bikini in accordance with Outlet Bikini Digital Millennium Copyright Act ("DMCA") Policy. Outlet Bikini will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Outlet Bikini will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Outlet Bikini or others. In the case of such termination, Outlet Bikini will have no obligation to provide a refund of any amounts previously paid to Outlet Bikini.
  8. Intellectual Property. This Agreement does not transfer from Outlet Bikini to you any Outlet Bikini or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Outlet Bikini. Outlet Bikini, outletbikini.com, the outletbikini.com logo, and all other trademarks, service marks, graphics and logos used in connection with outletbikini.com, or the Website are trademarks or registered trademarks of Outlet Bikini or Outlet Bikini licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Outlet Bikini or third-party trademarks.
  9. Advertisements. Outlet Bikini reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
  10. Attribution. Outlet Bikini reserves the right to display attribution links such as 'Blog at outletbikini.com,' theme author, and font attribution in your blog footer or toolbar.
  11. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
  12. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
  13. Changes. Outlet Bikini reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Outlet Bikini may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  14. Termination. Outlet Bikini may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your outletbikini.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Outlet Bikini if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Outlet Bikini notice to you thereof; provided that, Outlet Bikini can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  15. Disclaimer of Warranties. The Website is provided "as is". Outlet Bikini and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Outlet Bikini nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  16. Limitation of Liability. In no event will Outlet Bikini, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Outlet Bikini under this agreement during the twelve (12) month period prior to the cause of action. Outlet Bikini shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  17. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Outlet Bikini Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  18. Indemnification. You agree to indemnify and hold harmless Outlet Bikini, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  19. Miscellaneous. This Agreement constitutes the entire agreement between Outlet Bikini and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Outlet Bikini, or by the posting by Outlet Bikini of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Outlet Bikini may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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