Terms and ConditionsINTRODUCTION Welcome to the OURthreads community. By using OURthreads.com and any affiliated websites (collectively, the "OURthreads Site") you are agreeing to abide by the terms and conditions of this agreement (the “Agreement”). Before you may become a member of OURthreads, you must read and accept all of the terms and conditions in this Agreement and the OURthreads Privacy Policy. USE OF THE OURTHREADS SITE While on the OURthreads Site you agree TO DO the following: -Be respectful and courteous to other users. -Use the OURthreads Site to conduct a sale or trade of an item only if you are 18 years or older or have the permission of a legal guardian. -Keep your password safe and secure. You are responsible for all activity occurring under your user name. -Only post items that you own or that you are legally permitted to post for sale. -Agree to abide by all the terms and conditions of this Agreement and the OURthreads Privacy Policy. While on the OURthreads Site you agree NOT to do any of the following: -Post any counterfeit or knock-off item for sale or trade. -Violate any agreements you may have with other parties relative to distribution/sale or resale of their items. -Post any pictures, content, or language that is considered Inappropriate Content (defined below). -Fail to live up to your obligations pursuant to a sale or trade conducted on the OURthreads Site. -Utilize the OURthreads Site to send spam, illegal and/or unwanted email to other users. -Interfere or attempt to interfere with the proper working of the OURthreads Site or any activities conducted on the OURthreads Site, including, without limitation, disrupting or jeopardizing the feedback and ratings system. -Utilize the OURthreads Site to send viruses or perform any other illegal or bad acts. -Gather user information other than that which is provided to you or made available to you in the normal course from the various functions of the OURthreads Site. -Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content or items that violate the rights of a third party (including copyright or other intellectual property rights). -Transfer, share, or sell your user name or identification. REMEDIES (SUSPENSION AND TERMINATION) If you violate any of these terms and conditions of this Agreement or the OURthreads Privacy Policy, OURthreads may, without limiting our other available remedies, suspend or terminate the OURthreads service and your user accounts on the OURthreads Site and/or any other community affiliated with OURthreads, prohibit your access to the OURthreads Site, and take technical and legal steps to keep you off of the OURthreads Site if we believe you are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of OURthreads' policies. Fees owed to OURthreads or other users at the time of suspension or termination will remain your responsibility. FEES AND SERVICES If you wish to sell an item on the OURthreads Site, you must be a registered user in good standing and completed the seller registration process. OURthreads may charge certain fees for using the OURthreads Site, as posted on OURthreads' then-current Price List. All fees listed in the Price List are in U.S. Dollars, and are subject to change at any time. Any fee change is effective immediately. Transaction-based fees are collected at the time of purchase and are refundable in the event that the buyer returns an item and a refund of the purchase price is issued. Item posting fees are collected at the time the item is posted on the OURthreads Site and are nonrefundable. Sellers are responsible for shipping the item to buyers. Items should be received by the buyer no later than ten (10) business days from the date of payment. You will always be given the opportunity to confirm or cancel before you are charged a fee. ADVERTISING If you choose to purchase Easy Ads or Sponsored Closets (collectively, the “Advertisement(s)”), you must be a registered user of OURthreads in good standing. Each Advertisement must be submitted to and approved by the OURthreads staff before the Advertisement is placed onto the OURthreads Site. Once an Advertisement is approved, your account will be charged for the amount of the advertising package you selected. You will receive a receipt for your Advertisement purchase via email. An Advertisement will not be approved if it contains or advertises a closet that contains Inappropriate Content (defined below). The acceptance of an Advertisement is at OURthreads' discretion and OURthreads reserves the right to accept or reject an Advertisement for any or no reason. INAPPROPRIATE CONTENT You may NOT post any of the following (“Inappropriate Content”) anywhere within the OURthreads Site: -Nudity -Images/Content depicting violence or dangerous or illegal acts -Hate speech or malicious use of stereotypes -Obscenity -Sexuality explicit content -Slanderous or libelous content -Pictures or content whose use or publication on the OURthreads Site would violate the rights of another party -Counterfeit items -Content or items that are mislabled, misleading, or incorrectly categorized -Pictures of items that do not match the item description -Content considered to be offensive or inappropriate in the sole discretion of OURthreads TRUST RATING Upon registering as an OURthreads member, you are given a Trust Rating of zero stars. As you conduct transactions through the OURthreads Site, the other parties to the transactions will be asked to rate your trustworthiness (with 1 star representing the lowest trust rating), and you will be asked to rate the other users. Your trust rating may not be manipulated or transferred to or from another user or website. You are required to submit fair and honest ratings of other users when requested to do so. Failure to submit fair and honest ratings may lead to the suspension or termination of your OURthreads account. OURthreads reserves the right to suspend or terminate your OURthreads account in the event you have a trust rating of lower than two (2) stars. CONTENT You own all content, data, files, works, materials or information that you post to the OURthreads Site (“Content”). OURthreads does not claim any ownership in your Content. By displaying or posting your Content to the OURthreads Site you grant to OURthreads a non-exclusive, royalty-free, irrevocable, sublicensable right to use, modify and display your Content solely within the OURthreads Site. This license will terminate upon your removal of the Content from the OURthreads Site or upon the termination or expiration of your OURthreads account. Notwithstanding the above grant of license, by displaying or posting your Content on the OURthreads Site, you grant to OURthreads the right to retain the Content perpetually. You represent to OURthreads that you are the rightful owner of all Content you post on the OURthreads Site and that the display of your Content on the OURthreads Site does not violate the rights of any third party. OURthreads reserves the right to remove any Content from the OURthreads Site, inappropriate or otherwise, at its sole discretion. You may not post, modify or distribute any Content belonging to another user unless you have their express permission to do so. NOTICE TO COPYRIGHT OWNERS If you feel your copyrighted material is being used on the OURthreads Site without your permission, please refer to our Notice to Copyright Owners . INDEMNITY You shall defend, indemnify, and hold OURthreads, its subsidiaries, affiliates, officers, owners, managers, employees, suppliers, vendors and directors harmless from and against any claim or demand made by any third party, and any loss, liability, or expense (including reasonable attorneys' fees) arising therefrom, or any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of or related to your breach of this Agreement or the OURthreads Privacy Policy, or your violation of any law or rights of a third party. LIMITATION OF LIABILITY IN NO EVENT SHALL OURTHREADS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OWNERS, MANAGERS, EMPLOYEES, SUPPLIERS, VENDORS OR DIRECTORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, OR ANOTHER LEGAL THEORY. IN ANY EVENT, THE LIABILITY OF OURTHREADS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OWNERS, MANAGERS, EMPLOYEES, SUPPLIERS, VENDORS, AND DIRECTORS SHALL NOT EXCEED THE GREATER OF (i) FIVE HUNDRED DOLLARS ($500), OR (ii) THE TOTAL AMOUNT OF FEES PAID BY YOU TO OURTHREADS PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE DISPUTE. COMPLIANCE WITH APPLICABLE LAWS You shall, at all times during your use of the OURthreads Site, comply with all applicable United States and international laws which may govern your use of the OURthreads Site, OURthreads, and its services. You will not use robots, programs, software, etc. to attempt to access the OURthreads Site or to artificially influence trades, sales, Advertisements, etc. DISPUTE RESOLUTION You are solely responsible for your interaction and transactions with other users on the OURthreads Site. This Agreement and the OURthreads Privacy Policy shall be governed in all respects by the laws of the State of Indiana as they apply to agreements entered into and to be performed entirely within Indiana between Indiana residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against OURthreads must be resolved by a Federal or State court located in Indiana. You agree to submit to the personal jurisdiction and venue or the court located closest to the city of Bloomington, Indiana and you agree to submit to the personal jurisdiction and venue thereof. RESERVATION OF RIGHT TO CHANGE TERMS
AND CONDITIONS OURthreads reserves the right to modify
or amend the terms and conditions listed herein at any time and without
notice. The date of the most recent update will always be posted
at the bottom of this page. You agree to be bound by the terms
and conditions of the most recent version of this Agreement. NOTICES In the event that you wish to provide
a legal notice to OURthreads, please mail your notice to Attn:
OURthreads Notice, 251 East Ohio Street, Suite 500; Indianapolis, IN
46204. INDEPENDENT PARTIES You and OURthreads are independent
contractors. No agency, partnership, joint venture, employee-employer
or franchisee-franchiser relationship is intended or created by this
Agreement. PRIVACY This Agreement incorporates the terms
and conditions of the OURthread Privacy Policy. Please click HERE
to see the OURthread Privacy Policy. GENERAL This Agreement, including the Privacy
Policy, represents the complete agreement of the parties with respect
to the subject matter hereof, and shall be deemed to supersede all prior
agreements between the parties concerning such subject matter, whether
written or oral, and the terms and provisions of any such prior agreement
shall be deemed to have been merged into this Agreement. If any
provision or portion of any provision of this Agreement not essential
to the commercial purpose of this Agreement shall be held to be illegal,
invalid or unenforceable by a court of competent jurisdiction, it is
the intention of the parties that the remaining provisions or portions
thereof shall constitute their agreement with respect to the subject
matter hereof, and all such remaining provisions or portions thereof
shall remain in full force and effect. The failure of either party
at any time, or for any period of time, to enforce any of the provisions
of this Agreement shall not be construed as a waiver of such provisions
or as a waiver of the right of such party thereafter to enforce each
and every such provision. |
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