Last Updated: June 29, 2014
This Terms of Service (hereafter TOS) is a legally binding agreement between you and Wear This One (hereafter WTO). The WTO website and corresponding WTO mobile applications (collectively hereafter “WTO,” “we,” “us”, or “our”) are owned and operated by Rexford, LLC; located in Ohio.
This TOS governs yours and our rights and obligations with respect to any pictures, videos, information, tags, messages, graphics or other materials and any “collections” or “favorites” of the foregoing (collectively, “Content”), uploaded, transmitted, tagged or posted (altogether, “Posted”) by you or other WTO users.
By clicking “I Agree,” downloading, accessing or using content, software, products and/or services available throughout a WTO website and/or mobile applications you agree to be bound by this TOS. If you do not agree to be bound by this TOS, then you must refrain from downloading, accessing, or using WTO in any capacity.
WTO reserves the right to modify the TOS at any time. We may provide you notice of modifications or updates as appropriate under the circumstances. Your continued use of WTO will confirm your acceptance of the TOS. We encourage you to periodically review the TOS to ensure that you understand all the terms and conditions that apply to your use of WTO. If you do not agree to any amended TOS, then you must stop using WTO and you must delete your WTO account.
Basic Terms and Prohibited Actions
- You must be at least 13 years old to use WTO websites and/or mobile applications.
- You agree that you use WTO at your own risk. WTO will provide you with the opportunity to contribute content to the WTO community by uploading Content from your computer to our servers. Please note that other users of WTO will be able to view any Content that you upload. In addition, if another user shares any Content you Post, such Content will become part of such other user’s profile and will be available to other users and anyone wishing to view such Content unless you later decide to remove the Content from your own user profile. As such, you should only provide Content you are comfortable sharing under this TOS.
- You are solely responsible for your interaction with other users of WTO, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
- You are solely responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, WTO prohibits the creation of an account for anyone other than yourself. You also represent that all information you provide or provided to WTO upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via WTO.
- You are solely responsible for keeping your password secret and secure.
- You agree to keep your password secure and confidential and to not allow anyone else to use your username or password to access WTO.
- You are solely responsible for your use of WTO, and for any consequences or liability arising therefrom.
- You agree not to post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, vulgar, pornographic, or sexually suggestive photos or other content via WTO.
- You agree not to Post any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, but not limited to, Posting discriminatory, racist or xenophobic Content;
- You agree not to solicit, collect or use the login credentials of other WTO users.
- You agree not to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities.
- You agree not to post private or confidential information; including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You agree not to create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any WTO users.
- You agree not to use WTO for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (including federal, state, local, provincial, and international law) applicable to your use of WTO; including but not limited to, copyright laws.
- You agree not to change, modify, adapt or alter WTO; or change, modify, or alter another website so as to falsely imply that it is associated with WTO.
- You agree not to access WTO’s private API by means other than those permitted by WTO.
- You agree not to interfere or disrupt WTO or servers or networks connected to the WTO by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any WTO page.
- You agree not to create accounts with WTO through unauthorized means; including but not limited to: using an automated device, script, bot, spider, crawler, or scraper.
- You agree not to attempt to restrict another user from using or enjoying WTO and you must not encourage or facilitate violations of these TOS or any other WTO terms.
- You agree not toPost any Content that infringes intellectual or proprietary right of any party.
- You agree not to Post any Content that you do not have a right to Post, under any law or under any contractual or fiduciary relationship
- You agree not to Post any Content that includes images or videos of children, without first obtaining the consent of their parent or guardian to Post such Content
- You agree not to Post any Content that encourages thinspiration, depression, suicide, self-harm, eating disorder, alcohol abuse, illegal drug use, or that encourages minors to consume alcohol, use illegal substances, or smoke cigarettes, or any behavior that can negatively influence other users.
- You agree not to Post any Content, or take any other actions with respect to your use of WTO, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability
- You agree not to use WTO for commercial purposes without WTO’s prior written consent
- You agree not to solicit WTO users to become members of any commercial on-line service or other group or organization without first obtaining WTO’s express written consent
- WTO websites and/or mobile applications may contain advertisements targeted to users, Content or queries made through WTO, or other information. The types and extent of advertising by us on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that we and our third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You acknowledge that we may not always identify paid services, sponsored Content or commercial communications as such
- You understand that WTO is always evolving, and the form and nature of the WTO may change from time to time without prior notice to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
- WTO reserves the right to terminate your WTO account at any time if you violate these TOS, or if you otherwise create risk or possible legal exposure for WTO.
- If you create a WTO account (hereafter, “User Account,” or “Account”), you must:
- Agree to be bound by this TOS,
- Provide a valid email address, and
- Provide any other information required during the registration process.
- You are responsible for providing complete and accurate information when registering for a User Account.
- You are responsible for maintaining the security of your User Account password and any of your private information associated therewith.
- You agree not to create additional User Accounts for the purpose of abusing the functionality of WTO or to seek to pass yourself off as another user. You agree that you will not solicit, collect or use the login credentials of other WTO users.
- You are responsible for all Content that you post to WTO, as well as any other activity originating from the User Account we provide to you. We reserve the right to deny registration of any individual, and to deny access to WTO for any reason, with or without notice and at any time.
- Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the User Account we provide to you.
Suspension and Termination of Account and Service
Generally, a User Account will be considered active until we receive a user request to deactivate or delete it.
- We reserve the right to limit, suspend, terminate, modify, or delete the User Account we provide to you or your access to WTO or portions thereof (including any Content you or other users submit) for any reason, with or without notice and at any time, including, without limitation, if you are, or we suspect that you are, improperly using WTO, violating any applicable laws or failing to comply with this TOS.
- We also reserve the right to decide whether Content violates this TOS for reasons such as, but not limited to, pornography, obscenity, or excessive length.
- We may at any time, without prior notice and at our sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of this TOS
- We reserve the right to force forfeiture of or reassign any username for any reason, with or without notice, and at any time.
- We reserve the right to stop offering and/or supporting WTO or any part of WTO at any time either permanently or temporarily, for any reason, with or without notice to you, at which point your use of WTO or any part thereof will be automatically terminated or suspended.
- We will not provide refunds, benefits, or other compensation to users in connection with our exercise of any of our rights hereunder.
- You may cancel any User Account registered to you at any time and for any reason, thereby terminating this Agreement. Account cancellation will be effective upon WTO processing your request to terminate your account.
Third Party and Posted Content
- We do not review new Content prior to it being posted onto WTO. If you post Content to our server, you guarantee that you have the right to make this Content available for use in accordance herewith. You further agree that Content you Post to the Services will not contain third-party copyrighted material, or material that is subject to other third-party rights (including rights relating to publicity and privacy), unless you have permission from the rightful owner of the material or you are otherwise legally entitled to Post the material and to grant WTO all of the license rights granted herein.
- We do not guarantee, support or represent the completeness, reliability, truthfulness or accuracy of any Content appearing WTO. You understand that by using WTO, you may be exposed to Content that you may find offensive, inaccurate or otherwise inappropriate, deceptive or in some cases, mislabeled. We expressly disclaim any liability for any Content, including, but not limited to, any errors or omissions within any Content, or any loss or damage of any kind incurred as a result of the use of any Content Posted, emailed or otherwise made available via WTO
- WTO may contain links to third-party websites that are not owned or controlled by WTO.
- WTO may permit interactions between WTO and third-party applications or features, including applications that connect WTO or your profile with a third-party website or feature. For example, WTO may include a feature that enables you to share Content from WTO or your Content with a third party, which may be publicly posted on that third party’s service or application. We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third-party website, service, feature or application. In addition, we will not and cannot censor or edit the content of any third-party website, service, feature or application.
- By using WTO, you expressly relieve us of any and all liability arising from your use of any third-party website, service, feature or application.
- We reserve the right to remove hosted content and take technical and legal steps to bar users from WTO if we believe them to be in violation of this TOS. If you feel that any Content currently Posted on WTO is in violation of this TOS, please notify us at: email@example.com.
Content Ownership and Grant of Rights
- WTO and/or its third-party licensors retain ownership of all intellectual property rights in WTO’s website and any software, mobile applications, web browser extensions and/or bookmarks made available to you in connection with the WTO. However, we do not claim any ownership in the Content you or our other users Post.
- So that WTO can operate, maintain, market and improve our website and mobile applications, and so that our users can use and enjoy the same, when you Post Content through WTO, you give WTO, its affiliates and its third-party providers and partners a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which WTO is available), copy and create derivative works of such Content (either alone or as part of a collective work).
- As part of the foregoing license grant (the “User Content License”), you agree that other users of WTO shall have the right to comment on your Content and/or to include a copy of your Content as part of their own user profile and WTO Content
- Because of the social nature of Content shared through WTO, when you Post content onto WTO, others may choose to add descriptive commentary and tags to your Content and/or to favorite your Content, making your Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others and/or removing Content from another user’s profile. You may adjust your privacy settings to make certain portions of your profile private, but the content that you post will still be available through WTO, and others may choose to add descriptive commentary and tags to your Content and/or to share your Content. As such, and in order to maintain the integrity of WTO, you agree that WTO’s rights under the User Content License will continue to survive in perpetuity even if you stop using WTO or your account is otherwise terminated.
- Upon termination of your Account or upon your deletion of any Content from WTO, WTO shall make reasonable efforts to disassociate such Content from your User Account; however, you acknowledge and agree that:
- Caching of, copies of, or references to such Content may not be immediately removed;
- Such removed Content may persist in backups for a reasonable period of time; and
- Such removed Content may continue to be publicly available (and stored on our or third party servers) through the accounts of other users, if the same has been shared.
Interstate Nature of Communications on Wear This One
When you register with WTO, you acknowledge that in using WTO services to send electronic communications (including but not limited to email, search queries, sending messages to WTO users, uploading photos and files to WTO, and other Internet activities), you will be causing communications to be sent through WTO’s computer networks. As a result, and also as a result of WTO’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of WTO results in interstate data transmissions.
It is WTO’s policy to respond to notices of alleged copyright infringement that comply with any applicable intellectual property law, and to terminate the accounts of repeat infringers. If you believe your work appears on WTO in a manner that violates your intellectual property rights, please notify WTO at: firstname.lastname@example.org.
You hereby agree to defend, indemnify and hold WTO, our business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents (collectively, the “Indemnified Parties”) harmless from and against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that:
- Arises from any alleged breach by you of this TOS or any representations, warranties and/or covenants contained herein,
- Arises from the Content or effects of any Content you Post using WTO, or
- Otherwise arises from or relates to your use of WTO.
In addition, you acknowledge and agree that the Indemnified Parties have the right to seek damages when you use WTO for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with this TOS, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
You alone are responsible for your involvement with other users. WTO reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release WTO (and WTO’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Disclaimer of Warranties
WTO’s website, mobile applications, and their associated services are provided “as is,” and we expressly disclaim all warranties or conditions of any kind, express, implied, or statutory; including without limitation, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. WTO makes no warranties or representations about the accuracy or completeness of WTO’s content or the content of any websites linked to WTO.
WTO assumes no liability or responsibility for:
- Any errors, mistakes, omissions, or inaccuracies of any content,
- Any loss or damage of any kind, including personal injury or property damage of any nature, resulting from your access to and use of WTO
- Any unauthorized access to or use of WTO’s secure servers and/or any and all personal information and/or financial information stored therein
- Any interruption or cessation of transmission to or from WTO
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through WTO
WTO does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through WTO or any linked websites, or websites featured in any banner or other advertising. WTO assumes no liability or responsibility for monitoring any transaction between you and third party providers of products or services. You should use your best judgment and exercise caution where appropriate.
Some Jurisdictions do not allow warranties to be excluded, restricted, or modified, and contain limitations on warranty duration. Therefore, the above limitations of liability may not apply to you. You may also have other legal rights which vary depending on your place of residence. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. As such, we are not liable for any acts or omissions by any other party furnishing a portion of our services. Use of WTO and any reliance by you upon WTO is at your sole risk.
Except if you opt-out and except for certain types of disputes described in the arbitration section below, you agree that disputes between you and WTO will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. You agree that any claim you may have arising out of or related to your relationship with WTO must be filed within one year after such claim arose; otherwise, your claim is permanently barred. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if WTO is a party to the proceeding.
This Arbitration provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either WTO or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these TOS. This arbitration agreement will survive the termination of your relationship with WTO.
You may opt out of this agreement to arbitrate. If you opt out, neither you nor WTO can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this e-mail address to opt out: email@example.com. You must include your name, WTO username, residence address, the email address you use for your WTO account, and a clear statement that you want to opt out of this arbitration or send this information in writing to Rexford, LLC, Attention: Arbitration, PO Box 486, Bath, Ohio 44210.
This TOS (and any further rules, polices, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Ohio and applicable United States law, without giving effect to any conflicts of laws principles that may provide for the application of the law of another jurisdiction.
If any provision of this TOS is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these TOS and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the TOS remain in full force and effect.
If you are using the WTO on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These TOS constitute the entire agreement between you and WTO and governs your use of WTO, superseding any prior agreements between you and WTO.
You will not assign these TOS or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of WTO. Any purported assignment or delegation by you without the appropriate prior written consent of WTO will be null and void.
WTO may assign these TOS or any rights hereunder without your consent. This TOS do not confer any third-party beneficiary rights.