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Agreement between user and ONCEWEAR.COM (“ONCEWEAR”). This Agreement governs your use of the ONCEWEAR website.

Welcome to ONCEWEAR.com. The OnceWear.com website (the “Site”) is comprised of various web pages operated by ONCEWEAR and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your initial use and continued use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. If you do not accept these Terms & Conditions, then do not use this website.

The ONCEWEAR.com is an ONLINE MARKET PLACE Site.

PRIVACY

Your use of the Site is subject to ONCEWEAR’s Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting the Site or sending emails to ONCEWEAR constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

USE OF THE SITE

The Site and its contents (the “Content”) are intended only for users of ONCEWEAR. You are prohibited from using the Site or the Content for any purpose not related to the intended use of the Site. Prohibited uses include, but are not limited to: (i) downloading, copying, or re-transmitting a portion or all of the Site or the Content, without, or in violation of, a written license or agreement with ONCEWEAR or by other means than those allowed by the Site to third-party social media accounts (assuming the Content is not altered in any way or maintains the appropriate watermark) ; (ii) using any type of data gathering or extraction methods; (iii) manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology; (iv) registering, subscribing, unsubscribing, or attempting to register, subscribe or unsubscribe any party for any ONCEWEAR product or service if you are not expressly authorized by such party to do so; (v) using the Site or the Content other than for its intended purpose or for any unlawful purpose; (vi) using the Site for any commercial purpose or for any commercial or non-commercial purpose which involves a public display; (vii) introducing viruses worms, Trojan horses and/or harmful source code via the Internet or otherwise); (viii) interfering with the security of, or otherwise abusing the Site or any system resources, services or networks connected to or accessible through the Site.

ITEMS FOR SALE - Users may post items for sale on the Site and purchase any times posted for sale on the Site, but by doing so they agree to the following: (i) Purchasing Users will pay Selling Users for all items purchased after a purchase has been made unless the item’s description has been materially changed, the Purchasing User may an obvious purchase error or the Selling User’s identity has not been verified; (ii) Selling Users will deliver any items purchased from them unless the Purchasing User has failed to pay for the item or the Purchasing User’s identity cannot be verified.

ITEMS FOR SWAP – Users may post items for swap and then make and receive offers to swap their posted items with other User’s listed swappable items. Only items listed as for swap can be swapped. Users can find items to swap for by searching the swap menu. Once offers to swap are made, they must be accepted within seventy-two (72) hours or they will expire. To accept an offer to swap, a User needs to to pay a fee of $9.95 to ONCEWEAR. The User who sent the swap offer will then have seventy-two hours to pay a fee of $9.95 to ONCEWEAR and if this takes place, the swap transaction will be complete. If the User who has sent the swap does not respond in the seventy-two hours, the offer will expire and the User who accepted the swap and paid the $9.95 fee will have that fee refunded. If the swap is declined of the swap time expires, then the swap items will be released again so that they may be swapped with other Users swap items. Once a swap transaction is completed and both parties have made payment, each party will be provided with the other parties shipping information and necessary contact information. Each Member is responsible for their own shipping costs to ship the swap items and both Members will be required to exchange tracking information. ONCEWEAR has no responsibility for shipping the items or ensuring they were shipped.

Users agree that they will not sell or swap any item on the Site which is a controlled substance, tobacco, firm arm, or alcoholic beverage or is otherwise illegal in their jurisdiction, the buyers or swappees jurisdiction or ONCEWEAR’s jurisdiction. Prohibited uses by any Users include, but are not limited to: (i) Any manipulation of item pricing; (ii) Any interference with items for sale by other Users; (iii) any attempt, successful or not, to circumvent the ONCEWEAR fees or billing process; (iv) any action that would negatively interfere with the ONCEWEAR feedback and rating system; (v) the sell or promotion of any items that are unlawful in the location in which the Selling User resides; (vi) the sell or promotion of tobacco, firearms, alcoholic beverages or controlled pharmaceutical substances; (vii) the display of any material which exploits children of any age; (viii) the promotion or solicitation of any business; (ix) the participation or solicitation of any multi-level marketing or pyramid schemes; (x) the advertisement or promotion of any User’s business, website, or items for sale on other website.

ONCEWEAR does not allow children under the age of thirteen (13) to use the Site. If you are using the Site, you acknowledge and warrant that you are thirteen (13) or older and ONCEWEAR has no liability for users under this age that use the Site against this provision. If you are under the age of eighteen (18), you must ask your parent or guardian for permission to use this website as well as use their parent or guardian’s Payment Accounts.

PURCHASES, RETURNS, PAYMENT DETAILS AND TAXES

Users may resister with ONCEWEAR for free. Purchasing Users will not pay any fees for making purchases. Selling Users do not have to pay a listing fee, but are liable for a 12% commission fee as well as a 3.5% service charge for any item that is sold through the Site. It is the Seller’s option whether the Seller or Buyer will be responsible for shipping fees and the choice will be clearly stated on the listing. Buyers will send their payment to ONCEWEAR and once it is confirmed to ONCEWEAR that the Buyer has received the item, ONCEWEAR will release the money to the Seller minus any applicable fees. ONCEWEAR reserves the right to change any fees listed on the Site at their discretion.  Swapping Users must have a credit card on file, which ONCEWEAR will charge upon any completed swap transaction.

If a Buying Member does not like an item, that Member will have to contact the Selling Member via email or through the ONCEWEAR messaging system and ask for a return. It is up to the Seller’s total discretion if a return will be allowed and this will be clearly stated on the listing for the item. ONCEWEAR is not responsible for the return should a Selling Member allow such returns.

Any issues with purchasing and payments should be directed towards the contact info found in the Contact Us section of these terms. Users withdrawing real currency via Payment Accounts are put on notice that the third party payment accounts may also charge their own processing fees in addition to any fees collected by ONCEWEAR. Any taxes from any governmental authority which are generated by your use of the Site or solely your responsibility. ONCEWEAR does not calculate or collect any taxes due, except when the Buying Member reside in the State of California. In these instances ONCEWEAR will collect a 7.5% CA sales tax. In all other transactions, Users must determine if they are responsible for sales tax and then pay those sales tax if responsible.

Shipping issues, return issues and tax issues for both for sale and for swap items will follow the above rules if applicable such transaction.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password  and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ONCEWEAR is not responsible for third party access to your account that results from theft or misappropriate use of your account. ONCEWEAR and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

DISPUTE RESOLUTION

While ONCEWEAR does require its Users to abide by the Terms of this Agreement, it cannot guarantee that all Users will do so and has no obligation (other than terminating violation User’s accounts) to enforce these Terms upon Users. If any dispute arises between a buyer and a seller, the Users agree to first contact each other through the ONCEWEAR proprietary messaging system to resolve the dispute. If either User feels they are unable to resolve the dispute through this process, they may then contact ONCEWEAR at support@oncewear.com and ONCEWEAR will then help the User work with the other Party in order to find a solution. Users accept and agree that in all instances, including instances where ONCEWEAR is contacted to help resolve a dispute, ONCEWEAR accepts no liability for any previous, current or future transaction using the ONCEWEAR Site and ONCEWEAR makes no warranties or representations, express or implied, as to the accuracy of the information posted on our Site and therefore cannot guarantee a favorable outcome for any or all disputes. Users should also note that PayPal offers buyer and seller protections which may be utilized if available by ONCEWEAR Users.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

The Site contains links to other websites (“Linked Sites”). The Linked Sites are not under the control of ONCEWEAR and ONCEWEAR is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ONCEWEAR is providing these links to you only as a supplement to the ONCEWEAR service, and the inclusion of any link should not imply endorsement by ONCEWEAR of the site or any association with its operators beyond the endorsement of website to supplement the ONCEWEAR service.

Certain services made available via ONCEWEAR may be delivered by third party sites and organizations. By using any product, service or functionality originating from the ONCEWEAR Site domain, you hereby acknowledge and consent that ONCEWEAR may share such information and data with any third party with whom ONCEWEAR has a contractual relationship to provide the requested product, service or functionality on behalf of ONCEWEAR users and customers.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

As a condition of your use of this Site, you warrant to ONCEWEAR that you will not use the Site or Content for any purpose that is unlawful, including but not limited to, money laundering,and/or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any Content or other materials or information through any means not intentionally made available or provided for through the Site. Any use of this Site to spam other users, advertise or otherwise promote any object or person or entity through any means is STRICTLY PROHIBITED.

Users who use the Site represent and warrant the following: (i) Any image the User uploads (whether of items for sale, swap or otherwise)(“Item Images”) is the owned by the User or the User has the right to the copyright to all Item Images submitted to ONCEWEAR; (ii) The Item Images do not violate any laws or the rights of of any individuals or business entities including copyrights, trade secrets, privacy rights, and right to publicity; (iii) The Item Images have not been submitted with the intent to harass, threaten, bully, embarrass, or cause distress, unwanted attention, or discomfort upon another person or entity; (iv) The Item Images are not unlawful, discriminatory, libelous, slanderous, defamatory or sexually explicit; (v) The Item Images do not exploit any person under the age of eighteen (18). ONCEWEAR may accept or reject any uploaded Content at its sole discretion.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ONCEWEAR or its suppliers or licensors/contributors and is protected by copyright and other laws that protect intellectual property and proprietary rights. Unless otherwise agreed, you agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Unless otherwise agreed, you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ONCEWEAR content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content without the express written permission of ONCEWEAR and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ONCEWEAR or our licensors except as expressly authorized by these Terms.

By uploading Content to the ONCEWEAR Site, you grant ONCEWEAR a non-exclusive, non-transferable, perpetual, world-wide license to use the Content in any manner ONCEWEAR sees fit to promote the ONCEWEAR Site or for other uses to further ONCEWEAR’s interests. ONCEWEAR will not resale the Content, unless otherwise provided in writing by the Content rights holder. Upon written request from the right’s holder of the Content, ONCEWEAR shall discontinue its use of and license in the Content within a reasonable period of time and in a reasonable, practicable manner. ONCEWEAR will not be responsible for the continued use of the Content (whether use by ONCEWEAR negligence or the negligence of a third party) and the Content’s right’s holder’s only remedy for such continued use is to request, in writing, the Content’s discontinuance by the aggrieving party.

By uploading Content to the ONCEWEAR Site, you understand your Content may be shared or used in any manner by ONCEWEAR users. ONCEWEAR has listed non-permissible uses herein, but claims no responsibility for any sharing of Content by users with third-party organizations (including, but not limited to charity organizations and social networks), any mis-use of the Content by the Users or any continued use of the Content by the Users in instances where you request ONCEWEAR to discontinue use of the uploaded Content.

USE OF COMMUNICATION SERVICES

The Site contains bulletin board services, sharing options, chat areas, video chat availability, groups, forums, communities and/or other message or communication facilities designed to enable you to communicate and broadcast with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, bully, stalk, engage in conversations of a sexually explicit nature, engage in terror activities, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload any files that contain software or other material protected by intellectual property laws (by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

ONCEWEAR has no obligation to monitor the Communication Services. However, ONCEWEAR reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ONCEWEAR reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ONCEWEAR reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ONCEWEAR’s sole discretion. Specifically, ONCEWEAR may report communications regarding possible terror activities or communications of a sexually explicit nature to the authorities.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. ONCEWEAR does not control or endorse the content, messages or information found in any Communication Service and, therefore, ONCEWEAR specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ONCEWEAR spokespersons, and their views do not necessarily reflect the views of ONCEWEAR.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

REPORT OF CONTENT ABUSE

If you feel uploaded Content is unlawful or breaches the terms and conditions of this Agreement or otherwise infringes upon another’s intellectual property rights, you may note such alleged abuse to ONCEWEAR via methods proscribed on the Site. Also, if you are witness to or a victim of any action prohibited by these Terms and Conditions, ONCEWEAR asks your help in identifying such behavior via methods proscribed on the Site. Your report of any alleged abuse is not mandatory and will be kept anonymous.

THIRD PARTY ACCOUNTS

You may be able to connect your ONCEWEAR account to third party accounts to share both Content and the result of the use of Communication Services. By connecting your ONCEWEAR account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner do not use this feature.

INTERNATIONAL USERS

The Service is controlled, operated and administrated by ONCEWEAR from our offices within California, U.S.A. If you access the Service from a location outside California, U.S.A., you are responsible for compliance with all local laws. You agree that you will not use the ONCEWEAR Content accessed through the ONCEWEAR Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ONCEWEAR, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or Services, any user posting made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ONCEWEAR reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ONCEWEAR in asserting any available defenses.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ONCEWEAR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ONCEWEAR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ONCEWEAR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONCEWEAR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL  DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE SUE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONCEWEAR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION

ONCEWEAR reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Violation of any of these Terms of Use may result in an immediate ban by ONCEWEAR from the Site of any User or Group found to have violated the Terms of Use. If you have been previously banned from the use of this Site you are ineligible to sign-up for to use the Site or to view the Site’s Content. By using this Site, you represent and warrant that you have not been previously banned by ONCEWEAR to use the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ONCEWEAR as a result of this agreement or use of the Site. ONCEWEAR’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ONCEWEAR’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ONCEWEAR with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, or specified in writing by all parties involved, this agreement constitutes the entire agreement between the user and ONCEWEAR with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ONCEWEAR with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT

If you believe that your work has been copied and is/was available as Content on the ONCEWEAR site in violation of any copyright law or other intellectual property law, please provide ONCEWEAR with a written email communication including the following: (i) a description of the copyrighted work or other intellectual property that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located or was locate on the ONCEWEAR Site; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and (vi) an your electronic signature or the electronic signature of the person authorized to act on behalf of the owner of the copyright or intellectual property owner’s behalf.

CHANGES TO TERMS

ONCEWEAR reserves the right, in its sole discretion, to change the Terms under which the ONCEWEAR Site is offered. The most current version of the Terms will supersede all previous versions. ONCEWEAR encourages you to periodically review the Terms to stay informed of our updates.

WAIVER/SEVERABILITY

ONCEWEAR’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any provision or part thereof these Terms or Use is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that nearly as possible reflects the terms of the unenforceable provision or part thereof.

GOVERNING LAW

The Site is controlled, operated and administered by ONCEWEAR from within California, U.S.A. The Site can be accessed from any country around the world. As each jurisdiction has laws that may differ from those of California, U.S.A., by accessing this Site, you acknowledge and agree that all matters relating to the use of the Site shall be governed by the laws of California, U.S.A. and the federal laws of the U.S.A. applicable therein. Use of the Site may be unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

CONTACT US

ONCEWEAR welcomes your questions or comments regarding the Terms:

Email: support@oncewear.com