Terms of Service
Last Updated: September 1, 2015
Welcome to Wearshare!
Thank you for using our mobile applications, websites (the "Site"), and other products or services (collectively, the "Services"). The Services are provided by Wearshare, LLC ("Wearshare", "we", "us" or "our").
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using our Services, you are agreeing to be bound by these Terms. Please read them carefully, and if you have any questions CONTACT US. If you are not eligible, or do not agree to these Terms, then please do not use our Services.
If you order any product or service provided through the Site, then fulfillment of your order is expressly conditioned upon your assent to these Terms.
- Orders and Fees
- Return Policy
- Using Wearshare
- Copyright Policy
- Wearshare Ownership and Proprietary Rights
- Disclaimers and Limitations of Liability
- Additional Terms
1. Orders and Fees
When you place an order to purchase a product from Wearshare, we will send you an e-mail confirming receipt of your order and containing the details and the total value of your order. Your order represents an offer to us to purchase one or more products. We accept this offer by sending an order confirmation e-mail to you. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that we later cancel, we will issue you a cash or credit card refund.
Wearshare currently accepts the following forms of payment: Visa, Mastercard, American Express, and Discover.
If you do not own any of the above listed credit cards and would still like to place an order, please contact us directly at email@example.com.
Some payments may be processed through PayPal or other electronic payment vendors. Your relationship with the electronic payment vendor is separate from your relationship with us and is governed by the terms and conditions contained in such vendor's agreement and posted on their website.
Our team averages about 5 days to make your order once it's been placed. Within the USA, we then mail via the USPS, which adds an extra 3-4 days.
In the USA, if there are no production issues your order will likely arrive in your mailbox about 10 days after the purchase is placed with us, but delivery times vary. We custom make every order and as such can not guarantee a specific delivery date.
As we process your order, we will inform you by e-mail if any items you order turn out to be unavailable or if their delivery will be delayed due to any reasons.
International orders (outside of the USA) are subject to the local postal systems of their native country. Orders tend to arrive in their destination country about 15 days after being placed. Depending on your country this last leg of the journey can take anywhere from 2 days to over a month.
All recipients outside of the USA are responsible for any local import duties, customs and brokerage fees, or taxes that may be charged. Usually these charges are paid for by the carrier (USPS, UPS or DHL) on import of the shipment and then are invoiced to the recipient on or after delivery of the shipment. Wearshare will not be able to offer compensation or refunds for orders that are not deliverable because customs fees are not being paid for by the recipient.
2. Return Policy
14-Day "No-Questions-Asked" Returns
If you are dissatisfied with your purchase, for whatever reason, you may request a full refund within 14 days of your receipt of the product after contacting our customer service team and receiving a return authorization number. You will be credited for your full purchase less our initial shipping charge. You may also Kik us @wearshare or call our support line at (415) 412-4108.
If you receive an incorrect item (i.e. an item differing from the item in your order confirmation email) please contact our customer service team. Wearshare will provide an immediate replacement with the correct item.
Should your shipment arrive at your delivery address damaged contact our customer service as soon as possible with a photograph of specific damage. Wearshare will gladly remake your order and send it out again.
3. Using Wearshare
a. Who can use Wearshare
You may use our Services only if you can form a binding contract with Wearshare, and only in compliance with these Terms and all applicable laws. When you create your Wearshare account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you
Conditioned upon your acceptance of and compliance with these Terms and our policies, Wearshare grants you limited, non-transferable, and revocable license to access and use our Services.
c. Your Wearshare Account
You may need a Wearshare Account in order to use some of our Services.
We care about the security of our users. While we work to protect the security of your content and account, Wearshare cannot guarantee that unauthorized third parties will not be able to defeat our security measures.
To protect your Wearshare Account, keep your password confidential. You are responsible for the activity that happens on or through your Wearshare Account. Try not to reuse your Wearshare Account password on third-party applications. Keep your username/password secure and do not allow anyone else to use your username/password to access our Services. We are not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge. Please notify us immediately of any compromise or unauthorized use of your account.
a. Posting Content
Some of our Services allow you upload, submit, store, publish, send or receive content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Services is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Wearshare. We have no obligation to backup User Content and you should take appropriate steps to maintain your User Content.
b. How Wearshare and other users can use your User Content
When you upload, submit, store, send or receive content to or through our Services, you grant, and warrant that you have the right to grant, Wearshare and its users (and those we work with) a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license use your User Content in any manner or media now or later developed, for all purposes, including the right to use, host, store, reproduce, modify, assign, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), commercialize, communicate, publish, publicly perform, publicly display and distribute, sell and offer to sell such content without any payment due to you.
The rights you grant in this license are for all purposes, including operating, promoting, providing, improving and using our Services, and to develop new ones. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. If you do not want to grant this license, do not upload, submit, store, publish, send or receive content to or through our Services.
Nothing in these Terms shall restrict other legal rights Wearshare may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
c. How long we keep your Content
Following termination or deactivation of your account, or if you remove any User Content from Wearshare, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Wearshare and its users may retain and continue to use, host, store, reproduce, modify, create derivative works, commercialize, communicate, publish, publicly perform, publicly display and distribute, sell and offer to sell any of your User Content that other users have stored or shared through Wearshare.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Wearshare more awesome. You are under no obligation to provide feedback, though if you choose to submit comments, ideas or feedback, you acknowledge that such feedback is Content you upload, submit, store, publish, send or receive to or through our Services, subject to the license grant and disclaimers of Section 4. You agree that we are free to use your submission without any restriction or compensation to you. By accepting your submission, Wearshare does not waive any rights to use similar or related Feedback previously known to Wearshare, or developed by its employees, or obtained from sources other than you.
e. Restrictions on Content and Use of the Services
By accessing or using the Services you also agree not to:
(i) violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights and publicity rights;
(ii) use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
(iii) "stalk," intimidate, abuse, harm or harass another Site user or person;
(iv) post, upload, or distribute any Content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
(v) use the Site Content for commercial purposes, other than for creating, buying and selling bracelets or other Wearshare products;
(vi) modify, copy, translate, create derivative works from, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit, sell or otherwise use any Site Content or User Content, without our prior written consent, unless it is your own User Content that you legally post to or through our Services;
(vii) change or delete any ownership notices from materials downloaded or printed from the Site;
(viii) perform any fraudulent activity including (i) impersonating any person or entity, (ii) forging any headers or any header information, (iii) claiming false affiliations, (iv) accessing the Services accounts of others without permission, (v) falsifying your age or date of birth, or (vi) sending any deceptive information;
(ix) reverse engineer or otherwise attempting to discover the source code of the Services or any part thereof except to the extent that such activity is expressly permitted by applicable law;
(x) interfere with security-related features of the Services, including without limitation by (i) breaching, disabling or circumventing security and authentication measures that prevent or limit use or copying of any Content, (ii) accessing, tampering with, or using non-public areas of the Services or Wearshare’s computer systems or networks, or (iii) probing, scanning, or testing the vulnerability of any system or network;
(xi) interfere with, or disrupt, the operation of the Services or the enjoyment of any user by, without limitation, (i) uploading or otherwise disseminating a virus, adware, spyware, worms, or other malicious code (ii) sending excessive or unsolicited messages, email, or other communications to, on, or through the Services, (iii) interfering with or creating an undue burden on the Services or designing any Content to do the same, (iv) making unsolicited offers or advertisements to other users of the Services, (v) collecting personal information about users or third parties without their consent, (vi) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or (vii) violating the regulations, policies, or procedures of such networks, equipment, or servers;
(xii) sell or otherwise transfer the access granted herein or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials; or
(xiii) attempt to do any of the foregoing in this Section 4, or assist or permit any persons in engaging in any of the activities described in this Section 4.
f. Representations and Warranties about your Content
By posting and publishing your Content, you affirm, represent, and warrant that:
(i) You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and authorize Wearshare and users of the Services to use and distribute Content you upload, submit, store, publish, send or receive to or through our Services as necessary to exercise the licenses granted by you in this Section 4 and in the manner contemplated by Wearshare and these Terms; and
(ii) Content you upload, submit, store, publish, send or receive to or through our Services, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person.
g. Content Disclaimer
You are solely responsible and liable for your use of Content. We do not prescreen User Content and you acknowledge that we are acting only as a passive channel for such distribution. We are under no obligation to edit, monitor, or control Content that you or others upload, submit, store, publish, send or receive to or through our Services, and we will not be in any way responsible or liable for such Content. We make no representations and disclaim any obligations with respect to the completeness, truthfulness, accuracy, or reliability of any Content. We do not endorse any Content, including, for instance, opinions you or other users upload to the Services. You may see or hear Content that you may find offensive, harmful, inaccurate, deceptive, or otherwise inappropriate through your use of the Services. Wearshare will not be liable under any circumstances for any claims, losses or damages relating to any Content. For instance, Wearshare will not be liable for any claims, losses, or damages arising from errors or omissions in Content or damage resulting from use of Content. If you use or rely on any Content, you do so at your own risk. Even in the event we choose to monitor any User Content, we assume no responsibility for, or any obligation to monitor or remove, such User Content. Wearshare may, however, at any time and without prior notice, screen, remove, edit, or block any Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable remedies you have or may have against Wearshare with respect to Content. If notified by a user or content owner that Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice. For clarity, Wearshare does not permit copyright-infringing activities on the Services.
5. Copyright Policy
Wearshare respects the intellectual property rights of others and expects its users to do the same. It is Wearshare's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended), tg. If you have any complaints with respect to material posted on the Services, you may contact our Designated Copyright Agent:
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Wearshare's Designated Copyright Agent. Upon receipt of the Notice as described below, Wearshare will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Service. DMCA Notice of Alleged Infringement ("Notice").
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Service where such reference or link may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Wearshare’s Designated Copyright Agent:
Wearshare Copyright Agent
PO BOX 4685
Telephone: +1 415 412 4108
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
If you believe that material that you posted to the Services has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to the Digital Millennium Copyright Act, you may send us a Counter Notification ("Counter Notification") asking that the material be restored (if you are eligible to have the material restored, as outlined below). Pursuant to federal law you may be held liable for damages and attorneys' fees if you make any material misrepresentations in a Counter Notification. Please note that we are required to send a copy of your Counter Notification to the person who submitted the original Copyright Infringement Notification and that in response to a Counter Notification that person may file a lawsuit against you seeking a determination of its rights with respect to the material.
To be effective your Counter Notification must be a written communication provided to Wearshare’s Designated Copyright Agent that includes substantially the following information:
Your full legal name and your electronic or physical signature.
Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
Provide your mailing address, telephone number, and, if available, email address.
Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district where you live (or, if you are located outside of the United States, in the District of Oregon and that you will accept service of process from the person who submitted the Notification (or an agent for that person).
7. Wearshare Ownership and Proprietary Rights
The Services are owned and operated by Wearshare. All intellectual property and content on the Site (except for User Content) is owned by Wearshare, or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, logos, service marks and trade names (e.g. WEARSHARE) are owned, registered and/or licensed by Wearshare. All content on the Site (except for User Content), including but not limited to the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (the "Materials" or "Site Content") provided by Wearshare are a collective work under the United States and other copyright laws and is the proprietary property of Wearshare, all rights reserved. All Materials contained in the Services are the property of Wearshare or our third-party licensors. Except as expressly authorized by Wearshare, you may not make use of the Materials. Wearshare reserves all rights to the Materials not granted expressly in these Terms. These Terms do not include a grant of trademark or other intellectual property rights and you may not use the Wearshare name, trademarks, or any other brand features without express, written permission.
8. Disclaimers and Limitations of Liability
a. Warranty Disclaimer
The Site, User Content, Site Content, and products placed for display, sale or sold on or through the Services are provided "AS IS" and "AS AVAILABLE" basis without warranties of any kind. You use the Services at your own sole risk. With respect to the Site, User Content, Site Content, and products sold on or through the Services, to the fullest extent permitted by law, Wearshare and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (the “Wearshare Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, OR NON-INFRINGEMENT, OR ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL MEET YOUR SPECIFIC REQUIREMENTS OR DESIRED RESULTS, BE UNINTERRUPTED, SECURE, COMPLETE, ACCURATE, AVAILABLE, TIMELY, RELIABLE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE Wearshare ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALINGS WITH OTHER USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
b. Third-Party Links, Sites, and Services
Our products and services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Wearshare. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Wearshare, you do so at your own risk and you agree that Wearshare will have no liability arising from your use of or access to any third-party website, service, or content.
Wearshare may provide tools through the Services that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Wearshare with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. You should carefully review the Terms and Conditions and Privacy Policies of all other pages, websites, applications and other services that you visit and/or use.
c. Limitation of Liability
Wearshare shall not be liable to you or anyone for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, good-will, use, data or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on upon contract, negligence, strict liability in tort, warranty or any other legal theory, arising out of or related to (i) the use or the inability to use the Services; (ii) the Site Content, User Content, or Content otherwise available on the Services; (iii) the conduct of other users of the Services or third parties; (iv) the performance of the products purchased through the Services; (v) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained, messages received or transactions entered into through or from the Services; (vi) unauthorized access to or alteration of your data or User Content; (vii) termination or downgrading of your account or (viii) any other matter relating to the Services or any other of our other products or services. Our maximum cumulative liability and your exclusive remedy for any claim arising out of or relating to the Terms of Service, use of the Site, Site Content or User Content is to stop using the Site. If we are found to be liable to you for any damage or loss which is in any way connected with your use of the Site, our aggregate liability shall not exceed US$100.00. Our liability shall never be in excess of the amounts paid to us by you for products. Applicable law may not allow the limitation or exclusion of liability, so the above limitations may not apply to you.
The Above Limitation applies even if a remedy set forth in these Terms has failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.
Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of the provisions is severable and independent of all other provisions of these terms.
9. Additional Terms
You agree that you will be responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless Wearshare and its officers, directors, employees, consultants, affiliates, licensors, subsidiaries and agents from and against all losses, liabilities, costs (including without limitation attorneys' fees), damages, judgments, claims, of every kind and nature, arising from or relating in any way with (i) your access to, use of, or alleged use of the Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
If you violate any provision of these Terms, your license to use the Services will terminate automatically. We reserve the right in our sole discretion to (i) terminate your Services account, (ii) delete your profile and any of your User Content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site.
You understand and agree that some of your User Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Site, in our products and services, or on other platforms (e.g., Facebook), may continue to appear on the Site or on other products, services or platforms even after your User Content is removed or your account is terminated.
These Terms of Service remain in effect even after your account is terminated. The Terms of Service relating to Intellectual Property, Our Rights To Your User Content, Indemnification, User Interactions, Warranty Disclaimer, Limitation of Liability, Miscellaneous and terms that by their nature may survive termination shall survive any termination.
c. Wearshare Disclosure
We reserve the right to use and disclose any information which we believe, in our discretion, is necessary for any of the following purposes:
(i) to comply with applicable law, regulation, legal process or government order;
(ii) to enforce or investigate potential violations of these Terms;
(iii) to protect Wearshare and its users against fraud, technical or security concerns, or threats to property interests; or
(iv) to communicate with you and other users.
d. Discontinuation and Modifications of the Services
Wearshare may temporarily or permanently change or stop providing the Services or any part or parts of the Services to you, other users, or both. We reserve the right to modify or discontinue the Services at any time. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services.
e. User Interactions
You are responsible for your interactions with other people, whether through our Services or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other users, persons you meet through the Services, or persons who find you because of information posted to, by or through our Services. You agree to take reasonable precautions in all interactions with other users on our Services, whether online or offline, and conduct any necessary investigation before meeting another person.
f. Consent to Electronic Communications
By using the Services, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
g. Mobile Services
Our Services may contain features that are available to certain mobile devices. Your carrier's normal rates and fees apply. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you agree to update your account information within 48 hours to ensure that we don't send your messages to a different person.
h. Website Jurisdiction
You agree that the Site shall be deemed a passive website solely based in Oregon, USA, which does not give rise to personal jurisdiction over us in jurisdictions other than Oregon.
i. Law and Venue
j. Limitations on Claims
Any cause of action or claim you may have with respect to the Site (including without limitation the purchase of our products) must be commenced within one (1) year after the claim or cause of action arises.
k. No Waiver
Wearshare's failure to require and enforce your compliance with any provision of these Terms does not affect our right to require and enforce your compliance with that provision in the future. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that or any other right or provision and a waiver of any breach or default of these Terms will not be deemed a waiver of any subsequent breach or default or a waiver of the provision itself. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Service.
We may assign our rights and duties under these Terms of Service to any party at any time without notice to you. You may not sell, assign or otherwise transfer any of your rights or obligations under these Terms of Service to anyone, in whole or in part, by operation of law or otherwise, without our prior written consent.
If a court or other administrative body rules that any provision of these Terms is invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
n. Additional Terms
Your use of the Services is subject to any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to on the Services (the “Additional Terms”), such as end-user license agreements for any downloadable applications that we may offer or rules applicable to particular features, information, or Content on the Services, subject to Section 9o. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
o. Modifications of these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively but will become effective immediately upon publication. Your continued use of the Services shall confirm your acceptance to the revised Terms. If you do not agree to the amended Terms, you should discontinue your use of the Services. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect that the time the dispute arose.
p. Entire Agreement
These Services are operated and provided by Wearshare LLC, PO BOX 4685 Portland, OR 97208. If you have any questions about these Terms, please contact us.