The following terms of service (the "Terms of Service") are the terms and conditions pursuant to which the website located at http://WoogieWoo.com (the "Website") provided by WoogieWoo.com (the "Operator"), may be used and accessed.
Your use of the Website is expressly conditioned on your compliance with these Terms of Service. By clicking, accessing or using the Website, you are indicating that you agree to be bound by these Terms of Service. We reserve the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel any feature of the Website, including making any of the changes in its general practices and policies from time to time. We may, in our sole discretion, make changes to these Terms of Service, from time to time. Each time changes are made to the Terms of Service, a revised version of these Terms of Service, will be posted on this page. Your continued use of the Website following such posting of changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Service on this page. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version.
The Website is intended for the use of users over the age of 14. In order to be able to sell or buy on the Website, you must be over the age of 18 or have the permission of your legal guardian.
Privacy Policy
The Website's Privacy Policy can be found at http://WoogieWoo.com/Privacy and is hereby incorporated by reference.
The Website
The Website provides users the ability to use the WoogieWoo Fashion Marketplace by buying and selling items.
The Website also enables users to put up for sale fashion items, including original designs of apparel, accessories, jewelry and other fashionable genre's, along with up to 5 detail photos, a full description of the item including it's possible defects, while specifying the shipping details and costs with a pre announced fixed price (not by means of auction). It enables to then sell these items to users on the site, and pay for such items via PayPal, which then obligates the selling party to send the item to the buyer by the means and costs specified by such seller.
The Operator will not enable commerce in non fashion related items, and reserves the right to remove from the Website items that do not fall within such criteria.
Use of the Website
WoogieWoo.com is not directly involved in the transactions on the Website between buyers and sellers. As a result, WoogieWoo has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. WoogieWoo.com does not pre-screen users or the content or information provided by users. WoogieWoo.com cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, WoogieWoo.com does not transfer legal ownership of items from the seller to the buyer nor can WoogieWoo.com guarantee the true identity, age, and nationality of a user.
WoogieWoo.com encourages you to communicate directly with potential transaction partners through the tools available on the Website. You may also wish to consider using a third party escrow service or services that provide additional user verification.
You agree that the Website is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Website. You use the Website service at your own risk.
The use of the Website is subject to the applicable and current fees, which consist of a 5% Sales Commission on every successful sale and a listing fee ranging from $0.10-0.25 USD. These may be amended from time to time.
You agree that you shall not offer the opportunity through the Website to purchase items outside of the Website or use the Website, in any manner, for the sale, or the promotion of a sale, of items outside of the Website.
For more information on the guidelines regarding the use of the Website please refer to: the FAQ's Page.
User Account
In order to use the Website you must create a user account (the "Account"). As part of the registration process, you must select a password (the "Password") and a user Name (the "User Name"). You shall provide WoogieWoo.com with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Account.
You are responsible for maintaining the confidentiality of your Account, User Name and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account.
You may not
(i) select or use a User Name of another person with the intent to impersonate that person;
(ii) use a name subject to the rights of any other person without authorization; or
(iii) use a User Name that the Operator, in its sole discretion, deems inappropriate or offensive. You shall notify the Operator of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. You shall be responsible for maintaining the confidentiality of your Password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at the Operator's sole discretion, and you may be reported to appropriate law-enforcement agencies.
Fees
There are no fees associated with a shopper account. If a shop is created there are no start-up fees. Fees associated with a shop are "posting fees" which range from $0.10-0.25 per item and are purchased in bundle packages from $1.00-$10.00. For each item that is sold there is a flat 5% commission fee that is directly taken from the sale total not including the shipping price. This fee does not include the standard fees associated with Paypal (Paypal.com).
Submissions
WoogieWoo.com does not claim ownership rights in your content.
You agree to grant the Operator a license to use any information or content you provide it with, so that the Operator is not violating any rights you might have in that content. You grant the Operator a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow the Operator to store, re-format and post your content on the WoogieWoo.com web site or promotional materials WoogieWoo.com produces or publishes. You also grant the Operator the right to use your name in connection with the submitted content and other information. WoogieWoo.com will only use personal information in accordance with WoogieWoo.com Privacy policy that can be found here http://WoogieWoo.com/Privacy
You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify the Operator for all claims resulting from material you supply.
Creating a shop
As a user of the Website you have the ability to submit content of your own, including but not limited to photos, images, design and other files ("Content"). You retain all rights you already hold in the Content, including, without limitation, copyrights. The Operator makes no guarantees that this Content will be permanently hosted on the Website and/or anyone acting on its behalf. Upon uploading your Content you grant the Operator permission to display the Content within the Website and/or to use it to promote the Website and/or the Operator in other media.
The Operator does not control the Content posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Operator be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the access to or use of any Content posted, emailed, transmitted or otherwise made available via the Website.
You agree to not use the Website to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, pornographic, sexually explicit depicts graphic or gratuitous violence or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, an Operator's official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage with one another;
j. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. "stalk" or otherwise harass another user; or
m. collect or store personal data about other users.
Proprietary Rights
Exclusive ownership of all rights, title and interests in the Website and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Website and the technology related thereto are retained by their respective owners. This provision shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter. Without derogating from any of the provisions herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Website (or any part thereof, or any software underlying the Website), other than as expressly authorized.
Links to Third Parties
The Website contains links to websites which are not part of the Website. Links to third party websites are provided for your convenience and information only. Third party websites are not under Operator's control and the Operator is not responsible for the content or accuracy of those sites or the products or services offered on or through those sites, nor can the Operator guarantee that sites will not change without its knowledge. The inclusion of a link in this Website does not imply the Operator's endorsement of the third party website nor that is the Operator affiliated with the third party website's owners or sponsors.
Trademarks
Any and all trademarks, service marks, product names, and trade names of the Operator appearing on the Website are owned by the Operator. All other trademarks, service marks, product names, and logos appearing on the Website are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Website without the owner's prior written consent.
Indemnification
You agree to indemnify the Operator and its officers, employees, agents and representatives, and to hold them harmless, from any and all losses, claims and liabilities (including attorney's fees) which may arise from your illegal, unauthorized or abusive use of the Website or any other service contemplated thereby.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE OPERATOR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND/OR QUALITY OF SERVICE. THE OPERATOR MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPOSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR DATA STORED ON IT, AND TO ANY DAMAGES TO RECEIENTS' COMPUTER SYSTEMS OR DATA STORED ON RECEPIENTS' COMPUTER SYSTEMS. IN NO EVENT WILL THE OPERATOR BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
THE WEBSITE MAY BE SUBJECT TO CHANGES IN THE OPERATOR'S PRACTICES AND POLICIES REGARDING VARIOUS FEATURES INCLUDED IN THE WEBSITE. IN ADDITION, THE OPERATOR GIVES NO WARRANTY REGARDING THE ONGOING NON-INTERRUPTABLE AVAILABILTY OF THE WEBSITE OR THE TIMES AT WHICH IT WILL BE AVAILABLE.
Miscellaneous
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof.
(b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the state of California, and the eligible courts in California shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
(c) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the express written consent of the Operator. Upon reasonable notice posted on www.WoogieWoo.com, the Operator may assign or transfer this Agreement at its sole discretion.
(d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.