In order to be able to make the ofakind.com website (the “Site”) available to you, Of a Kind, Inc. (“Of a Kind”) requires you to agree to and abide by the requirements set out below (“Terms”). If you do not agree to all these Terms, you do not have any right to use the Site or services. Of a Kind’s acceptance is expressly conditioned upon your assent to all these Terms, to the exclusion of all other terms; if these Terms are considered an offer by Of a Kind, acceptance is expressly limited to these Terms.
- You must be at least 18 years of age to use the Site or have a legal guardian agree that you can use the Site.
- If you are using the Site on behalf of a business, then you must have authority, and your use of the Site is a warranty that you have the authority, to bind that business to these Terms.
- You are responsible for ensuring that your use of the Site complies with all laws, rules and regulations applicable to you. These Terms are void and use of the Site is revoked where use is prohibited.
- Of a Kind reserves the right, in its sole discretion, to change these Terms at any time by posting a notice on the Site. You are responsible for reviewing and becoming familiar with any such modifications. If you don’t agree with the new terms, please don’t continue using the Site. Continued use of the Site after we post new Terms constitutes an acknowledgement that you agree to such new Terms.
- Of a Kind maintains other policies, guidelines, and requirements posted on the Site from time to time. We expect that you will, and you agree to, abide by any other requirements posted on the Site. Your use of the Site is subject to all of these policies, guidelines, and other requirements which are incorporated into these Terms.
YOUR ACTIVITIES ON OF A KIND
You are solely responsible for your conduct and activities on and regarding the Site:
You agree and understand that:
- You are solely responsible for your conduct on the Site, including for any data, text, information, graphics, profiles, audio, and video that you post, submit or display on the Site.
- When posting images that we host on the Site to outside websites you must include a link back to the Site and the page on which that image or content appears, and otherwise comply with these Terms.
- Should you choose to use the community features of the Site, such as commenting, social networking, etc., please be aware that any personal information (such as name, phone number, address, email address, etc.) that you elect to share will be shown to other users of Of a Kind. Therefore, do not post such information unless you intend it to be available to the public.
Your use of the Site shall not:
- Infringe upon our designers’ rights. If you reproduce, sell, modify their designs, post their designs to other sites without a link back to Of a Kind, you will be infringing upon the designer’s copyright and other rights.
- Be unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person. We are attempting to create a community at Of a Kind and will not tolerate users that threaten, impersonate, abuse or harass other Of a Kind users or act in any way that is outside of these Terms or the spirit of Of a Kind.
- Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
- Use Of a Kind for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
- Do anything on Of a Kind that is fraudulent or involves the sale of illegal, counterfeit, stolen items, this includes designers misrepresenting work as their own and buyers attempting to reproduce a designer’s merchandise.
- Modify, adapt, disassemble or otherwise change or interfere with the use of Of a Kind.
- Upload, post or display any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Post, submit or display anything that is false, inaccurate, misleading, defamatory, trade libelous, unlawfully threatening, unlawfully harassing, obscene, profane, vulgar, offensive, or otherwise not appropriate, as determined by us.
- Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
- Impersonate any other user or person or entity.
- Post links that violate these Terms or that link to other sites that may contain the same or similar merchandise as listed here or a design by the same designer.
- Link to the Site in a manner that would create an association between Of a Kind and another site, or indicate that Of a Kind approves, endorses or is otherwise related to another site.
- Interfere with or disrupt use of the Site or violate the security, servers or networks of the Site.
- Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
- Create or submit through or otherwise use Of a Kind to engage in any unwanted email solicitations, spam, or other business that is unrelated to Of a Kind.
- Of a Kind will use reasonable efforts to ensure that the Site is available twenty-four hours a day, seven days a week. However, the Site may not be continuously available due to maintenance, upgrades and emergency repairs to our software, hardware or infrastructure.
- Of a Kind reserves the right to refuse service to anyone for any reason at any time.
- We may need to change or discontinue certain aspects of the Site. We may do so with or without notice to you.
- By uploading content to the Site, you agree to allow other Of a Kind users to view and comment on the content and you agree to allow Of a Kind to display the content on the Site, and store, modify, reformat, distribute and otherwise use and exploit the content forever as we see fit.
- Of a Kind, and all content, trademarks, logos, designs, graphics, images, audio, video, software are owned by us and our licensors. Of a Kind is protected by United States and international copyright laws, and all rights are reserved by us and our licensors.
- If we feel that it is within our best interest, we may cooperate with law enforcement, court, third party or government investigations if we are requested or directed to comply.
THIRD PARTY SERVICES
Of a Kind may enable you to use third party services, such as Twitter, Facebook, blogging sites, emailing content, etc. Of a Kind may also contain links to websites outside the Site. When you use these third party services or link to another website, you are no longer dealing directly with Of a Kind. Before using any of these features, you should review the terms of service and privacy policies of any such third party provider.
- Of a Kind uses a third party to process payments for purchases that you make on the Site. These third party agents have separate Terms and Conditions that you must agree to as part of the checkout process. We are not responsible for their Terms and Conditions or for the security and privacy of any credit card or other personal information that you submit through them.
- We will ship orders in accordance with your requests at checkout. All orders will be subject to our Shipping Policy.
- Returns and refunds are governed by our Return Policy.
Disclaimer of Warranties – WE PROVIDE THE SITE “AS IS, AS AVAILABLE”, AND YOUR ACCESS OF THE SITE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY PARTICULAR OUTCOME, OR THAT THE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. OUR SERVICES AND THE SITE ARE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY). TO THE FULLEST EXTENT ALLOWED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
Liability Limitation – WE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (EVEN IF YOU HAVE BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES). OUR CUMULATIVE LIABILITY RELATING TO YOUR USE OF THE SITE (REGARDLESS OF ITS BASIS), SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS THAT YOU PAY IN CONNECTION WITH A PARTICULAR PURCHASE YOU MAKE FROM THE SITE AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Choice of Law – This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.
Disputes – In the event a dispute arises between you and Of a Kind, please email us at email@example.com and we will work quickly toward a solution. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.
Disputes with Other Users – In the event that you have a dispute with one or more users, you release us, Of a Kind (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Notice – You may contact us using the various methods listed on our Contact page. If we need to contact you, we will use any contact info you have provided to us.
No Agency – You and Of a Kind are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
Assignment – You may not assign, transfer, delegate or sub-license any of your rights under these Terms. We may assign, transfer, delegate or sublicense any of our rights under these Terms.
Severability – If any provision of these Terms is illegal, void or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary for the rest of the agreement to remain enforceable.
No Waiver – Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, Of a Kind must provide you with written notice of such waiver, provided by one of our authorized representatives.
Entire Agreement – These Terms and any policies, guidelines, and requirements that we post on Of a Kind state the complete understanding between you and us. No modification of these Terms will be enforceable against Of a Kind unless in writing and signed by an authorized representative.
Headings – The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.