Wearshare Privacy Policy (USA)

Last Updated: October, 2011

This Privacy Policy describes how Wearshare, LLC. ("Wearshare", "we", "us" or "our") collects and uses your information. By using our website, mobile application or other Wearshare product or service, you consent to our Privacy Policy. Regardless of which options you select in any privacy settings, we cannot guarantee any confidentiality or privacy with respect to any of your personal information.

Changes to this Privacy Policy
We may amend this Privacy Policy from time to time, without notice, effective upon its posting. Your continued use of our products and services constitutes your acceptance to this Privacy Policy and any updates.

Information We Collect
You consent to our collection, transfer and storage of information you provide us and information we may collect from you or other sources.

  1. Information You Provide to Us
    We receive and store any information you provide to us. Information you provide may include your name, birth date, gender, email and physical address, telephone number, photos, credit card information (when necessary) and other content. You can choose not to provide us with certain information, but this may limit your ability to take advantage of certain services or features we offer.

  2. Information We Collect From You
    We may automatically receive and store certain types of information whenever you interact with our products and services. Information we may collect includes, but is not limited to, information on our server logs from your browser including your IP address, cookie information, device hardware information and identifier, browser type and language, system type, whether you have enabling software to access certain features, referring website URLs, information about your purchases and other information about your interactions with us.

    We may also collect your location data. If you do not want us to collect your location information, do not use a location-based feature, select the option that does not allow us to access your location when prompted by your device, or adjust your settings.

  3. Information From Other Sources
    We may receive and store information about you that is publicly available or that we receive from third parties. For example, we may collection information and content from various platforms like Facebook, Flickr, Tumblr, Instagram, Hipstamatic, and others and pull in your photo streams and contacts with your permission.

  4. Children’s Privacy
    We do not knowingly collect or solicit personal information from children under 13.

  5. Collection Tools
    We may automatically record and receive information within our products and services or stored by your browser or device. We may use a variety of methods to collect this information, including cookies, pixel tags, web beacons or other methods (“Collection Tools”). We use Collection Tools to enhance your experience and make it more efficient. For example, we may track the use of our products and services and also keep users logged in and remember their preferences. We may also use Collection Tools in emails or other communications with you to confirm delivery, to track communications or uses of our products and services.

    If you prevent these Collection Tools, you may not be able to use our products and services or many of our features and some of our products, services or features may not function properly.

  6. Email and Phone Communications
    You may receive email or phone calls from us from time to time, for instance to request information regarding your account or payment, to notify you of new features, changes to our products and services, specials or promotions or to provide you with information that you request, and you hereby consent to receipt of any such email or phone call.

How We Use the Information
The information we gather enables us to provide you with our products and services and to help you administer your account. You consent to our use of your information to do the following:

  • Enable you to use our products and services
  • Enhance, customize and personalize your Wearshare experiences and communications
  • Use our features, such as importing photo streams, creating products, sharing with friends, tagging, location check-ins and other activities
  • Operate, provide, improve and maintain our products and services, including analyzing user behavior and trends
  • Send you administrative messages and other information about us in which we believe you may be interested
  • Communicate with you about your purchases, account information and other customer service issues and requests
  • Communicate with you about our products and services and for other promotional purposes
  • Administer promotions and provide other features
  • Display relevant marketing to you

Information We Share
You consent to our sharing of information for the purposes described below.

  1. Service Providers
    We may transfer your information to our service providers to conduct business on our behalf. For example, they may handle maintaining servers, sending email, analyzing data, providing marketing assistance, processing credit card payments and providing customer service, shipping, information analysis and data management. We may also share your information to administer Wearshare features such as photo sharing and product creation.

  2. Other Users
    Please keep in mind that any information that you make public on or through the Site will be accessible by other users and may be used by them.

  3. Business Transfers
    If Wearshare, or substantially all of its assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, user information, including your information, would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us may continue to use your information as set forth in this Privacy Policy.

  4. By Law or to Protect Rights
    We may disclose information when we believe that disclosure is necessary to comply with the law, to enforce or apply our Terms of Service and other agreements, or to protect the rights, property or safety of us our employees, affiliates, users or others, and defend ourselves against third-party claims. This may include exchanging information with other companies and organizations for fraud protection and credit risk reduction. We may also disclose information upon governmental request or in response to a court order.

  5. With Your Consent
    We may share information when you provide us with your consent to do so. For instance, when you request goods, information or services from our affiliates or a third party through us, or when you post information to our products or services, you provide your consent for us to share that information with others. Please note that whenever you post public information on or through our products and services you are giving us your consent to share that information with third parties.

Information You Share
When you join or use certain products and services, you agree to publicly share a basic amount of information, which may include your name, your photos, the products you create, your user comments and other information. You are responsible for the information you choose to share. In order to participate in certain features, you may have to adjust your settings to share more information.

By using our products or services through various platforms, such as Facebook, Flickr, Tumblr, Instagram, Hipstamatic and others, your settings from those platforms will control how your information is shared within those platforms. To adjust what information is shared from those platforms, adjust your settings within those platforms. Please read the privacy policies of those platforms, because your Wearshare activity and content published on those platforms will no longer be governed by our Privacy Policy.

How We Protect Information
We use a variety of security measures, including encryption and authentication tools. All credit card and other checkout information you supply is transmitted via Secure Socket Layer (SSL) technology.

Regardless of these efforts, we cannot guarantee the security or confidentiality of the information you provide to us. We are not responsible for the actions of others or the circumvention of any privacy settings or security measures. Please be mindful of what you post, because it may become publicly available.

Protect Your Information
You are responsible for maintaining the confidentiality of your account and password (if applicable), restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password.

Access to Information
To modify or delete your information, please adjust your settings. Even then, your information previously posted or shared may still be publicly viewable. We may keep information and content in our backup files and archives.

Notifications and Verifications
We may use e-mail or other contact methods to notify you of our special offers, newsletters, and alerts or features. We may also use e-mail or other contact methods to disseminate passwords, validate requests and provide customer support. To unsubscribe and stop receiving messages, please change your settings or follow the instructions in the email, text message, notification or other communication you receive. Regardless of the settings you select, we may still send you service-related communications. If you have unsubscribed from any of our communications, you may still receive communications already in production due to production schedules.

Third Party Sites
We are not responsible for the content of any pages, websites, applications or other services linked to or from our products and services. Links appearing on our products and services are for convenience only and are not an endorsement by us or our affiliates or their partners of the referenced content, product, service or supplier. Your linking to or from any off-site pages or other websites is at your own risk. 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.

International Users
Our operations are conducted, in whole or in part, in the United States. Regardless of where you live in the world, you consent to have your personal data and information transferred, processed and stored in the United States, and to allow us to use and collect your personal information in accordance with this Privacy Policy.

Terms of Service
This Privacy Policy is incorporated into, and is subject to, the Terms of Service. Your use of our products and services, and any disputes arising from them, is subject to this Privacy Policy and our Terms of Service. Please visit our Terms of Service to review other terms governing the use of our products and services.

For questions or concerns, please contact us at support@wearshare.us / 415-412-4108



Wearshare's Terms of Service (USA)

Date of last revision: August 30, 2011

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. These Terms of Service govern the products and services made available to you by Wearshare, LLC. (“Wearshare”, “we”, “us” or “our”). By accessing or using this website, mobile application or other Wearshare product or service (collectively, the "Site"), including on any computer, mobile phone, tablet, console or other device, you signify that you have read, understand and agree to be bound by these Terms of Service and any other applicable law. 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 of Service. We may change these Terms of Service at any time without notice, effective upon its posting to the Site. Your continued use of the Site shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site.

Intellectual Property
All intellectual property and content on the Site (except for User Content, defined below) 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 text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Site Content") is a collective work under the United States and other copyright laws and is the proprietary property of Wearshare, all rights reserved. Nothing in these Terms of Service shall be interpreted as granting any license of intellectual property rights to you.

Site Use Restrictions
You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms of Service. You represent and warrant that your User Content and your activities on the Site do not and will not violate these Terms of Service or the rights of any third party, including infringing or misappropriating any third parties’ intellectual property and publicity rights. You also agree to the following:

  • Except for you creating, buying and selling bands or other Wearshare products, you may not use the Site Content for commercial purposes.
  • You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.
  • You will not 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 on the Site.
  • You will not use any data mining, robots, scraping or similar data gathering methods.
  • You will not take any action or use the Site in a way that violates any law, would create liability or promotes illegal activities.
  • You will not take any action on the Site designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any software or hardware, telecommunications equipment or the site, including posting viruses, programs or other code.
  • You will not circumvent or modify any Site security technology or software.
  • You will not collect or solicit personal information from other Site users or send unsolicited communications.
  • You will not use automated scripts to collect information from, or otherwise interact with, the Site.
  • You will not impersonate any person or entity or misrepresent yourself, your age or your affiliation with any person or entity.
  • You will not attempt to use another user’s account, username or password.
  • You will not "stalk," intimidate, abuse, harm or harass another Site user or person.
  • You will provide complete and accurate information and keep your account information up-to-date.

Safeguard Your Username/Password
You are responsible for any actions that take place while using your account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Site. We are not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

User Content
"User Content" is data, code, files, videos, photos, messages, comments, information, materials, links, designs, graphics, and any other content that you and/or other Site users post or upload on or through the Site, except to the extent that the content is owned by us. We have no obligation to backup User Content and you should take appropriate steps to maintain your User Content.

Rules for User Content
You are solely responsible for your User Content and your activity on the Site. You represent and warrant that you own or control all rights in any User Content that you post to the Site.

Do not post User Content that:
  • Is illegal or promotes illegal activity, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, malicious, false, harassing, threatening, insulting, obscene, unsuitable for minors, invasive of privacy or safety or is otherwise objectionable in our sole discretion
  • Violates or infringes anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets.
  • Violates or infringes anyone’s privacy or publicity rights
  • Is private information of anyone else, without their consent
  • Is advertising
  • Is not owned by you, unless you have permission from the owner to grant us all of the license rights granted in these Terms of Service
  • Involves the transmission of “junk mail”, unsolicited mass mailings or “spam”.
  • Falsely implies that we sponsor, endorse or are otherwise affiliated with you or your User Content

User Content is Not Prescreened
We do not prescreen User Content and cannot guarantee the Site will be free from User Content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no obligation to you or any third party, and shall have no liability relating to any User Content or activities of users on the Site. 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.

Our Rights to Your User Content
Your User Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to us an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual right to use your User Content in any manner or media now or later developed, for all purposes, including the right to reproduce, distribute, transmit, perform, display, create derivative works from, translate, modify, assign, sell, offer to sell, export and commercialize without any payment due to you. If you do not want to grant this license, do not post User Content.

Eligibility
To become a member of the Site, or post User Content, you may be required to register for an account or to register for an account on another platform (e.g. Facebook). You agree to provide accurate and current information about yourself in all registration forms used in conjunction with the Site. This Site is intended solely for users who are 13 years of age or older and it is a violation of these Terms of Service for anyone under 13 to use the Site. You represent and warrant that you are 13 or older. If you are between 13 and 18 years old, you must obtain your parent/guardian's permission to use the Site and post User Content.

Sales Policy
Product Orders: All orders placed through the Site are subject to our acceptance. 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.
Electronic Payment Vendors: 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.
Returns and Refunds: All sales are final and we do not accept returns. If, however, you have a problem or are unsatisfied with your order in any way, please contact us by filing a support request here: support@wearshare.us. You may also call our support line at 415-412-4108.
Shipping: Currently, we ship anywhere in the United States where USPS will ship. Products usually ship within 3-4 days after we receive your order.

Electronic Communications
By using the Site, 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.

Mobile Services
The Site may contain services and 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.

User Interactions
You are responsible for your interactions with other people, whether through the Site or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Site users, persons you meet through the Site, or persons who find you because of information posted on, by or through the Site. You agree to take reasonable precautions in all interactions with other users on the Site, whether online or offline, and conduct any necessary investigation before meeting another person.

Submissions
In the event that you submit or post any creative suggestions, proposals, or ideas about our Site or other products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.

Links
The Site may contain links to websites, applications or other products or services operated by other companies (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which have separate terms of use and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk.

International Users
We control and operate the Site from our offices in the United States. We do not represent that Site Content or User Content are applicable, appropriate or available for use in locations outside the United States. If you choose to access the Site from locations outside of the United States, you do so at your own initiative and risk.

Privacy
Our Privacy Policy, which is incorporated into these Terms of Service by this reference, further describes the collection and use of information on this Site. You agree to our use of your personal information and content in accordance with our Privacy Policy.

Copyright Notice and Takedown
If you are a copyright owner and you believe that your work has been copied and used on the Site in a way that constitutes copyright infringement, please contact our copyright compliance officer and provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Contact our copyright compliance officer at:

Kavan Bahrami
415-412-4108
PO BOX 4685 Portland, OR 97208 USA
support@wearshare.us

Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.

Counter Notification
If you believe that material that you posted to the site 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 our designated agent that includes substantially the following information: (1) Your physical or electronic signature; (2) identification of 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; (3) 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 of the material to be removed or disabled; (4) your name, address, and telephone number, and 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).

Notifications should be sent to:

Kavan Bahrami
415-412-4108
PO BOX 4685 Portland, OR 97208 USA
support@wearshare.us


Warranty Disclaimer
The Site, User Content, Site Content, and products sold on or through this Site are provided “AS IS” and without warranties of any kind. You use the Site at your own sole risk. With respect to the Site, User Content, Site Content, and products sold on or through this Site, to the fullest extent permitted by law, we disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, accuracy, title and non-infringement. Without limiting the foregoing, we do not warrant that (i) the Site or other products and services will meet your specific requirements or desired results, (ii) the Site will be uninterrupted, error-free, timely or secure, that any defects will be corrected, or that the Site is free of viruses or anything else harmful, or (iii) the results obtained from the use of the Site will be accurate or reliable. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of the materials or Site Content or User Content or items placed for display or sale in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you download or otherwise obtain Site Content and User Content at your own risk, and that you will be solely responsible for your use and any damage to your device in which you access the Site, loss of data or other harm of any kind that may result. We reserve the right to change any and all Site Content, User Content and other items used or contained in the Site at any time without notice.

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, goodwill, 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 Site; (ii) the Site Content, User Content or the conduct of other Site users or third parties; (ii) the performance of the products purchased through the Site; (iii) 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 Site; (iv) unauthorized access to or alteration of your data or User Content; (vi) termination or downgrading of your account or (vii) any other matter relating to the Site 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 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.

Indemnification
You agree to indemnify, defend, and hold harmless Wearshare, LLC., its affiliates, officers, directors, employees, agents, and licensors 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 to your use of the Site, your conduct in connection with the Site or your violation of these Terms of Service, any law or the rights of any third party.

Termination
We reserve the right in our sole discretion to (i) terminate your 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.

Miscellaneous

Website Jurisdiction
You agree that this 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.

Law and Venue
You agree that this Site, Terms of Service, Privacy Policy and any dispute between you and us shall be governed in all respects by Oregon law, without regard to choice of law provisions, and not by the United Nations Convention on the International Sale of Goods. These Terms of Service are further subject to Oregon Revised Statutes Chapter 72, “Sales”. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of our products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Multnomah County, Oregon. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Multnomah County, Oregon.

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.

No Waiver
Our failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Service.

Assignment
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.

Severability
If any provision in these Terms of Service is invalid or unenforceable, the remaining provisions of these Terms of Service shall continue to be valid and enforceable.

Entire Agreement
These Terms of Service and Privacy Policy constitute the entire agreement between you and us and govern your use of the Site. These Terms of Service supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of the Terms of Service.