TERMS OF SERVICE
Last Modified: April 26, 2019
These terms of service are entered into by and between you and Reruns R Fun, Inc., a Nebraska non-profit corporation (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Service”), govern your access to and use of www.reruns.com, including any content, applications, features, functionality and services offered on, through or accessible through www.reruns.com and the purchase and sale of products and services through www.reruns.com (collectively, the “Website”).
THIS CONTRACT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
You must be eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction) or older and reside in the United States in order to use the Website or register for an Account. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Service
We may revise and update the Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, unless otherwise provided, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service, including any revised documents incorporated by reference in the Terms of Sale (“Policies”), means that you accept and agree to the changes. You are expected to check this page and the pages for any Policies from time to time so you are aware of any changes, as they are binding on you. The date the Terms of Service were last modified is indicated above. We may also provide notice to you of such changes by sending a message to the email address you provided in your Account or by posting such notice to the Website.
The Website provides a marketplace where an individual may list clothing and other allowed products for sale (“Listing”) and sell such products to third parties who may view the Listings and purchase such products. Company may offer you the ability to provide comments on products or other users and follow or be followed by other users. Company reserves the right to refuse, discontinue or block you from such features for acts we consider to be inappropriate, such as misrepresentations, personally threatening or offensive language or erratic behavior or acts that violate the Terms of Service. If you do not agree to the Terms of Service, including these provisions relating to these features, please do not use the Website.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY PROVIDING THE ONLINE MARKETPLACE THAT ALLOWS SELLERS AND BUYERS OF PRODUCTS TO CONNECT, IS NOT THE AGENT OF EITHER THE SELLER OR BUYER WITH RESPECT TO ANY PRODUCTS AND IS NOT PART OF ANY PURCHASE OR SALE TRANSACTION FOR A PRODUCT. YOU ACKNOWLEDGE AND AGREE THAT ANY BUYERS OR SELLERS USING THE WEBSITE ARE NOT ACTING AS INDEPENDENT CONTRACTORS, EMPLOYEES, PARTNERS, AGENTS OR FRANCHISEES OF COMPANY IN SUCH TRANSACTIONS, THAT ANY CONTRACT FOR THE PURCHASE OR SALE OF A PRODUCT IS SOLELY BETWEEN SUCH BUYER AND SELLER AND THAT COMPANY IS NOT LIABLE FOR ANY ACTIONS OR OMISSIONS OF A BUYER OR SELLER WITH RESPECT TO YOU OR THE PRODUCT BEING BOUGHT OR SOLD.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IF YOU ARE SELLING A PRODUCT THROUGH THE WEBSITE, COMPANY IS NOT RESPONSIBLE FOR ENSURING YOU ARE PAID BY THE BUYER. IF YOU ARE BUYING A PRODUCT THROUGH THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU MUST MAKE YOUR OWN DETERMINATION REGARDING THE LISTING AND THE SELLER. AS THE BUYER OR THE SELLER, YOU ACNOWLEDGE AND AGREE THAT YOU ARE ACCEPTING THE RISK THAT THE TRANSACTION MAY NOT BE COMPLETED AND THAT YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE OTHER PARTY.
YOU ACKNOWLEDGE THAT COMPANY IS NOT PROVIDING THE PRODUCT AND THAT COMPANY IS NOT AFFILIATED OR ENDORSED BY OR AFFILIATED WITH ANY SELLER, MANUFACTURER, DISTRIBUTOR, RETAILER, LABEL OR BRAND OF ANY PRODUCT. COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RESPONSIBILITY OR LIABILITY FOR ANY PRODUCT BOUGHT OR SOLD USING THE WEBSITE. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, SUITABILITY, SAFETY, AVAILABILITY, RELIABILITY, AUTHENTICITY, TIMELINESS OR ACCURACY OF THE LISTINGS, PRODUCTS OR THE COMMUNICATIONS OF OR BETWEEN, OR ON BEHALF OF, USERS OF THE WEBSITE.
If you are a seller of a product, you represent and warrant that all information you provide in a Listing is accurate and truthful and that you have the right and authority to sell the product and you agree to complete any transaction entered into between you and the buyer of the product in the Listing by shipping the product (in the condition stated in the Listing) as provided in the Terms of Service, unless prohibited by applicable law or the Terms of Service.
If you are a buyer of a product, you acknowledge that Company is not responsible for any information provided in a Listing and you agree to complete any transaction entered into between you and the seller of the product by paying for the product as provided in the Terms of Service, unless prohibited by applicable law or the Terms of Service.
Allowed and Prohibited Products
Products must be (i) pre-owned women’s, men’s, or children’s clothing and/or fashion accessories that are clean and in good condition, (ii) your own handmade fashions and/or accessories or (iii) brand new makeup in original unopened packaging; provided, however, that products may not be any of the following, which products may not be listed, bought or sold on the Website (each a “Prohibited Product”):
- Non-fashion accessories
- Counterfeit products
- Used underwear
- Nail polish
- Anything illegal to sell under applicable laws or regulations
Donation of Our Profits
We will donate a portion of our profits related to the sale of each product through the Website to the charity of the seller’s choice, which the seller of the product pre-selects from a list of 501(c)(3) charities that are in line with our mission and approved by us in advance (“Approved Charities”) when the product is listed for sale. The list of Approved Charities and our related policies can be viewed at https://reruns.com/non-profits (“Charity Policy”). Our Charity Policy is incorporated herein by reference. We reserve the right to update our Charity Policy from time to time and in our sole discretion. Such changes will be effective immediately upon the posting of the updated Charity Policy to the Website. In the event we determine in our sole discretion to remove a charity from the list of Approved Charities for any reason, we may select a different charity on our Approved List to give the portion of our profits that would have gone to the removed charity in our sole discretion.
Registration on the Website
You may register to create an account (an “Account”) directly on the Website or through a third party service provider such as Instagram, Facebook or another service we authorize (“Third Party Provider”). You must register and create an Account in order to create Listings or sell or buy products or access certain other features available on the Website. You do not need to register and create an Account in order to browse Listings or view products. To register and create an Account, you will need to provide information about yourself. By using a Third Party Provider to create an Account, you agree that we can provide your login information to such Third Party Provider for this purpose and you agree that we may access, make available and store any information provided as a result of the use of the Third Party Provider. We do not endorse the use of a Third Party Provider and merely provide this option as a convenience to you. The manner in which the Third Party Provider uses, stores or discloses your information is solely governed by the terms and policies of such Third Party Provider, and Company shall not be liable or responsible for any actions of any Third Party Provider that you may use or for any damages or loss caused by the use of a Third Party Provider.
You are responsible for keeping your Account information current through the Account page on the Website; please be aware that communications sent through the Website and by us rely on your Account information and failure to keep your Account information up to date may mean that you do not receive messages, updates or important communications from us and other users. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You may only have one Account.You may not assign or otherwise transfer your Account to any third party.
Accessing the Website and Account Security
We reserve the right to modify the Website, and any service or material we provide on the Website, in our sole discretion and without notice, without liability to you or any third party. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to registered users. You are responsible for making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our Account security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You also agree not to provide any third party with access to the Website or portions of it using your user name, password or other security information. You are solely responsible for any activity on the Website using your user name, password or other security information or using your Account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security for your Account. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer or internet connection so that others are not able to view or record your password or other personal information. We will not be liable for your failure to comply with the obligations set forth in this Section 7.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, to disable or delete your Account and remove any related information, including your Listings, products and User Contributions, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Service or your act or omission causes harm to Company’s brand, reputation or business as determined by Company in our sole discretion. We may also disable or delete your Account and remove any related information, including your products, Listings and User Contributions, in our sole discretion if your Account is inactive.
Prices; Fees; Payment; Shipping; Delivery; Returns
All prices posted on the Website are subject to change without notice. Prices for products are set by sellers and may be changed by sellers at any time prior to seller accepting an offer. We are not responsible for pricing, typographical or other errors caused by Company and we reserve the right to cancel any orders arising from such errors.
We charge certain fees and commissions for certain services offered through the Website, as set forth in our Shipping, Fees, and Returns policy available at https://reruns.com/shipping-returns (“Shipping, Fees, and Returns Policy”) and incorporated herein by reference. All prices and fees are in US dollars. We reserve the right to update our Shipping, Fees, and Returns Policy and change, reduce or increase our fees, commissions or shipping charges from time to time and in our sole discretion. Such changes will be effective immediately upon the posting of the updated Shipping, Fees, and Returns Policy.
If you are a buyer of a product, you are responsible for the purchase price for the product, any sales tax or other similar taxes due on the purchase and sale of the product (“Sales Tax”) and the applicable shipping charges up to a set amount as set forth in the Shipping, Fees, and Returns Policy. If you are the seller of a product, you are responsible for any income tax due on the purchase and sale of the product and any excess shipping charges as set forth in the Shipping, Fees, and Returns Policy. Payments to the seller are described in the Shipping, Fees, and Returns Policy and will be made to the seller on a weekly basis, once the related products are accepted by the buyer. If you are a seller you agree (i) that you are responsible for payment of our fees and commissions to us, (ii) that we may withhold our fees and commissions, any Sales Tax, any shipping charges and any return amounts agreed to by us from the payment made by the buyer before making payment of the remainder to you, and (iii) that we may agree to the buyer’s return of any product in our sole discretion and that you will be responsible for any amounts refunded to the buyer as a result of the return.
By providing your credit or debit card information (or other payment method allowed by Company from time to time) during the checkout process or Account creation process (your “Payment Method”), and as updated by you from time to time by accessing your Account, you authorize Company and/or our third-party payment gateway or processor to store your Payment Method and to charge your Payment Method the purchase amount including any Sales Taxes, if any, and any applicable shipping charges. If your Payment Method cannot be authorized or is otherwise in error, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including overdraft fees. If we are unable to charge the buyer’s Payment Method, we may cancel the transaction in our sole discretion without liability to you as the buyer or the seller. You can update or change your Payment Method and other billing and payment account information by visiting your Account page on the Website. You represent and warrant that (i) the Payment Method you supply to us is true, correct and complete, (ii) you are duly authorized to use such Payment Method for the purchase, (iii) charges incurred by you will be honored by your credit or debit card company and (iv) you will pay charges incurred by you at the posted prices, including all applicable Sales Taxes, if any, and shipping charges.
We use a third party payment gateway to process your Payment Method. Our current third party payment gateway is Elavon Converge. You acknowledge that we may change the third party payment gateway or payment processor from time to time and agree that we may transfer your Payment Method to such new gateway or processor.
Orders; Title; Risk of Loss
If you are a buyer, you agree that your order is an offer to the seller of such products to buy, under the Terms of Service, all the products listed in your order. All orders must be accepted by the seller of such products before the seller is obligated to sell the products to you, the buyer. The seller may choose not to accept any orders in the seller’s sole discretion. We may also cancel an offer prior to acceptance by the seller for any reason.
Title and risk of loss of any products sold through the Website pass to the buyer from the seller upon transfer of the products to the carrier by the seller. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
The Website and its entire contents, features and functionality (including all information, software, source code, object code, text, displays, user interfaces, images, video, audio and the design, selection and arrangement thereof), are owned by Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Terms of Service permit you to use the Website only as expressly authorized herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Website or any of the material on the Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own use with respect to Listings and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own use with respect to Listings, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
- Reverse engineer, disassemble, decompile or decode the Website or any part thereof or otherwise attempt to derive or gain access to the source code of the Website or any part thereof.
- Link to, mirror or frame any portion of the Website.
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of the Website.
- Use the Website in any unlawful manner whatsoever.
- Otherwise use the Website except as expressly authorized herein.
Except as expressly allowed herein to sell and buy products, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this Section, please address your request to: email@example.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Website not expressly permitted by the Terms of Service is a breach of the Terms of Service and may violate copyright, trademark and other laws.
The Company name, Company logo, domain name and all related names, logos, product and service names, designs and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
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 Website by completing a Notice of Alleged Infringement (containing the contents described below) and delivering it to Company’s agent identified below in this Section. Upon receipt of the Notice of Alleged Infringement, Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Website.
In accordance with 17 U.S.C. Section 512 (“DMCA”), the Notice of Alleged Infringement should include: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s full legal name and contact information, such as mailing address, telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf (or authorized to act under an exclusive right under copyright).
A Notice of Alleged Infringement should be submitted to the Company’s agent: Tammi Bosiljevac in one of the following manners: By e-mail to firstname.lastname@example.org; by mail to [physical address]; or by phone to (402)707-5652.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Notice of Alleged Infringement may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
- Access to the Website; Electronic Transaction and Communications
You are solely responsible for obtaining any devices and data access required to use the Website, and we do not guarantee that the Website will work with or on any particular device. You acknowledge that your mobile network’s data rates and fees may apply if you access or use the Website from your device and that you are solely responsible for such charges.
The parties consent to enter into the Terms of Service electronically and intend for the Terms of Service to be legally binding on and enforceable against each party in accordance with the Terms of Service. By providing your email address to Company when you register for an Account, on or through the Website or otherwise or use the Website, you consent to receive electronic communications from Company, including marketing and promotional materials, and other users of the Website to your email address and on or through the Website. You agree that all notices and other communications that Company provides to you electronically as set forth above satisfy any legal requirement that such communications be in writing. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY COMMUNICATIONS SENT BY ANOTHER USER OF THE WEBSITE. WHEN YOU CONTACT COMPANY OR THIRD PARTIES BY EMAIL, SUCH COMMUNICATION MAY NOT BE SECURE BECAUSE IT TRAVELS OVER UNSECURE COMMUNICATION LINES. BY SENDING ANY CONFIDENTIAL OR PERSONAL INFORMATION TO COMPANY OR THIRD PARTIES VIA EMAIL, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM COMPANY OR THIRD PARTIES THROUGH EMAIL, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.
- Prohibited Uses
You may use the Website only for lawful purposes and only strictly in accordance with the Terms of Service. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in the Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation through any means.
- To impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
- To cause any personal injury or property damage.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website or use or attempt to use the Website in a way other than as intended to sell products as set forth herein.
The Website allows users to post Listings and contains other features that allow you to communicate with other users of the Website, among other possible features, (collectively, “Interactive Services”) that allow users to post, send, message, submit, upload, publish, display or transmit to other users or other persons or entities (collectively, “post”) content, photos, descriptions, information or other materials (collectively, “User Contributions”) on or through the Website. Company may modify, add or remove Interactive Services from time to time in its sole discretion.
All User Contributions must comply with the Content Standards set out below.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), royalty-free and fully paid up license to use, reproduce, modify, create derivative works of, perform, display, distribute, disclose to third parties, and otherwise exploit in any manner any such User Contribution for any purpose, in all formats and distribution channels now known or unknown, now existing or not, and without further notice to or consent from you. No payment to you or any other person or entity shall be required by us for the foregoing license. Further any feedback you provide to us will be deemed a User Contribution. You hereby irrevocably waive any “moral rights” or similar rights you may have under any applicable laws regarding any User Contribution.
You represent and warrant that:
- You own or control all rights in and to your User Contributions and have the right to grant the license granted above.
- All of your User Contributions, and the posting of your User Contributions on or through the Website, and the use of your User Contributions as permitted herein do not and will not infringe, misappropriate or violate a third party’s intellectual property, proprietary, publicity or privacy rights.
- All of your User Contributions do and will comply with the Terms of Service and Content Standards set forth below.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion at any time without notice to you.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your Account or access to all or part of the Website for any or no reason, including any violation of the Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY THIRD PARTY DURING OR AS A RESULT OF SUCH COOPERATION.
We generally do not review User Contributions before they are posted on the Website, and cannot ensure prompt removal of an objectionable User Contribution after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person or entity, or misrepresent your identity or affiliation with any person or entity.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, except as expressly allowed herein.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Contain any names or other personal information, except your own such information.
- If a Listing, include any products that you do not have the right to sell or any Prohibited Products.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy above for instructions on sending us a Notice of Alleged Infringement. It is the policy of the Company to terminate the user accounts of repeat copyright infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website Content
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Website.
- Send e-mails or other communications with certain content, or links to certain content, on the Website.
- Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of the Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Nebraska in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties; Limitation of Liability; Indemnification
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOU ACKNOWLEDGE AND AGREE THAT: (I) COMPANY DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (II) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (IV) COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED, OR SOLD, THROUGH OR USING THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME ALL RISK OF BUYING OR SELLING THROUGH THE WEBSITE AND DEALING WITH OTHER USERS OF THE WEBSITE. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED, OR SOLD, THROUGH OR USING THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS, SUITABILITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED, OR SOLD, THROUGH OR USING THE WEBSITE OR THE QUALITY, AVAILABILITY, REPRESENTATION, AUTHENTICITY, SAFETY, RELIABILITY, SUITABILITY OR LEGALITY OF ANY PRODUCTS, THE ABILITY OF ANY USER TO COMPLETE ANY TRANSACTION REGARDING ANY PRODUCTS OR THE ACCURACY OR TRUTHFULNESS OF ANY LISTING. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED, OR SOLD, THROUGH OR USING THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED, OR SOLD, THROUGH OR USING THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. FURTHER, WE CANNOT GUARANTEE THAT THE DISPLAY OF THE COLOR OF ANY PRODUCT THROUGH YOUR DEVICE WILL BE ACCURATE.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WITH RESPECT TO THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED, OR SOLD, THROUGH OR USING THE WEBSITE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR CONFIRMING THAT THE SERVICES AND PRODUCTS OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY PRODUCTS YOU SELL THROUGH THE WEBSITE.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY ASSUMES NO LIABILITY FOR, OR RELATING TO, THE INTEGRITY, LOSS, CORRUPTION, PRIVACY, SECURITY, CONFIDENTIALITY OR USE OF ANY DATA, CONTENT, USER CONTRIBUTIONS OR OTHER INFORMATION WHILE IT IS STORED ON OR TRANSMITTED USING THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW; IN SUCH EVENT, TO THE FULLEST EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES OR EITHER OF THEIR LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS OR AGENTS (“COMPANY PARTIES” AND EACH A “COMPANY PARTY”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, RELATED TO, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH OR USING THE WEBSITE, OR SUCH OTHER WEBSITES, (II) ANY LISTINGS OR PRODUCTS, OR (III) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER OF THE WEBSITE OR ANY OF THEIR EMPLOYEES OR AGENTS, INCLUDING IN ANY OF THE FOREGOING CASES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL AND LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF A COMPANY PARTY IN CONNECTION WITH THE TERMS OF SERVICE, THE WEBSITE, OR ANY SERVICES RECEIVED OR PRODUCTS PURCHASED THROUGH OR USING THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID TO COMPANY IN THE THEN-PRIOR THREE MONTHS OR (II) $100.00.
THE WEBSITE MAY BE USED TO POST LISTINGS, BUT YOU AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY LISTINGS OR OTHER ACTIONS OR OMISSIONS OF ANY OTHER USERS OF THE WEBSITE OR ANY OF THEIR EMPLOYEES OR AGENTS, OTHER THAN AS EXPRESSLY SET FORTH IN THE TERMS OF SERVICE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend,indemnify and hold harmless Company and its affiliates and each of their licensors, service providers, officers, directors, members, shareholders, managers, employees, volunteers, contractors, agents, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your breach or violation of the Terms of Service, (ii) your User Contributions, (iii) your use of the Website, including the purchase or sale of any services or products or use of any information obtained from the Website, (iv) your use of any services or products obtained through or using the Website, (v) Company’s use of your User Contributions, or (vi) your violation of the rights of any third party.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE, THE WEBSITE OR THE SERVICES OR PRODUCTS OBTAINED THROUGH OR USING THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to hold in confidence all Confidential Information (as defined below) and not to use such Confidential Information for any purpose other than in connection with your use of the Website and services thereunder, all in accordance with the Terms of Service. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Company in writing of any circumstances that may constitute unauthorized disclosure, transfer or use of Confidential Information. Upon termination of the Terms of Service or your Account, you shall promptly return to Company or destroy all originals and any copies of any materials containing Confidential Information.
“Confidential Information” means any and all of Company’s trade secrets, confidential and proprietary information and all other information and data that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure, including information consisting of or relating to Company’s services, technology, trade secrets, know-how, business operations, plans, strategies and users, in each case whether or not marked, designated or otherwise identified as “confidential” or other words of similar import.
You acknowledge and agree that a breach or threatened breach by you of any of your obligations under Section 11 or Section 25 would cause Company irreparable harm for which monetary damages would not be an adequate remedy and agree that, in the event of such breach or threatened breach, Company will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
Pursuant to California Civil Code Section 1789.3, Company provides users of the Website with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
Governing Law; Jurisdiction
All matters relating to the Website, the Terms of Service and any services or products obtained through or using the Website and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or conflict of law provision or rule (whether of the State of Nebraska or any other jurisdiction).
If Section 27.c on binding arbitration is not applicable or is otherwise found to be invalid or unenforceable with respect to a given Claim (as defined below), then any and all proceedings to resolve such Claim shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nebraska in each case located in the City of Omaha, Nebraska. To the fullest extent permitted by law, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Notwithstanding anything herein to the contrary, we retain the right to bring any suit, action or proceeding against you in any court or other appropriate tribunal located in your State or country of residence or any other relevant country.
YOU AND COMPANY AGREE TO BE BOUND BY THE PROCEDURES SET FORTH BELOW TO RESOLVE ANY LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF, OR RELATED TO, THE TERMS OF SERVICE OR THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH OR USING THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, CONSUMER PROTECTION OR ANY OTHER LEGAL THEORY (EACH A “CLAIM” AND COLLECTIVELY “CLAIMS”). EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU AND COMPANY AGREE THAT ANY AND ALL CLAIMS SHALL BE FINALLY SETTLED BY INDIVIDUAL BINDING ARBITRATION. YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
The arbitration shall be administered by the American Arbitration Association (“AAA”), under its Consumer Arbitration Rules, as amended by the Terms of Service. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. In the event that the arbitrator determines an in-person hearing is appropriate, the arbitration shall take place in the City of Omaha, Nebraska.
CLASS ARBITRATIONS AND CLASS OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. YOU AND COMPANY AGREE THAT EACH OF YOU MAY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIM AND MAY NOT PRESIDE OVER ANY CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE OR DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS AND MAY NOT AWARD ANY FORM OF CONSOLIDATED, REPRESENTATIVE OR CLASS-WIDE RELIEF.
Notwithstanding any provision in the Terms of Service to the contrary, if the class-action waiver in this Section is deemed invalid or unenforceable, or if an arbitration is allowed to proceed on a class basis, then neither you nor Company is entitled to arbitrate such Claims. All arbitration proceedings will be conducted on a confidential basis. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration agreement, including any unconscionability challenge or any other challenge that the arbitration agreement or the Terms of Service are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity, provided that the parties agree that the arbitrator will have no power or authority to make awards or issue orders of any kind that are prohibited by the Terms of Service. The arbitrator’s award shall be binding on you and Company, and may be entered in any court of competent jurisdiction. This agreement to arbitrate does not apply to any Claim (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights), or (ii) that may be brought in small-claims court.This agreement to arbitrate shall be governed by, and interpreted, construed and enforced in accordance with, the Federal Arbitration Act.
Waiver; Severability; Survival
No waiver by Company of any term or condition set forth in the Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under the Terms of Service shall not constitute a waiver of such right or provision.
If any provision of the Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
All provisions of the Terms of Service which by their nature should survive the expiration or termination of the Terms of Service or your Account or access to all or part of the Website, including Sections 1, 3, 5, 8-13, and 15-19, 24-27, shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of the Terms of Service or your Account or access to all or part of the Website.
Force Majeure; Assignment; No Third Party Beneficiaries
We will not be liable or responsible for any failure or delay in our performance of any obligation hereunder if caused by an event outside of our reasonable control.
You may not assign your Account or the Terms of Service without our prior written consent. Any such assignment in violation of this prohibition is null and void. We may assign the Terms of Service to a parent, subsidiary or like affiliated entity or as a result of operation of law or a change of control event (such as a merger, acquisition, reorganization, sale of substantially all assets or stock or any similar event) or to any third party, without your consent.
The Terms of Service are binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns, and nothing herein, express or implied, is intended to or shall confer upon any other individual or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of the Terms of Service.
Entire Agreement; Interpretation
No joint venture, partnership, employment or agency relationship exists between you and Company as a result of the Terms of Service or your use of the Website.
“Including” means “including without limitation” and does not limit the preceding words or terms. The words “or” and “nor” are inclusive and include “and”. The singular shall include the plural and vice versa.
Comments and Concerns; Notices
All notices to us or feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com.
We may provide any notice to you under the Terms of Service by sending a message to the email address you provided in your Account or by posting such notice to the Website. Notices sent by email will be effective twelve (12) hours after the email is sent and notices we provided by posting such notice on the Website will be effective upon posting. It is your responsibility to keep your email address up to date.
The Website is operated by Reruns R Fun, Inc.
THIS CONTRACT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.