terms of use...

THESE TERMS OF USE ARE EFFECTIVE AS OF MAY 16TH, 2016.



WELCOME TO OUTGROWN MY STUFF. BY ACCESSING OR USING THE OUTGROWN MY STUFF WEB BASED SITES, TOOLS, APPLICATIONS, DIRECT OR INDIRECT SERVICES, APPLICATIONS (INCLUDING MOBILE APPLICATIONS), OR DIRECTLY AFFILIATED SUBSIDIARIES (COLLECTIVELY REFERRED TO AS THE “SERVICES”),  MADE AVAILABLE BY OUTGROWN MY STUFF HOWEVER ACCESSED, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS OF USE”). THE SERVICES ARE OWNED OR OPERATED AND CONTROLLED BY OUTGROWN MY STUFF INC. (“OMS”). THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICES.



THERE MAY BE TIMES WHEN WE OFFER A SPECIAL FEATURE THAT HAS ITS OWN TERMS AND CONDITIONS THAT APPLY IN ADDITION TO THESE TERMS OF USE. IN THOSE CASES, TO THE EXTENT THERE IS A CONFLICT WITH THESE TERMS OF USE, THE WRITTEN TERMS SPECIFIC TO THAT SPECIAL FEATURE SHALL GOVERN.  



BEFORE YOU MAY BECOME A USER OF OUR SITE YOU MUST AGREE TO THESE TERMS OF USE.  YOU ACCEPT THESE TERMS OF USE BY CLICKING ‘SUBMIT’ WHEN REGISTERING A USER ACCOUNT, OR BY UTILIZING THE OMS SERVICES.  BY ACCEPTING THESE TERMS OF USE, YOU AGREE THAT THESE TERMS WILL APPLY WHENEVER YOU USE OMS SERVICES, OR WHEN YOU USE THE TOOLS THAT ARE MADE AVAILABLE TO INTERACT WITH OMS SERVICES. SOME OMS SERVICES MAY HAVE ADDITIONAL OR OTHER TERMS, AGREEMENTS, OR POLICIES THAT GOVERN THEIR AVAILABILITY AND USE. YOUR USE OF AND ACCESS TO SUCH SERVICES ARE SUBJECT TO ANY AND ALL TERMS, AGREEMENTS, OR POLICIES APPLICABLE TO THEM.

  1. YOU SHALL NOT IMPOSE AN UNREASONABLE LOAD (AS DETERMINED BY OMS IN ITS SOLE DISCRETION) ON OUR INFRASTRUCTURE, OR INTERFERE WITH THE PROPER WORKING OF THE WEB BASED SERVICES, OR ANY COMPONENT CONNECTED DIRECTLY OR INDIRECTLY WITH THE OPERATIONS OF OMS;

  2. YOU SHALL NOT INFRINGE ON ANY THIRD-PARTY RIGHTS;

  3. YOU SHALL NOT, NOR ATTEMPT TO, HARVEST OR OTHERWISE COLLECT ANY INFORMATION IN ANY MANNER ABOUT OTHER USERS USING OMS SERVICES, AND THIS SHALL INCLUDE, WITHOUT LIMITATION: EMAIL AND INTERNET PROTOCOL ADDRESSES, OR HABITS OF USERS, WITHOUT THE WRITTEN CONSENT OF OMS, WHICH CONSENT MAY BE UNREASONABLY WITHHELD;

  4. YOU SHALL NOT CIRCULATE VIRUSES OR ANY OTHER TECHNOLOGIES THAT MAY HARM OMS OR THE INTERESTS OR PROPERTY OF USERS OF THE SERVICES.

  5. YOU SHALL NOT POST OR OTHERWISE STATE UNTRUTHFUL, NON-FACTUAL, FALSE OR MISLEADING INFORMATION;

  6. YOU SHALL NOT DECOMPILE, REVERSE-ENGINEER, COPY, MODIFY, OR OTHERWISE DISTRIBUTE ANY OMS SERVICES.

  7. YOU SHALL NOT DEPLOY, UPLOAD, OR EMBED BY ANY MEANS, ANYTHING THAT IS CONSIDERED OR WOULD BE CONSIDERED TO BE MALICIOUS; THIS INCLUDES, WITHOUT LIMITATION, THE USE OF ANY TYPE OF ROBOT, BOTS, SPIDERS, SCRAPER OR OTHER AUTOMATED MEANS TO ACCESS AND COLLECT CONTENT FROM THE OMS STORAGE DEVICES, SERVERS, AND SERVICES OR THE PROPERTY OF USERS OF THE WEB BASED SITES WITHOUT OUR WRITTEN PERMISSION, WHICH PERMISSION MAY BE UNREASONABLY WITHHELD;

  8. YOU SHALL NOT MAKE ANY EFFORTS, NOR ATTEMPT, TO CIRCUMVENT ANY AND ALL MEASURES USED TO PREVENT OR RESTRICT ACCESS TO OMS SERVICES, OR THE INTERESTS OR PROPERTY OF USERS OF THE OMS WEB BASED SITES THAT ARE CONNECTED DIRECTLY OR INDIRECTLY IN A FORMAL OR INFORMAL ARRANGEMENT.

  9. YOU SHALL NOT DISTRIBUTE OR POST SPAM, CHAIN LETTERS, UNSOLICITED OR BULK ELECTRONIC COMMUNICATIONS, OR PYRAMID SCHEMES;

  10. YOU SHALL NOT RENDER, DUPLICATE, OR DISTRIBUTE ANY OTHER PERSON’S CONTENT WITHOUT THEIR EXPRESS WRITTEN CONSENT;

  11. YOU SHALL NOT VIOLATE ANY LAWS OF THE JURISDICTION IN WHICH YOU ARE POSTING OR WHICH THE POSTING IS INTENDED TO BE VIEWED.

  12. YOU SHALL NOT VIOLATE ANY TERMS OF OUR POSTING AND PROHIBITED CONTENT POLICY.

  13. YOU MUST BE AT LEAST 13 YEARS OF AGE AS OF THE DATE YOU FIRST USE THE SERVICE.

  14. YOU SHALL NOT POST VIOLENT, NUDE, PARTIALLY NUDE, DISCRIMINATORY, UNLAWFUL, INFRINGING, HATEFUL, PORNOGRAPHIC, SEXUALLY SUGGESTIVE OR MORALLY OFFENSIVE PHOTOS OR OTHER CONTENT ON THE OMS SERVICES.

  15. YOU ARE RESPONSIBLE FOR ANY ACTIVITY THAT OCCURS THROUGH YOUR ACCOUNT AND YOU AGREE YOU WILL NOT SELL, TRANSFER, LICENSE, OR ASSIGN YOUR ACCOUNT, FOLLOWERS, USERNAME, OR ANY ACCOUNT RIGHTS. WITH THE EXCEPTION OF PEOPLE OR BUSINESSES THAT ARE EXPRESSLY AUTHORIZED TO CREATE ACCOUNTS ON BEHALF OF THEIR EMPLOYERS OR CLIENTS, OMS PROHIBITS THE CREATION OF, AND YOU AGREE THAT YOU WILL NOT CREATE: A) MORE THAN ONE USER ACCOUNT; AND B) A USER ACCOUNT FOR ANYONE OTHER THAN YOURSELF. YOU ALSO REPRESENT THAT ALL INFORMATION YOU PROVIDE OR THAT MAY BE PROVIDED BY YOU TO OMS UPON REGISTRATION AND AT ALL OTHER TIMES WILL BE TRUE, ACCURATE, CURRENT AND COMPLETE AS OF THE DATE OF REGISTRATION, AND YOU AGREE TO UPDATE THE INFORMATION AS NECESSARY TO MAINTAIN ITS TRUTH AND ACCURACY.

  16. YOU SHALL NOT SOLICIT, COLLECT OR USE THE LOGIN CREDENTIALS OF OTHER OMS USERS.

  17. YOU ARE RESPONSIBLE FOR KEEPING YOUR PASSWORD SECRET AND SECURE.

  18. YOU SHALL NOT DEFAME, STALK, BULLY, ABUSE, HARASS, THREATEN, IMPERSONATE OR INTIMIDATE PEOPLE OR ENTITIES AND YOU MUST NOT POST PRIVATE OR CONFIDENTIAL INFORMATION VIA THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR OR ANY OTHER PERSON’S CREDIT CARD INFORMATION, SOCIAL INSURANCE OR ALTERNATE NATIONAL IDENTITY NUMBERS, NON-PUBLIC PHONE NUMBERS OR NON-PUBLIC EMAIL ADDRESSES.

  19. YOU SHALL NOT USE THE SERVICES FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE. YOU AGREE TO COMPLY WITH ALL LAWS, RULES AND REGULATIONS (FOR EXAMPLE, FEDERAL, MUNICIPAL, AND PROVINCIAL LEGISLATION) APPLICABLE TO YOUR USE OF THE SERVICES AND YOUR CONTENT (DEFINED BELOW), INCLUDING BUT NOT LIMITED TO, COPYRIGHT LAWS.

  20. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND ANY DATA, TEXT, FILES, INFORMATION, USERNAMES, IMAGES, GRAPHICS, PHOTOS, PROFILES, AUDIO AND VIDEO CLIPS, SOUNDS, MUSICAL WORKS, WORKS OF AUTHORSHIP, APPLICATIONS, LINKS AND OTHER CONTENT OR MATERIALS (COLLECTIVELY, “CONTENT”) THAT YOU SUBMIT, POST OR DISPLAY ON OR VIA THE SERVICES, AND YOU HEREBY WARRANT AND AFFIRM THAT ANY SUCH CONTENT POSTED BY YOU SHALL BE WHOLLY OWNED BY YOU, OR FREE FOR YOU TO USE, AS AT THE DATE OF THE POSTING OF SUCH CONTENT.

  21. YOU SHALL NOT CHANGE, MODIFY, ADAPT OR ALTER THE SERVICE OR CHANGE, MODIFY OR ALTER ANOTHER WEBSITE SO AS TO FALSELY IMPLY THAT IT IS ASSOCIATED WITH THE SERVICES OF OMS.

  22. YOU SHALL NOT ACCESS OMS’S PRIVATE APPLICATION PROGRAM INTERFACE (“API”) BY MEANS OTHER THAN THOSE PERMITTED BY OMS. USE OF OMS’S API IS SUBJECT TO A SEPARATE SET OF TERMS AVAILABLE HERE: HTTP://OUTGROWN MY STUFF.COM/ABOUT/LEGALTERMS/API (“API TERMS”).

  23. YOU SHALL NOT CREATE OR SUBMIT UNWANTED EMAIL, STATEMENTS, OR OTHER FORMS OF COMMERCIAL OR HARASSING COMMUNICATION (AKA “SPAM”) TO ANY OMS USERS.

  24. YOU SHALL NOT USE DOMAIN NAMES OR WEB URLS IN YOUR USERNAME, ACCOUNT, POSTING, LOGIN SECTIONS WITHOUT PRIOR WRITTEN APPROVAL FROM OMS, WHICH APPROVAL MAY BE UNREASONABLY WITHHELD.

  25. YOU SHALL NOT INTERFERE OR DISRUPT THE SERVICES, OR SERVERS OR NETWORKS CONNECTED TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TRANSMITTING ANY WORMS, VIRUSES, SPYWARE, MALWARE OR ANY OTHER CODE OF A DESTRUCTIVE OR DISRUPTIVE NATURE. YOU SHALL NOT INJECT CONTENT OR CODE OR OTHERWISE ALTER OR INTERFERE WITH THE WAY ANY OMS WEB PAGE IS RENDERED OR DISPLAYED IN A USER’S BROWSER OR DEVICE.

  26. YOU SHALL DELIVER ITEMS PURCHASED FROM YOU, UNLESS THE PURCHASER FAILS TO MEET YOUR POSTED TERMS, OR YOU OTHERWISE CANNOT REACH THE PURCHASER.

  27. YOU MUST COMPLY WITH OMS’S SOCIAL MEDIA POSTING TERMS OF USE, AVAILABLE HERE:

  28. YOU WILL NOT CREATE ACCOUNTS WITH THE SERVICES THROUGH UNAUTHORIZED MEANS, INCLUDING BUT NOT LIMITED TO, USING AN AUTOMATED DEVICE, SCRIPT, BOT, SPIDER, CRAWLER OR SCRAPER.

  29. YOU SHALL NOT ATTEMPT TO RESTRICT ANOTHER USER FROM USING OR ENJOYING THE SERVICES AND YOU WILL NOT ENCOURAGE OR FACILITATE VIOLATIONS OF THESE TERMS OF USE OR ANY OTHER OMS TERMS.

  30. YOU SHALL IMMEDIATELY ADVISE US IF YOU NOTICE OR SUSPECT ANY FRAUDULENT OR INAPPROPRIATE POSTINGS, PROBLEMS OR OFFENSIVE CONDUCT BY USERS, SO THAT WE MAY INVESTIGATE AND TAKE APPROPRIATE ACTION.



VIOLATION OF THESE TERMS OF USE MAY, IN OMS’S SOLE DISCRETION, RESULT IN TERMINATION OF YOUR OMS ACCOUNT AND ALL INFORMATION RELATING THERETO. YOU UNDERSTAND AND AGREE THAT OMS CANNOT AND WILL NOT BE RESPONSIBLE FOR THE CONTENT POSTED ON THE SERVICES BY USERS AND YOU USE THE SERVICES AT YOUR OWN RISK. IF YOU VIOLATE THE LETTER OR SPIRIT OF THESE TERMS OF USE, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR OMS, WE CAN STOP PROVIDING ALL OR A PART OF THE SERVICES TO YOU.



GENERAL CONDITIONS:



  1. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE THE SERVICES OR YOUR ACCESS TO THE SERVICES FOR ANY REASON, WITHOUT NOTICE, AT ANY TIME, AND WITHOUT LIABILITY TO YOU.  IF WE TERMINATE YOUR ACCESS TO THE SERVICES OR YOU WILLFULLY DEACTIVATE YOUR OWN ACCOUNT AND POSTING WITHIN OUR SERVICES, YOU AGREE THAT YOU UNDERSTAND THAT YOUR PHOTOS, COMMENTS, POSTINGS, TERMS, AND ALL OTHER DATA WILL NOT LONGER BE ACCESSIBLE THROUGH YOUR ACCOUNT (E.G.., USERS WILL NOT BE ABLE TO NAVIGATE TO YOUR POSTINGS AND VIEW ANY COMPONENT OF IT INCLUDING, BUT NOT LIMITED TO, YOUR PHOTOS), BUT THOSE MATERIALS AND DATA MAY PERSIST AND APPEAR WITHIN THE SERVICE (E.G., IF YOU POST, OR THE CONTENT HAS BEEN RE-SHARED, FORWARDED, EMAILED, OR COMMUNICATED BY OTHERS).

  2. UPON TERMINATION, ALL LICENSES AND OTHER RIGHTS GRANTED TO YOU IN THE TERMS OF USE WILL IMMEDIATELY CEASE.

  3. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CHANGE THESE TERMS OF USE (“UPDATED TERMS”) FROM TIME TO TIME. UNLESS WE MAKE A CHANGE FOR LEGAL OR ADMINISTRATIVE REASONS, WE WILL PROVIDE REASONABLE ADVANCE NOTICE BEFORE THE UPDATED TERMS BECOME EFFECTIVE. YOU AGREE THAT WE MAY NOTIFY YOU OF THE UPDATED TERMS BY POSTING THEM ON THE SERVICES, AND THAT YOUR USE OF THE SERVICES AFTER EFFECTIVE DATE OF THE UPDATED TERMS (OR ENGAGING IN SUCH OTHER CONDUCT AS WE MAY REASONABLY SPECIFY) CONSTITUTES YOUR AGREEMENT TO THE UPDATED TERMS. THEREFORE, YOU SHOULD REVIEW THESE TERMS OF USE AND ANY UPDATED TERMS BEFORE USING THE SERVICES. THE UPDATED TERMS WILL BE EFFECTIVE AS OF THE TIME OF POSTING, OR SUCH LATER DATE AS MAY BE SPECIFIED IN THE UPDATED TERMS, AND WILL APPLY TO YOUR USE OF THE SERVICES FROM THAT POINT FORWARD. THESE TERMS OF USE WILL GOVERN ANY DISPUTES ARISING BEFORE THE EFFECTIVE DATE OF THE UPDATED TERMS.

  4. WE RESERVE THE RIGHT TO REFUSE ACCESS TO THE SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.

  5. WE RESERVE THE RIGHT TO FORCE FORFEITURE OF ANY USERNAME OR ACCOUNT FOR ANY REASON.

  6. WE MAY, BUT HAVE NO OBLIGATION TO, REMOVE, EDIT, BLOCK, AND OR MONITOR CONTENT OR ACCOUNTS CONTAINING CONTENT THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES OUR TERMS OF USE.

  7. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHERS USERS OF THE SERVICES, WHETHER ONLINE OR OFF-LINE. YOU AGREE THAT OMS IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF ANY USER. OMS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR OR BECOME INVOLVED IN DISPUTES BETWEEN YOU AND OTHER USERS. YOU SHALL EXERCISE COMMON SENSE AND USE YOUR BEST JUDGMENT WHEN INTERACTING WITH OTHERS, INCLUDING WHEN YOU SUBMIT OR POST CONTENT OR ANY PERSONAL OR OTHER INFORMATION.

  8. THERE MAY BE LINKS FROM THE SERVICES OR FROM COMMUNICATIONS YOU RECEIVE FROM THE SERVICES, TO THIRD-PARTY WEBSITES OR FEATURES. THERE MAY ALSO BE LINKS TO THIRD-PARTY WEBSITES OR FEATURES AND IMAGES OR COMMENTS WITHIN THE SERVICES. THE SERVICES MAY ALSO INCLUDE THIRD-PARTY CONTENT THAT WE DO NOT CONTROL, MAINTAIN OR ENDORSE. FUNCTIONALITY ON THE SERVICES MAY ALSO PERMIT INTERACTIONS BETWEEN THE SERVICES AND THIRD PARTY WEBSITES OR FEATURES, INCLUDING APPLICATIONS THAT CONNECT THE SERVICES OR YOUR PROFILE ON THE SERVICES WITH A THIRD-PARTY WEBSITE OR FEATURE. FOR EXAMPLE, THE SERVICES MAY INCLUDE A FEATURE THAT ENABLES YOU TO SHARE CONTENT FROM THE SERVICES OR YOUR CONTENT WITH THE THIRD PARTY, WHICH MAY BE PUBLICLY POSTED ON THE THIRD PARTY’S SERVICE OR APPLICATION. USING THIS FUNCTIONALITY TYPICALLY REQUIRES YOU TO LOG INTO YOUR ACCOUNT OR ONTO A THIRD-PARTY SERVICE AND YOU DO SO AT YOUR OWN RISK. OMS DOES NOT CONTROL ANY OF THESE THIRD-PARTY WEB SERVICES OR ANY OF THEIR CONTENTS.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT OMS IS IN NO WAY RESPONSIBLE OR LIABLE FOR ANY SUCH THIRD-PARTY SERVICES OR FEATURES. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.  YOU MAY CHOOSE, AT YOUR SOLE AND ABSOLUTE DISCRETION AND RISK, TO USE APPLICATIONS THAT CONNECT THE SERVICES OR YOUR CONTENT ON THE SERVICES WITH A THIRD-PARTY SERVICE (EACH, AN “APPLICATION”) AND SUCH APPLICATION MAY INTERACT WITH, CONNECT TO OR GATHER AND/OR OR PULL INFORMATION FROM AND TO YOUR SERVICES PROFILE. BY USING SUCH APPLICATIONS, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING: (I) IF YOU USE AN APPLICATION TO SHARE INFORMATION, YOU ARE CONSENTING TO INFORMATION ABOUT YOUR PROFILE ON THE SERVICES BEING SHARED; (II) YOUR USE OF AN APPLICATION MAY CAUSE PERSONAL IDENTIFYING INFORMATION TO BE PUBLICLY DISCLOSED AND/OR ASSOCIATED WITH YOU, EVEN IF OMS HAS NOT ITSELF PROVIDED SUCH INFORMATION; AND (III) YOUR USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, AND YOU WILL HOLD THE OMS PARTIES (DEFINED BELOW) HARMLESS FOR ACTIVITY RELATED TO THE APPLICATION.

  9. YOU AGREE THAT YOU ARE RESPONSIBLE FOR ALL DATA CHARGES YOU INCUR THROUGH USE OF THE SERVICES.

  10. WE PROHIBIT CRAWLING, SCRAPING, CACHING OR OTHERWISE ACCESSING ANY CONTENT ON THE SERVICES VIA AUTOMATED MEANS, INCLUDING BUT NOT LIMITED TO, USER PROFILES, IMAGES, CONTEXT, AND PHOTOS (EXCEPT AS MAY BE THE RESULT OF STANDARD SEARCH ENGINE PROTOCOLS OR TECHNOLOGIES USED BY A SEARCH ENGINE WITH OMS’S EXPRESSED CONSENT.



DISCLAIMER OF WARRANTIES.



THE SERVICES, INCLUDING, WITHOUT LIMITATION, OMS CONTENT, IS PROVIDED ON "AS IS", "AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER OMS NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “OMS PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENT OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE OMS CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OMS OR VIA THE SERVICES.



IN ADDITION, THE OMS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.



THE OMS PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.



THE OMS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE OMS PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE OMS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. THEREFORE BY ACCESSING OR USING THESE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.



THE OMS PARTIES DO NOT ENDORSE CONTENT, AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE,) INJURY, CLAIMS, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.



THE OMS PARTIES DO NOT WARRANT THE ACCURACY, LEGALITY OR THE CONTENT OF THE GOODS PROVIDED BY USERS, AND USERS SHARE THE RESPONSIBILITY OF ENSURING THAT PURCHASES MADE ARE WITHOUT CONFLICT.  THE OMS PARTIES DO NOT GET INVOLVED WITH ANY DISPUTE OR AS TO THE FITNESS OR MERCHANTABILITY OR OTHERWISE OF ANY PRODUCTS ADVERTISED, AND THE PARTIES ARE URGED TO ENSURE THAT THE GOODS AND VALUE PAID ARE FAIR AND SATISFACTORY TO EACH PARTY.



LIMITATION OF LIABILITY; WAIVER:



UNDER NO CIRCUMSTANCES WILL OMS OR THE OMS PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, PUNITIVE, (INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE OMS CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY OMS, THE OMS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTIES USE OF THE SERVICES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OF OMISSIONS IN THE SERVICES OPERATIONS; OR (H) ANY DAMAGE TO ANY USERS COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN THE OPERATIONS OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE OMS PARTIES HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES).



IN NO EVENT WILL OMS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR A LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.



YOU FURTHER ACKNOWLEDGE THAT THE OPERATION OF ACCESS TO OUR SERVICES MAY BE INTERFERED WITH AS A RESULT OF TECHNICAL ISSUES OR NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. FUNCTIONALITY IS SUBJECT TO DELAYS INCLUDING, WITHOUT LIMITATION, DELAYS, OR LATENCY DUE TO YOUR PHYSICAL LOCATION OR YOUR WIRELESS DATA SERVICE PROVIDERS NETWORK. YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.



YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OMS ACTS OR OMISSIONS, DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE OMS PARTIES, AND YOU WILL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE OMS PARTIES.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.



SOME REGIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, BY STATUTE OR OTHERWISE) IS LIMITED TO THE MAXIMUM SUM OF ONE HUNDRED DOLLARS ($100 USD)  



RELEASE



IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE OMS (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS) FROM CLAIMS, DEMANDS, ACTUAL OR CONSEQUENTIAL DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTRY INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS WHETHER STATUTORY OR OTHERWISE THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

OMS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND BY USING THE OMS SERVICES, YOU HEREBY RELEASE OMS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES, AND IN ENTRY INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS WHETHER STATUTORY OR OTHERWISE THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.



CONTENT



BY AGREEING TO THESE TERMS OF USE, YOU AGREE NOT TO COPY, MODIFY, OR DISTRIBUTE OMS CONTENT, COPYRIGHTS OR TRADEMARKS. WHEN YOU GIVE US CONTENT, YOU ARE GRANTING US A NON-EXCLUSIVE, WORLDWIDE, PERPETUAL, IRREVOCABLE, ROYALTY FREE, SUBLICENSE RIGHT TO EXERCISE THE COPYRIGHT, PUBLICITY, AND DATABASE RIGHTS TO THAT CONTENT.



OMS DOES NOT CLAIM OWNERSHIP OF ANY CONTENT THAT YOU POST ON OR THROUGH THE SERVICES, INSTEAD YOU HEREBY GRANT TO OMS A NON-EXCLUSIVE, FULLY PAID AND ROYALTY FREE, TRANSFERABLE, SUBLICENSE-ABLE, WORLDWIDE LICENSE TO USE THE CONTENT THAT YOU POST ON OR THROUGH THE SERVICES. THUS YOU AGREE TO WAIVE ALL RIGHTS, AND ALL OWNERSHIP TO YOUR CONTENT, PICTURES, IMAGES AND INTERACTIONS MAY BE USED FOR ADVERTISEMENTS BY OMS FOR THE PUBLICITY AND FURTHER DEVELOPMENTS OR ADVERTISING FOR THE OMS.



SOME OF THE SERVICES ARE SUPPORTED BY ADVERTISING REVENUE AND MAY DISPLAY ADVERTISEMENTS AND OR PROMOTIONS, AND YOU HEREBY AGREE THAT OMS MAY PLACE SUCH ADVERTISING AND PROMOTIONS ON THE SERVICES OR ON, ABOUT, OR IN CONJUNCTION WITH YOUR CONTENT. THE MANNER, MODE AND EXTENT OF SUCH ADVERTISING AND PROMOTIONS ARE SUBJECT TO CHANGE WITHOUT SPECIFIC NOTICE TO YOU.



WHEN PROVIDING US WITH CONTENT OR POSTING CONTENT ON OR WITH OMS SERVICES, YOU GRANT US A NONEXCLUSIVE, WORLDWIDE, PERPETUAL, IRREVOCABLE, ROYALTY-FREE, SUBMERSIBLE THROUGH MULTIPLE TIERS, RIGHT TO EXERCISE ANY AND ALL COPYRIGHT, TRADEMARK, PUBLICITY AND DATABASE RIGHTS YOU HAVE IN THE CONTENT, IN ANY MEDIA KNOWN NOW OR IN THE FUTURE.



FOR THE CONVENIENCE OF USERS AND PEOPLE WHO POST SERVICES ON THE SITE WE MAY OFFER STOCK IMAGES, DESCRIPTIONS AND PRODUCT SPECIFICATIONS THAT ARE PROVIDED BY THIRD PARTIES INCLUDING OMS USERS. YOU MAY USE THIS CONTENT SOLELY IN CONNECTION WITH YOUR POSTING DURING THE TIME OF YOUR POSTING ON OMS’S WEBSITE.



WHILE WE TRY TO OFFER RELIABLE DATA, WE CANNOT PROMISE THAT THE CONTENT AND IMAGES WILL ALWAYS BE ACCURATE AND UP-TO-DATE, AND YOU AGREE NOT TO HOLD US OR OUR CONTENT PROVIDERS RESPONSIBLE FOR INACCURACIES. IF YOU CHOOSE TO INCLUDE INFORMATION, CONTENT OR IMAGES PROVIDED BY OMS IN YOUR POSTING, YOU CONTINUE TO BE FULLY RESPONSIBLE FOR YOUR LISTING AND FOR ENSURING THAT YOU ARE POSTING ACCURATE AND CORRECT INFORMATION, DO NOT INCLUDE MISLEADING INFORMATION, AND COMPLY WITH THESE TERMS OF USE AND ALL POLICIES.



IF YOU BELIEVE THAT YOUR RIGHTS HAVE BEEN VIOLATED, PLEASE NOTIFY US AT OUR CUSTOMER SERVICE LINK PROVIDED AND WE WILL INVESTIGATE THE MATTER. WE RESERVE THE RIGHT TO REMOVE CONTENT WHERE WE HAVE GROUNDS FOR SUSPECTING THE VIOLATION OF THESE TERMS OR THE RIGHTS OF ANY OTHER PARTY.



THE OUTGROWN MY STUFF NAME AND LOGO ARE TRADEMARKS OF OMS AND MAY NOT BE COPIED, IMITATED OR USED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN PERMISSION OF OMS.



INDEMNIFICATION:



YOU WILL INDEMNIFY AND HOLD US (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING LEGAL FEES ON A SOLICITOR AND CLIENT BASIS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE, YOUR IMPROPER USE OF OMS SERVICES, AND/OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.



IN ADDITION IF REQUESTED, YOU (AND ALSO ANY THIRD PARTY FOR WHOM YOU OPERATE AN ACCOUNT OR ACTIVITY ON THE SERVICE) AGREE TO DEFEND (AT OMS’S REQUEST), INDEMNIFY AND HOLD THE OMS PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, LEGAL FEES AND COSTS ON A SOLICITOR AND CLIENT BASIS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH ANY OF THE FOLLOWING INCLUDING A RESULT OF YOUR DIRECT ACTIVITIES ON THE SERVICES OR THOSE CONDUCTED ON YOUR BEHALF, INCLUDING BUT NOT LIMITED TO: (I) YOUR CONTENT OR YOUR ACCESS TO OR USE OF THE SERVICES; (II) YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHTS, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; (IV) YOUR VIOLATION OF ANY LAWS, RULES, REGULATIONS, CODES, STATUTES, ORDINANCES OR ORDERS OF ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL AUTHORITIES, INCLUDING, WITHOUT LIMITATION, ALL REGULATORY, ADMINISTRATIVE LEGISLATIVE AUTHORITIES; OR (V) ANY MISREPRESENTATIONS MADE BY YOU.



YOU SHALL COOPERATE AS FULLY REQUIRED BY OMS IN THE DEFENSE OF ANY CLAIM INVOLVING OMS.  OMS RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER INVOLVING OMS, SUBJECT TO FULL INDEMNIFICATION BY YOU, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM INVOLVING OMS WITHOUT THE PRIOR WRITTEN CONSENT AND AUTHORIZATION OF OMS TO DO SO.   



NO AGENCY

NO AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER, OR FRANCHISER-FRANCHISEE RELATIONSHIP IS INTENDED OR CREATED BY THESE TERMS OF USE.



LEGAL DISPUTES



YOU AND OMS AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE BETWEEN US RELATING IN ANY WAY TO OR ARISING OUT OF THESE OR PREVIOUS VERSIONS OF THE TERMS OF USE, YOUR USE OF OR ACCESS TO OMS SERVICES, OR ANY PRODUCTS OR OFFERED, AND/OR ACQUIRED THROUGH OMS SERVICES, WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION.



  1. APPLICABLE LAW

YOU AGREE THAT THE LAWS SETFORTH WITHIN THIS AGREEMENT SHALL BE GOVERNED BY THE COUNTRY/STATE/PROVINCE/TERRITORY SELECTED BY OMS AND AT THE DISCRETION OF OMS WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS, WILL GOVERN THE TERMS OF USE AND ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND OMS, EXCEPT AS MAY BE OTHERWISE STATED IN THE TERMS OF USE.



  1. AGREEMENT TO ARBITRATE

IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND OMS WITH RESPECT TO THE TERMS OF USE OR ANY MATTER GOVERNED BY THE TERMS OF USE WHICH THE PARTIES ARE UNABLE TO RESOLVE, THE MATTER SHALL BE DECIDED BY ARBITRATION.  THE PARTIES AGREE TO JOINTLY SELECT AN ARBITRATOR.  IF THE PARTIES CANNOT AGREE ON THE CHOICE OF ARBITRATOR WITHIN FIVE (5) DAYS FROM THE DATE THE NOTICE OF DESIRE FOR ARBITRATION WAS SERVED, THEN AN ARBITRATOR WILL BE CHOSEN, UPON APPLICATION BY THE PARTIES, FROM A LIST OF THREE (3) ARBITRATORS PROVIDED BY OMS.  ANY DECISION REACHED PURSUANT TO THIS ARBITRATION SHALL BE FINAL AND BINDING UPON THE PARTIES. INSOFAR AS THEY DO NOT CONFLICT WITH THE PROVISIONS HEREOF, THE PROVISIONS OF THE ARBITRATION ACT (ALBERTA, CANADA) AS AMENDED FROM TIME TO TIME SHALL BE APPLICABLE.



ADDITIONAL TERMS:



YOU AGREE TO ABIDE BY ALL POLICIES POSTED ON OUR SITES. SUCH POLICIES (INCLUDING, BUT NOT LIMITED TO THE FOLLOWING) ARE PART OF THESE TERMS OF USE AND PROVIDE ADDITIONAL TERMS AND CONDITIONS RELATED TO SPECIFIC SERVICES OFFERED.



POSTING AND PROHIBITED CONTENT POLICY



THE FOLLOWING LIST SPECIFIES ITEMS THAT ARE STRICTLY PROHIBITED TO BE POSTED ON THE OMS WEB BASED SITE(S):

  1. POSTING AN ITEM THAT HAS BEEN RECALLED BY A GOVERNMENT DEPARTMENT, GOVERNMENT AGENCY, MANUFACTURER, OR AN AUTHORIZED DISTRIBUTOR OF A MANUFACTURER.

  2. POSTING A DUPLICATE ADVERTISEMENT IN MORE THAN ONE CATEGORY OR IN MULTIPLE REGIONS WITHIN THE SAME COUNTRY.

  3. CREATING AN ADVERTISEMENT IF YOU ARE NOT LOCATED IN THE UNITED STATES OF AMERICA.

  4. POSTING AN ITEM FOR SALE THAT IS NOT LOCATED IN UNITED STATES OF AMERICA.

  5. POSTING AN ADVERTISEMENT USING MULTIPLE OR DIFFERENT EMAIL ADDRESSES.

  6. POSTING AN ADVERTISEMENT THAT SERVES NO OTHER PURPOSE OTHER THAN TO SEND TRAFFIC TO A WEB SITE.

  7. POSTING AN ITEM OR OFFERING A SERVICE THAT IS ILLEGAL TO OWN, OFFER OR TO ACQUIRE IN YOUR AREA OF RESIDENCE.

  8. POSTING AN ADVERTISEMENT THAT CONTAINS ADULT, MATURE OR EROTIC CONTENT.

  9. POSTING AN ADVERTISEMENT THAT DEFAMES ANYONE OR CONTAINS "HATE SPEECH".

  10. POSTING INFORMATION THAT IS FALSE, INACCURATE OR DELIBERATELY MISLEADING.

  11. POSTING AN ITEM WITH THE INTENT TO MANIPULATE THE PRICE OF ANY OTHER ITEM OR INTERFERE WITH OTHER USERS’ LISTINGS.

  12. POSTING A MULTI-LEVEL MARKETING, PYRAMID STRUCTURE, OR OTHER PROHIBITED JOB.

  13. POSTING AN ADVERTISEMENT THAT CONTAINS KEY WORDS NOT DIRECTLY RELATED TO THE ITEM THAT IS BEING OFFERED.

  14. POSTING PERSONAL ADVERTISEMENTS AND SOLICITING RELATIONSHIPS AND/OR DATING.

  15. POSTING OPINIONS, NOTICES, AND DISCUSSION TOPICS IN AREAS APART FROM THE APPROPRIATE DISCUSSION FORUMS.

  16. POSTING AN ADVERTISEMENT IN ANY FORM THAT VIOLATES THE EMPLOYMENT ACTS AND/OR AND/OR ANY LABOR LAWS OR ANY SIMILAR AND APPLICABLE LEGISLATION GOVERNED BY THE UNITED STATES OF AMERICA.  

  17. POSTING AN ADVERTISEMENT THAT DOES NOT COMPLY WITH THE LAWS, RULES, STANDARDS AND/OR POLICIES WITHIN THE CITIZENSHIP AND/OR IMMIGRATION LAWS OF THE UNITED STATES.

  18. POSTING ANY ADVERTISEMENT IF YOU ARE NOT ABLE TO FORM LEGALLY BINDING CONTRACTS OR ARE SUSPENDED FROM USING OUR SERVICES.

ANY ADVERTISEMENT THAT DOES NOT COMPLY WITH THE OMS POLICIES MAY BE REMOVED FROM THE SITE WITHOUT NOTICE. FURTHERMORE, USERS THAT VIOLATE SUCH POLICIES WILL BE BLOCKED FROM USING THE SITE, AND AFFILIATE SITES IN THE FUTURE. THE INFORMATION WITHIN THE POLICIES MAY BE MODIFIED, AND AMENDED WITHOUT NOTICE.



OMS’S GENERAL RULE IS THAT YOU MAY NOT LIST, OFFER OR ACQUIRE ITEMS OR SERVICES THAT ARE ILLEGAL TO OWN, OFFER OR ACQUIRE IN YOUR REGION OF RESIDENCE, OR THAT ARE NOT BOUGHT OR SOLD IN COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.



YOU ARE RESPONSIBLE FOR ENSURING COMPLIANCE WITH ALL APPLICABLE LAWS RELATING TO THE ITEMS YOU POST, OFFER OR ACQUIRE.



PICTURE AND DESCRIPTION POLICY OVERVIEW



OMS USERS ARE NOT PERMITTED TO POST ANY IMAGES THAT THE USER DOES NOT HAVE THE LEGAL OR OWNERSHIP RIGHT TO. THIS SHALL INCLUDE, AND NOT BE LIMITED TO THE FOLLOWING: PHOTOS AND ANY FORM OF PICTURES, IMAGES, CONTENT AND TEXT NOT AUTHORED BY THE USER, INCLUDING CONTEXT THAT HAS BEEN COPIED AND PASTED FROM ANOTHER SITE. EXCEPTIONS TO THIS POLICY WOULD BE IF THE USER IS AUTHORIZED BY THE OWNER, ITS AGENT, OR THE LAW.



THE BEST WAY TO MAKE SURE THAT YOU COMPLY WITH OMS’S POLICY IS TO TAKE YOUR OWN PHOTOS AND WRITE YOUR OWN DESCRIPTIONS. THIS WILL ASSIST YOU IN AVOIDING POTENTIAL LEGAL AND/OR OTHER RAMIFICATIONS CAUSED BY ANY UNLAWFUL INFRINGEMENT ON ANOTHER’S PROPERTY. IF YOU NEED ASSISTANCE IN WRITING A PROPER DESCRIPTION WE HAVE POSTED SOME USEFUL TIPS HERE:



MAKE SURE YOUR LISTING FOLLOWS THIS POLICY. OTHERWISE IF YOU DO NOT COMPLY, YOUR ADVERTISEMENT MAY BE REMOVED WITHOUT NOTICE AND YOU MAY BE SUBJECT TO A RANGE OF OTHER ACTIONS, INCLUDING LIMITS OF YOUR ADVERTISING PRIVILEGES AND SUSPENSION OF YOUR ACCOUNT. DO KEEP IN MIND THAT IT IS USUALLY OKAY TO USE INFORMATION SUCH AS MEASUREMENTS, WEIGHT OR OTHER SPECIFICATIONS THAT ARE NECESSARY TO DESCRIBE THE ITEM AND SIMPLY CANNOT BE SAID IN ANY OTHER WAY. YOU SHOULD ALWAYS AVOID USING ANY OTHER TEXT FROM PRODUCT PACKAGING UNLESS YOU ARE AUTHORIZED TO DO SO BY THE OWNER, ITS AGENT, OR THE LAW. WITHOUT LIMITING ANY OF THE FOREGOING, YOU ARE ABSOLUTELY PROHIBITED FROM THE FOLLOWING, UNLESS THE OWNER, ITS AGENT, OR THE LAW AUTHORIZES YOU:

    • USING A PHOTO AND TEXT FROM OTHER USERS OF THIS SITE;

    • USING PHOTOS AND TEXT COPIED FROM WEBSITES;

    • SCANS FROM CATALOGS OR ADVERTISEMENTS.