Terms of Service

YOUR USE OF AND ACCESS TO THE SERVICES OF WHURL LLC. AS DEFINED BELOW ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS; IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE OR ACCESS OUR APPLICATIONS, WEBSITES OR ANY OF WHURL’S SERVICES FOR ANY PURPOSE.

Welcome to WHURL LLC. (sometimes referred to in these Terms of Service as “WHURL,” “Our,” “We,” and/or “Us”) The following are WHURL’S rules and restrictions which govern your usage of our websites, products, services and applications (collectively, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at info@shopWHURL.com.

Our Terms of Service (the “Terms”) are intended to create a valid and enforceable agreement between you and WHURL. You must agree to and accept all of our Terms or you cannot use any of WHURL’S Services. If you utilize any of our Services in any way you are deemed to have agreed to all of our Terms. These Terms will remain in effect at all times while you use the Services and certain terms will continue after you cease using our Services as described below. Furthermore, WHURL’S Terms may change from time to time. WHURL reserves the exclusive right to change our Terms at any time in our sole discretion. It is your obligation to check back to this page and/or any other location where WHURL publishes its Terms in order determine whether such Terms have been modified. You are bound by any changes WHURL makes to its Terms. Therefore, please review the Terms regularly.

In order to use WHURL’S Services, you will need to register to create an account which will require both a user name (WHURL USER ID) and a password. This can be accomplished through our application, website or a third party (e.g. Facebook). There is no fee for registering with WHURL. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your WHURL USER ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You are solely responsible for maintaining the confidentiality of your WHURL USER ID, password and account. You agree to immediately notify WHURL of any unauthorized use of your password or account or any other breach of security, as well as ensuring that you log out of your account at the conclusion of each instance of using our Service. You also agree that WHURL is not and will not be responsible for any loss, damage or other consequence occurring from your failure to comply with WHURL’S Terms. You are responsible for any and all activity associated with your account.

WHURL provides a meeting and marketplace where our members can buy and sell vintage fashions and other goods (collectively “Vintage Goods”), as well as communicate with one another. Vintage Goods include the following items which were made at least twenty (20) years ago: clothing, accessories, household and other small items. WHURL members who are interested in buying certain Vintage Goods may upload photos and/or written descriptions of their desired items. In response to the posted purchase desires of a WHURL member, other WHURL members who possess Vintage Goods which are within the potential scope of those goods which are desired by a WHURL member may upload photos and/or written descriptions of such goods. WHURL members may browse other members’ photos and descriptions of desired Vintage Goods as well as members’ photos and descriptions of the Vintage Goods for sale offered in response to prospective buyers’ queries.

All purchase and/or sale transactions which come about as a result of postings on WHURL’S Services will be conducted through PayPal. Therefore, all registered users of WHURL must have a PayPal account. You agree that WHURL is entitled to a 3.0 % (three percent) commission on the gross selling price of all transactions which occur utilizing WHURL’S Services. The commission will be paid by the seller which shall be deducted by PayPal from the funds received from the buyer before any such funds become available for distribution to the seller. WHURL shall not be entitled to any commission based upon any separate charge agreed upon between the buyer and seller with respect to shipping fees. However, should any seller quote a single price for the sale of its goods which includes shipping fees, WHURL’s commission shall be determined based upon that single price with no deduction or adjustment for shipping fees.

You represent and warrant that you are of legal age (as determined by the laws in effect in your place of residency) to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and your parent or guardian has actually agreed to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are fully authorized to agree to these Terms on behalf of that organization or entity’s and to legally bind them to these Terms (in which case any reference to “you” and “your” in these Terms, refers to that organization or entity). Except as otherwise provided herein, our Services are not available to minors (as determined by the laws in effect in your place of residency).

In order for you to use our Services, you must be a resident of the U.S.A. or otherwise physically present within the U.S.A. All Vintage Goods which are purchased or sold using WHURL’S Services must be delivered to addresses within the U.S.A.

You will only use our Services for your own behalf and not for the benefit of any third party, and only in a manner which complies with all laws which apply to you. If your use of our Services is prohibited by any applicable laws, then you are not authorized to use the Services. We are not responsible for your use of our Services in any manner which is contrary to any applicable law.

Your use of our Services is subject to the following additional restrictions and any violation of these restrictions will result in your immediate termination from WHURL:

* You will not post any photographs, images and/or descriptions which infringe upon or violate the intellectual property rights or any other rights of any other person or entity;

* You will not use our Services in a manner which violates any applicable law or regulation;

* You will not attempt to obtain account information and/or the passwords of any other user of WHURL;

* You will not attempt to violate the security of our computer network or extract any data or portions of content from our Services, nor shall you use any manual or automated means of extracting data or information from our websites, applications or Services;

* You will not circumvent or attempt to circumvent WHURL’s entitlement to a commission by purchasing or selling items which have been requested or offered for sale on WHURL at any time outside of the WHURL’S framework for payment via PayPal;

* You will not act in any manner which we deem harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

In the event that WHURL determines in our sole discretion that any member has violated any of the foregoing, that constitutes grounds for immediate termination of your right to use or access the Services. Notwithstanding the foregoing, WHURL may terminate any member’s right to utilize or access the Services at any time in our exclusive discretion for any or no reason.

All of the content which appears on WHURL’S applications and websites (which includes graphics, data, pictures, images, drawings, text, member submissions and the like) are protected by federal and state copyright law as well as federal and state law relating to intellectual property. You agree to abide by all applicable federal and state laws which relate to intellectual property and agree not to reproduce, republish, retransmit, redistribute or redisplay any such content which is not specifically owned by you without the prior written consent of the owner of such content (which may or may not be WHURL).

Any postings which you make to WHURL whether containing images, data or otherwise, are viewable by all of our members. By making such postings you explicitly grant us rights to utilize such content in a manner consistent with the Services we offer. To the extent which your postings include personally identifiable information, you are knowingly and voluntarily submitting content to us for distribution on our Services despite the fact that our Privacy Policy might otherwise prevent us from disseminating such information. By posting any such content to our Services, you are explicitly authorizing us to disseminate, distribute and utilize all of such content in a manner consistent with our Services.

With respect to any postings you may make to WHURL, you explicitly grant to us an irrevocable, perpetual and royalty-free right to utilize such postings and the content contained therein for any and all purposes which are reasonably connected with the services offered by WHURL. This usage of your content may include services which are not currently offered by WHURL. If and when you or we delete your WHURL account, you understand that your postings may continue to be visible on our applications and/or websites. You understand and agree that you are responsible for all content and postings you contribute to WHURL. You represent and warrant that you possess all rights necessary to make such postings.

The content of all of our members’ postings are the exclusive responsibilities of the persons or entities making such postings. WHURL is not responsible or liable for any errors or omissions contained in such postings, and WHURL is not responsible for any losses or damages you may incur as a result of any such errors or omissions. You therefore understand and agree that all risks associated with such postings are yours. Although we use our best efforts to assure that the identity of all WHURL members is accurately reflected and that the content of member postings is accurate, WHURL is not responsible for the accuracy and truthfulness of such information. WHURL makes no representation or warranty regarding suggestions or recommendations regarding the Vintage Goods offered or purchased through our Services.

You agree to indemnify and hold WHURL, our managers, officers, attorneys, employees and agents, including the successors and assigns of each, harmless from and against any and all claims, liabilities, damages, losses and expenses (including attorneys’ fees) arising from your use of our Services or in any way related to any third party claims relating in any manner to your use of our Services.

You understand and agree that all of your interactions with third parties while using WHURL (including interactions with other members, shippers and PayPal) are exclusively

between you and such persons or entities. You agree that you will conduct whatever investigation you deem necessary or appropriate prior to entering into any transaction with such persons or entities. Furthermore, you agree that WHURL is not and will not be responsible in any manner for any losses, damages or other consequences which may occur as a result of your dealings with such persons or entities.

Should any dispute arise between you and another WHURL member, or between you and any third party, you agree that we are under no obligation to become involved in any fashion. In the event that you become involved in a dispute with another WHURL member, you hereby agree to release WHURL, our managers, officers, attorneys, employees and agents, and their successor and assigns from and against any and all claims, demands and losses, whether known or unknown, which in any fashion are related to your use of our Services.

You are responsible for paying withholding, filing, and reporting any and all taxes (including but not limited to sales taxes, income taxes and payroll taxes) , duties, and other governmental assessments associated with your activity in connection with our Services. The failure of either you or us to exercise any right set forth in these Terms shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be stricken and the balance of the Terms will continue to be enforceable and will be interpreted as though the stricken provision(s) were never part of the Terms. No agency, partnership, joint venture, or employment is created between you and us as a result of these Terms. Your representations, warranties and covenants contained in these Terms shall survive the termination of your right to use our Services for four years. The Terms are governed exclusively under the laws of the State of California.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WHURL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, OR COMPUTER FAILURE OR MALFUNCTION, OR (2) ANY AMOUNT IN EXCESS OF $100. The law of your jurisdiction may limit the permissible limitation of damages, so please review the applicable law in your state of residency in conjunction with this paragraph.