Terms of Service (Playground Rules)
Introduction
Wunderbloc LLC, dba wunderbloc.com, (“Wunderbloc” or the “Site”) provides to you a service, subject to these Terms of Service, which may be updated at any time with or without prior notice to you. By using the Site, you are agreeing to be bound by the following terms and conditions (as amended from time to time). Failure to comply with these Terms of Service will result in account revocation.
Description of Service
Wunderbloc is a web-based service that allows its users to browse personal pages of individuals (“Shoppers”) and businesses (“Boutiques”) as well as create and update their own (herein referred to as “Wunderbloc” or the “Service”). Once registered with Wunderbloc, a Shopper or Boutique may use its own space to post text, data, messages, music, sound, photography, graphics and video (the "Content"). This Content may reside on Wunderbloc's servers or on the servers of a third-party.
Wunderbloc also enables Boutiques to transact business or sales with Shoppers through the Site, with the help of a third-party payment solution (PayPal). As such, Wunderbloc is a type of online marketplace and is not a retailer. We are a venue to allow registered users to offer, sell and buy from each other items over the Internet at any time, from any where. We are not involved in the actual transaction between buyers and sellers. And, as a result, Wunderbloc has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer.
Registration Obligations
For those users who are interested in creating personal pages, either as a Shopper or a Boutique, account registration and verification is required. During registration, all users are required to provide accurate, complete and current information about themselves and/or their businesses in all required fields. Should any of your information change after submitting it to Wunderbloc, you are required to update that information as soon as possible. Should Wunderbloc, suspect that your information is not complete, current or accurate, your account may be subject to suspension or termination.
Use of the Site
You may view and use the Site only for your personal information and use and you may not authorize others to use the Site. You agree to use the site for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Unauthorized or illegal uses of the site will be investigated and appropriate legal action will be taken.
Your Information and User Conduct
Your Information is defined as any information you provide to us or other users in the registration, profile, blogs, listing process, in any public message area (including the Comments and Reviews sections) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
You agree to NOT use the Service to:
1. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful or racially, ethnically or otherwise objectionable;
2. Harm minors (those under the age of 18) in any way;
3. Impersonate any person or entity, including, but not limited to, a Wunderbloc staff member, or falsely state or otherwise misrepresent your affiliation with Wunderbloc or any other person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. Intentionally or unintentionally violate any applicable local, state, national or international law;
11. "Stalk" or otherwise harass another person or company;
12. Collect or store personal data about other users for business purposes;
13. Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group or individual, or promote any act of cruelty to animals;
14. Allow usage by others in such a way as to violate Wunderbloc's Terms of Service;
15. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
16. Exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people's entries or other content when you have not been granted the privileges to do so; and
17. Make excessive or otherwise harmful automated use of the system via any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
If Wunderbloc determines, in its sole and absolute discretion, that any user is in violation of the Terms of Service, Wunderbloc retains the right to terminate such user's account at any time without prior notice and to pursue appropriate legal action.
Prohibited, Questionable and Infringing Items
You agree to grant, and by your use of the Site, do grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use Your Information and to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing for any purpose, including any commercial purposes. Furthermore, you hereby authorize us to exercise the copyright, publicity and database rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. Wunderbloc will only use Your Information in accordance with our Privacy Policy.
Information Control
Wunderbloc does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on the Site. Any Content placed on the Site, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of Wunderbloc. You acknowledge that Wunderbloc does not pre-screen Content, but that Wunderbloc and its designees shall have the right (but not the obligation) in their sole discretion to remove or refuse to remove any Content that is available through the service. Without limiting the foregoing, Wunderbloc and its designates shall have the right, but not the obligation, to remove any Content that violates the Terms of Service or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Because we do not pre-screen Content, you acknowledge that you may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Wunderbloc is not responsible for the acts or omissions of users on the Site.
Registration As A Boutique
In opening a Boutique Account in Wunderbloc, you agree to ALL the following conditions:
1. You are an owner, employee or legal representative of the business for which you intend to or have already opened a Boutique Account for;
2. the business you represent is a legal enterprise currently recognized by the state of New York and maintains a current business license to conduct business in the state of New York;
3. the business you represent maintains at least one (1) physical retail location in the New York City boroughs of (i) Manhattan or (ii) Brooklyn as defined by the State of New York; and
4. the business you represent can be described, in good judgment, as a business operating in the clothing or fashion-related industries.
Failure to comply with ALL, or to be in violation of ANY, of the above conditions will result in the rejection of a Boutique Application or an immediate suspension, deactivation or termination of an existing Boutique Account at any time without prior notice. These actions are at the sole and absolute discretion of Wunderbloc.
Transaction Fees
As a Registered Boutique, you are subject to a fee (“Transaction Fee”) for every item you sell via the Site. This Transaction Fee is a sliding scale based on the listed price of the item sold (or sub-total of the listed prices in the case of multiple items), excluding tax and shipping costs. Details of the fee structure are described below:
• 5.0% on items less than $150.00
• 3.0% of incremental $ above $150.00 but below $300.00
• 2.0% of incremental $ above $300.00
All $ figures are in United States (US) dollars.
We may at our sole discretion change the Transaction Fee structure or Billing Policy at any time. In the event of such an occurrence, Wunderbloc will send an email notification and a reminder of the change(s) one (1) month and two (2) weeks, respectively, in advance of the change(s) taking place. You are responsible for paying all fees associated with using our Service, as well as all shipping costs and applicable taxes, if required.
Billing Policy
Transaction Fees are paid using the PayPal account number you supplied on file when registering as a Boutique. On the last day of each month, Wunderbloc adds up all your Transaction Fees for that month and sends you an invoice via email. If there are any items on the invoice, which you consider to be inaccurate, please send Wunderbloc an email at billing | at | wunderbloc dot com as soon as possible, so that we may either resolve the issue or eliminate the charge prior to charging your PayPal account. Unless there is an outstanding issue, which Wunderbloc is aware of and acknowledges as a legitimate issue, your invoice will be expected to be paid within 10 business days.
Return Policy
Wunderbloc will return or credit to a future invoice 100% of a Boutique’s Transaction Fee associated to a returned item, which the Boutique accepts pursuant to its own return policy. This fee adjustment will be made either in the current billing cycle or the next depending on when the Boutique presents the Tramsaction Fee Adjustment Request (TFAR) to Wunderbloc. TFARs due to product returns must be submitted with proof within two (2) weeks of the date of the return for it to be accepted. TFARs must contain the following information:
1. Name of the Boutique
2. Wunderbloc Username
3. Name of the item returned as labeled in the Site
4. Date of item sold on the Site
5. Printout of the PayPal account record showing the reimbursement to the customer with (i) the date of the reimbursement and (ii) the amount reimbursed clearly visible.
Transaction Fee Adjustment Requests should be emailed to billing | at | wunderbloc dot com or faxed to 415-358-8164.
Identity Verification
We use many techniques to verify the accuracy of the information users provide us when they register with the Site. Again if the information provided during registration or thereafter is considered to be false or inaccurate, Wunderbloc has, in its sole discretion, the right to suspend or delete a user’s account, including all Content relating to that account. However, because user verification on the Internet is difficult, Wunderbloc cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system (Reviews) to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site.
Indemnity
You agree to indemnify and hold Wunderbloc, and its subsidiaries, affiliates, officers, directors, agents, employees and co-branders or other partners, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third-party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights or another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
Because Wunderbloc is a venue, in the event that you have a dispute with one or more users, you release Wunderbloc, and its subsidiaries, affiliates, officers, directors, agents, employees and co-branders or other partners, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding online conduct and acceptable Content, including your use of our Service and your listing, purchase, solicitation of offers to purchase and sale of items.
Modifications to Service
Wunderbloc reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Wunderbloc shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service.
Termination
You agree that Wunderbloc, in its sole discretion, may terminate your password, account, and remove and discard any Content within the Service, for any reason, including and without limitation, the lack for use, or if Wunderbloc believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Any contracts. Verbal or written or assumed, in conjunction with your deleted accounts and all its parts, at Wunderbloc’s discretion, will be terminated as well. Wunderbloc may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Wunderbloc may immediately suspend or delete your Shopper or Boutique page and all related information and files. Wunderbloc reserves the right to bar any further access to such files or the Service. You agree that Wunderbloc shall not be liable to you or any third-party for any termination of your access to the Service.
Links
The Service, including registered users and relevant third-parties, may provide links to other websites or resources. Because Wunderbloc has no control over such sites and resources, you acknowledge and agree that Wunderbloc is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites and resources. You further acknowledge and agree that Wunderbloc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Privacy Policy
Your use of the Service is subject to Wunderbloc's Privacy Policy. For information on Wunderbloc's privacy practices, please see the entire Privacy Policy.
Disclaimers of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WUNDERBLOC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
b) WUNDERBLOC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND
d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WUNDERBLOC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WUNDERBLOC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WUNDERBLOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Communications with You
You consent to receiving communications from us electronically and that we will communicate electronically with you by email or by posting notices on the Site. You hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Resolution of Disputes
In the event a dispute arises between you and Wunderbloc regarding our Services, please email Wunderbloc at service | at | wunderbloc dot com and we will work quickly towards a solution.
We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Governing Law and Venue
You agree that these Terms of Service, for all purposes, shall be governed and construed in accordance with the laws of the State of Massachusetts and that any action based on or alleging a breach of these Terms of Service must be brought in a state or federal court located in Massachusetts. In addition, all parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
Trademark Information
Trademarks and service marks and other Wunderbloc logos and product and service names are trademarks (“Wunderbloc Marks”) of Wunderbloc LLC, whose prior written permission is required before you may display or use in any manner any of the Wunderbloc Marks.
Miscellaneous
Third Party Beneficiaries. Except as otherwise expressly provided for in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
Entire Agreement. These Terms of Service constitute the entire agreement between you and us and governs your use of the Site, superseding any prior agreements between you and us with respect to the Site.
Waiver and Severability of Terms. The failure of Wunderbloc LLC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Wunderbloc account is non-transferable and any rights to your Wunderbloc account or Contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all Contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Headings. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.