In Search Of, Inc

Terms of Service Agreement

Last Updated Date: 09/26/2023

Please read this Terms of Service Agreement (the “Terms of Service”) carefully. These Terms of Service are a legally binding agreement that apply to your access to and use of the website through which these Terms of Service are made available, the mobile app through which these Terms of Service are linked (the “App”) and the services and resources available on or enabled thereby (collectively, the “Services”), which are owned and operated by In Search Of, Inc. (“In Search Of,” ”iso,” ”District,” “we,” “us,” or “our”). Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Service and any applicable Supplemental Terms are referred to herein as the “Agreement.”

BY ACCEPTING THE AGREEMENT, COMPLETING THE ACCOUNT REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE OR DOWNLOADING THE APP, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE ENTITY ON BEHALF OF WHICH YOU ENTER INTO THIS AGREEMENT, AND TO BIND THAT ENTITY TO THE AGREEMENT. THE TERMS “YOU” AND “YOUR” REFER TO THE INDIVIDUAL THAT ENTERS INTO THIS AGREEMENT OR LEGAL ENTITY, AS APPLICABLE, ON BEHALF OF WHICH THE INDIVIDUAL ENTERS INTO THIS AGREEMENT.IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

THESE TERMS OF SERVICE INCLUDE (1) YOUR AGREEMENT THAT WE HAVE NO LIABILITY REGARDING ANY INTERACTIONS BETWEEN USERS (SECTION 1.3); (2) YOUR AGREEMENT THAT THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY (SECTION 13); AND (3) YOUR AGREEMENT TO INDEMNIFY US FOR YOUR USE OF, OR INABILITY TO USE, THE SERVICES (SECTION 12).

PLEASE BE AWARE THAT SECTION 18 (DISPUTE RESOLUTION) OF THIS AGREEMENT, BELOW, CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED IN SECTION 18.6: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.

PLEASE BE AWARE THAT SECTION 2.5 OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION AND DESCRIBES HOW YOU MAY OPT OUT OF SUCH COMMUNICATIONS.

MARKETPLACE OVERVIEW
1. Marketplace Exchange. In Search Of provides marketplace functionality that allows users to interact with each other, offer, sell, offer to buy and buy items. We do not own or sell the items listed on or made available through the Services, so the actual contract for sale is directly between the user seeking to sell items (“Sellers”) and individuals seeking to buy items (“Buyers”). In Search Of makes no representations about the suitability, reliability, timeliness or accuracy of any public, private or offline interactions between users. When interacting with other users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. NEITHER IN SEARCH OF NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. IN SEARCH OF AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
2. User-Hosted Marketplaces. Our Services may permit certain users (“Hosts”) to create and operate distinct marketplaces within the Services through which a group of Sellers can offer to sell and sell, and a group of Buyers can offer to buy or buy, certain items (each such marketplace, a “User-Hosted Marketplace” or “Marketplace”). Hosts may also be Sellers and/or Buyers on such User-Hosted Marketplaces. To the extent Host is also a Seller and/or Buyer, these Terms of Service apply to such Host’s actions as Seller and/or Buyer (respectively and as applicable). Your access to and any transaction you undertake on a User-Hosted Marketplace is subject to the terms and conditions of this Agreement and any additional rules, regulations, and/or guidelines for such Host's User-Hosted Marketplace (the “Group Guidelines”) established by the Host in its sole discretion. In the event of a conflict between this Agreement and any Group Guidelines, this Agreement will control to the extent of such conflict. In Search Of is not responsible for any action taken by any Host with respect to such Host's User-Hosted Marketplace, including without limitation any restrictions placed by that Host on which users can access and use such User-Hosted Marketplace. If you are a Host, your use of the Services as a Host is subject to additional terms with In Search Of located at Marketplace Host Terms, which are hereby incorporated by reference. Hosts may from time to time run promotional giveaways, contests and/or sweepstakes on the User-Hosted Marketplace (“Promotions”). You acknowledge and agree that In Search Of does not sponsor, endorse, or administer, nor is it associated with, such Promotions and Hosts are solely responsible for the administration of the Promotion, including the eligibility, terms and provision of prizes. Any questions, comments or complaints regarding a Promotion should be directed solely to the Host, not In Search Of.
3. RELEASE. In Search Of expressly disclaims any liability that may arise between you and us, or between users, including Buyers, Sellers, and Hosts. The Services are only a venue for connecting Buyers with Sellers. Because In Search Of is not a party to the actual contracts between Buyers and Sellers, in the event that you have a dispute with one or more users, you release In Search Of, its parents, subsidiaries, affiliates, officers, employees, investors, agents, partners and licensors, but excluding any users (each, an “ In Search Of Party ” and collectively, the “In Search Of Parties”) from any and all claims, demands, or damages (actual or 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.
USE OF THE SERVICES. The Services and the information and Content (as defined below) made available on or through the Services are protected by copyright laws throughout the world.
1. Access to and Use of the Services. Subject to the Agreement, In Search Of grants you a limited right to access and use the Services in order to procure or sell listed items through the Services or use other Services made available by us. Unless otherwise specified by In Search Of in a separate license, your right to use any and all Services is subject to the Agreement.
2. App License. Subject to your compliance with the Agreement, In Search Of grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced App” ), you will only use the App Store Sourced App (a) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (b) as permitted by the“Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store (a “Google Play Sourced App”), you may have additional license rights with respect to use of the App on a shared basis within your designated family group.
3. Updates. You understand that the Services are evolving. As a result, In Search Of may require you to accept updates to the App from time to time. You acknowledge and agree that In Search Of may update the App with or without notifying you. You may need to update third-party software from time to time in order to continue to use the Services.
4. Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, or otherwise commercially exploit the Services or any portion thereof; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or proprietary element of the Services (including images, text, page layout or form) of In Search Of; (c) you shall not use any metatags or other “hidden text” using In Search Of's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services shall be subject to the Agreement. In Search Of, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of the Services is a breach of this Agreement and, in the event of any breach, we reserve the right to immediately terminate this Agreement and all licenses granted by In Search Of to you hereunder, with or without notice to you.
5. Company Communications. By entering into this Agreement or using the Services, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning In Search Of and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END”[c] FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE IN SEARCH OF PROPERTIES OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL”[d] FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE SERVICES.
REGISTRATION
1. Registering Your Account. In order to access certain features of the Services you may be required to register an account on the Services (an “Account”).
2. Access Through a SNS. You may be able to access the Services and/or log into your Account through a valid account on a social networking service (“SNS”) that is compatible with the Services (each such account, a “Third-Party Account”). When you link your Account with one or more Third-Party Accounts and grant us access to such Third-Party Account: (i) you acknowledge and agree that you permit In Search Of to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account; (ii) you represent that you are entitled to disclose your Third-Party Account login information to In Search Of and/or grant In Search Of access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating In Search Of to pay any fees or making In Search Of subject to any usage limitations imposed by such third-party service providers; you agree that In Search Of may access, make available and store (if applicable) any Content (as defined below) on the Services that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Services via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be Your Content (as defined in Section 6.1) for all purposes of the Agreement. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable, or our access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Services. You may have the ability to disable the connection between your Account and your Third-Party Accounts through such Third-Party Account and/or through your Account on the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND IN SEARCH OF DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. In Search Of makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and In Search Of is not responsible for any SNS Content.
3. Registration Data. In registering an Account on the Services, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (a) at least eighteen (18) years old; (b) of legal age to form a binding contract; and (c) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account, whether or not expressly authorized by you. You may not share your Account or password with anyone, and you agree to notify us immediately of any unauthorized use of your Account. If you provide any information that is untrue, inaccurate, not current or incomplete, or In Search Of has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, In Search Of has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself except as expressly authorized by such individual or entity and by us. In Search Of reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. You agree not to create an Account or use the Services if you have been previously banned from the Services.
4. Additional Registration Data. In Search Of reserves the right, but has no obligation, to request additional information from Buyers or Sellers to verify your identity in order to comply with laws and regulations governing payments, safeguard the integrity of the Services, and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions. Information that In Search Of may request, or seek to confirm, may include full legal or business name, mailing address, phone number, date of birth, taxpayer identification number (e.g. Social Security Number), bank account information, and a form of government-issued identification.
5. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of In Search Of.
6. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
TERMS APPLICABLE TO SELLERS.
1. Listings. As a Seller, you will be required to provide any information requested by In Search Of when you list any item for sale on or through the Services (each, a “Listing”). When you provide information about a Listing, you agree to: (i) disclose any restrictions or requirements, whether imposed by applicable law or otherwise, that apply (for example, age limitations, locations such item cannot be shipped to, etc.), (ii) provide details about the method of sale (e.g., auction, buy-now, etc.) sufficient to enable a user to understand how to purchase the applicable item; (iii) clearly identify the price and the payment method(s) accepted by you; and (iv) provide any other information that is requested by In Search Of about the Listing or that is required to accurately describe the Listing. You represent and warrant that you are qualified to provide such items and that they will be of the stated quality and conform to the information you provided in such Listing. You represent and warrant that as a Seller, you will not make any Listing for any item that: (a) you do not own; (b) you do not have the applicable right or license to sell; or (c) you otherwise are prohibited by applicable law or our then-current acceptable use policy from selling.
2. Seller Obligations. When you sell an item through the Services, you are entering into a legally binding contract with the Buyer to provide such item to the Buyer in accordance with any details set forth in your Listing. You are solely responsible for procuring and shipping any items, and otherwise providing customer support. Your use of the Services and all items that you make available thereby must comply with all applicable laws, rules and regulations. You acknowledge and agree that In Search Of is not the Buyer in any transaction, and that In Search Of has no obligation to pay you or otherwise complete a transaction on behalf of any Buyer.
3. Seller Tools. In Search Of provides certain tools that allow Sellers to customize, enhance, and augment their marketing and sales materials and platforms (“Seller Tools”), including without limitation certain applications that enable a Seller to create multi-channel livestreams and apply creative effects to professionalize such Seller's point of purchase or point of sale. Certain Seller Tools may include the use of the proprietary technology, the rights in and to which are owned or licensed by In Search Of, to modify, enhance, or make derivative works of Your Content (as defined below) to create enhanced content (“Enhanced Content”). You agree that your use of any Seller Tools to create Enhanced Content does not transfer to you any right, title in or to any portion of the Seller Tools, and that you shall only use the Enhanced Content as enabled by the Services. In Search Of will have no liability to you in connection with any use of the Enhanced Content, including without limitation (i) any claims that the Enhanced Content violates the intellectual property rights of any third party or the terms of service applicable to any third-party platform or service provider; or (ii) any use of the Enhanced Content on any SNS or other third-party platform other than the Services. You use all Enhanced Content at your own risk.
4. Independent Relationship. You acknowledge and agree that your relationship with In Search Of is limited to that of an independent contractor, and not an employee, joint venturer, sales representative, agent (except as expressly set forth herein with respect to In Search Of’s appointment as your limited payments agent for transactions processed on your behalf as Seller, if applicable), franchisee or partner of In Search Of for any reason. You acknowledge and agree to act exclusively on behalf and for your own benefit, and not on behalf of, or for the benefit of, In Search Of. You are solely responsible for any items you list or sell through the Services and In Search Of does not, and will not be deemed to, control your use of the Services or your performance under this agreement.
TERMS APPLICABLE TO BUYERS.
1. Buyer Fees. As a Buyer, the fees to be charged to you for any items you purchase on or through the Services (“Buyer Fees”) will be as stated at point of purchase and you agree to pay all amounts payable in connection with any such purchase. Buyer Fees may include amounts payable by you to In Search Of, in each case as set forth at point of sale. Please refer to the Listing provided by the applicable Seller for any terms applicable to your purchase, including without limitation details related to (i) offer and acceptance; (ii) payment methods; (iii) passing of title to such item; (iv) shipping; and (v) refunds.
2. Buyer Data. In using the Services to make a purchase, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services at point of purchase (the “Buyer Data”). You represent that you are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or In Search Of has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, In Search Of has the right to cancel your order and refuse any and all current or future use of the Services (or any portion thereof). You agree not to use a false identity or information or to use the Services if you have been previously banned from the Services.
RELATIONSHIP BETWEEN BUYER AND SELLER.
1. Contract for Purchase is Between Buyer and Seller. The Services can be used to facilitate the purchase and sale of items through the Services from other persons not affiliated with In Search Of. We do not personally provide or deliver any of the items listed on the Services, so the actual contract for the provision of any listed item is directly between the Buyer and the Seller of that item. All matters concerning the items desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between the Buyer and the Seller.
2. No Representations or Warranties. In Search Of makes no warranties or representations whatsoever with regard to any items provided by Sellers. You will not consider In Search Of, nor will In Search Of be construed as, a party to such transactions, whether or not In Search Of may have received some form of revenue or other remuneration in connection with the transaction as consideration for providing the venue for you to transact, nor will In Search Of be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction. We do not investigate nor make any representations about any Seller's ability or eligibility to sell, nor any Buyer's ability or eligibility to purchase, any item.
3. No Guarantees. While we may, in our discretion, help facilitate the resolution of disputes through various programs, In Search Of has no control over and does not guarantee the existence, quality, safety or legality of items offered on or through the Services; the truth or accuracy of users' content or Listings; the ability of Sellers to sell items; the ability of Buyers to pay for items; or that a Buyer and Seller will actually complete a transaction or return an item. While In Search Of may provide pricing and guidance on our Services, such information is solely informational. We do not have control over the quality, timing, legality, failure to provide, or any aspect whatsoever of any ratings provided by users, items sold or offered for sale by Sellers, or of the integrity, responsibility, or any actions of any users.
4. Transfer of Ownership. We do not transfer legal ownership of items from the Seller to the Buyer. California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the Buyer and the Seller, unless the Buyer and the Seller mutually agree otherwise in writing.
5. Shipping. Shipping of any item purchased through the Services is the sole responsibility of the Seller of such item. For more information, please view our Shipping Policy.
RESPONSIBILITY FOR CONTENT.
1. Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials (“Content”) accessible through the Services, is the sole responsibility of the party from whom such Content originated. This means that you, and not In Search Of, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Services (“Your Content”), and that you and other users of the Services, and not In Search Of, are similarly responsible for all Content that you and they make available through the Services (“User Content”).
2. No Obligation to Pre-Screen Content. You acknowledge that In Search Of has no obligation to pre-screen Content (including, but not limited to, User Content or any Listings), although In Search Of reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that In Search Of pre-screens, refuses or removes any Content, you acknowledge that In Search Of will do so for In Search Of's benefit, not yours. Without limiting the foregoing, In Search Of shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
3. Storage. Unless expressly agreed to by In Search Of in writing elsewhere, In Search Of has no obligation to store any of Your Content that you make available on or through the Services. In Search Of has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that In Search Of retains the right to create reasonable limits on our use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Services and as otherwise determined by In Search Of in its sole discretion.
OWNERSHIP.
1. In Search Of Services. Except with respect to Your Content, you agree that In Search Of and its licensors own all rights, title and interest in the Services (including but not limited to, any computer code, themes, special effects, features, functions, objects, characters, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation contained thereon or enabled thereby). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any aspect of the Services.
2. Trademarks. ISO and all related graphics, logos, service marks and trade names used on or in connection with the Services or in connection with the Services are the trademarks of In Search Of and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
3. Your Content. In Search Of does not claim ownership of Your Content. However, when you as a user make available any of Your Content on or through the Services or otherwise use Your Content in connection with any Services, including without limitation using any Seller Tools to make Enhanced Content, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
4. License to Your Content. Subject to any applicable account settings that you select, you grant In Search Of a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Services to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not In Search Of, are responsible for all of Your Content that you make available on or through the Services.
5. Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area of the Services, you hereby expressly permit In Search Of to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
6. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to In Search Of through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that In Search Of has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to In Search Of a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or In Search Of's business or for any other purpose.
USER CONDUCT.
1. Restrictions. As a condition of use, you agree not to use the Services for any purpose that is prohibited by this Agreement or by applicable law, rule, or regulation. You shall not (and shall not permit any third party) to either (a) take any action or (b) make available any Content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, misleading, false, defamatory, libelous, pornographic, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or racially, ethnically, or otherwise discriminatory; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves regulated promotional activities such as contests, sweepstakes, barter, or pyramid schemes without In Search Of's prior written consent; (v) impersonates any person or entity, including any employee or representative of In Search Of; (vi) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by this Agreement; (vii) manipulates the price of any listed item or interferes with a user profile or Listings; (ix) transfers your Account and username to another party without our consent; (x) bypasses any robot exclusion hardware, interferes with the working of the Services, or imposes an unreasonable or disproportionately large load on our infrastructure; (xi) uses the Services to collect, harvest, transmit, distribute or submit any information concerning any other person or entity, including without limitation photographs of others, personal contact information or credit card, debit or calling card or account numbers without their permission; (xii) takes any action that may undermine any feedback or ratings systems used by us; (xiii) breaches or circumvents any laws, third party rights or our systems, policies, or determinations of your Account status; or (xiv) attempts to engage in or engages in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, Seller or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.
2. No Solicitation. The Services may not be used to solicit for any other business, website or services. You may not solicit, advertise for, or contact in any form users for employment, contracting, or any other purpose not related to the Services. You may not use the Services to collect usernames and/or email addresses of users by electronic or other means without the express prior written consent of In Search Of.
3. Investigations. In Search Of may, but is not obligated to, monitor or review your use of the Services and Your Content at any time. Without limiting the foregoing, In Search Of shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although In Search Of does not generally monitor user activity occurring in connection with the Services, if In Search Of becomes aware of any possible violations by you of any provision of the Agreement, In Search Of reserves the right to investigate such violations, and In Search Of may, at its sole discretion: (i) immediately terminate your rights to access and use the Services; (ii) change, alter or remove Your Content, in whole or in part, without prior notice to you; and/or (iii) if In Search Of believes that criminal activity has occurred, refer the matter to, and to cooperate with, any and all applicable legal authorities. In Search Of reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for In Search Of; (c) 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; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or (e) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.
INTERACTIONS WITH OTHER USERS.
1. User Responsibility. You are solely responsible for your interactions with other users and any other parties with whom you interact; provided, however, that In Search Of reserves the right, but has no obligation, to intercede in any disputes between users. The Services may contain User Content provided by other users. In Search Of is not responsible for and does not control User Content. In Search Of has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other users at your own risk. You agree that In Search Of will not be responsible for any liability incurred as the result of your interactions with other users.
2. Subverting the Services. The value of the Services rests in its provision of thriving Marketplaces for Buyers and Sellers. It is a material breach of this Agreement to arrange for the sale of listed items from, or the payment of fees to, Sellers outside the context of the Services for the purposes of circumventing the obligation to pay In Search Of's fee for items purchased through the Services.
FEES, PAYMENT, AND SHIPPING POLICY.
1. Fees. The fees that In Search Of charges for use of the Services are set forth in connection with the applicable Services (“Fees”). We may change our Fees from time to time by making updates on the applicable Services. The new Fees will apply to purchases on the Services or use of the applicable Services after notice of such changes have been made available to you. You are responsible for and agree to pay all Fees to your Account.
2. Payment of Fees. In Search Of facilitates transaction between Buyers and Sellers through hosting the Services and by facilitating processing of payments as described herein. Our Fee for each purchase made through the Services is paid by Seller on a transaction-by-transaction basis, and will be deducted by the Payment Processor (as defined below) from the purchase price paid by the Buyer together with any applicable payment processing or merchant bank fees charged by Payment Processor, with the remainder settled to the Seller. To the extent Seller is also Host, any commissions or other fees owed to Host will be offset against our Fee.
3. Refunds. In Search Of has no obligation to provide refunds or credits for any Fees or Buyer Fees, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by In Search Of or a Seller, in each case in our sole discretion. In Search Of may, in its sole discretion, cancel a purchase, or may limit quantities, shipment, or delivery of items purchased through the Services to particular addresses, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or this Agreement. If you are dissatisfied with any item you have purchased through the Services, please first contact the Seller from which you made such purchase and attempt to resolve your concerns with such Seller directly. To learn more, please view our Disputes Policy.
4. Marketplace Payment Processing. Buyer is obligated to make payment upon purchase of each item on a Marketplace, including for any and all applicable shipping fees, taxes, our Fees, third-party fees, and additional fees listed. Buyer is responsible for all charges incurred under Buyer’s Account, whether made by Buyer or another person using Buyer’s Account. All payments for purchases of items on Marketplaces must be made through the Services. In Search Of or its Payment Processor will charge the authorized payment method Buyer specifies at the time of purchase or as otherwise specified by Buyer in Buyer’s Account. Buyer may make payment for a purchase through the Services via payment methods such as debit card, credit card, or digital wallet. Available payment methods are subject to change from time to time in the sole discretion of In Search Of or Payment Processor. You further agree to provide accurate and complete information in order for In Search Of or Payment Processor to receive, process, and disburse payments made through the Services.
5. All payments for purchases made by the Buyer are processed by In Search Of and its third-party payment services providers (“Payment Processors”) on behalf of Seller to facilitate the settlement of proceeds to the Seller, less any amounts owed to In Search Of (including, without limitation, Fees as defined above), Hosts and Payment Processors. In Search Of uses (i) Stripe, Inc. and (ii) PayPal, Inc as Payment Processors for payment services (e.g., card acceptance, merchant settlement, and related services). In Search Of may replace any of its Payment Processors without notice to Seller or Buyer. As a condition of using the Payment Processor’s payment processing, you must provide accurate and complete information. All bank and credit card information is sent directly to and stored with the Payment Processor using its security protocols. In Search Of does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions. Your use of the Payment Processor’s payment processing is conditioned upon your compliance with the Payment Processor Agreement (as defined below), and if the Payment Processor Agreement is terminated by the Payment Processor, you may not be able to use the Services, or you may have your Account suspended or terminated.
6. To use the Services as a Seller and/or Host, you must establish a “connected account” with Stripe. Your use of the Services and the payment processing provided by the Payment Processors is subject to the applicable Payment Processor’s terms and conditions and privacy policies (collectively, the “Payment Processor Agreement”), including (with respect to your connected account) the Stripe Connected Account Agreement and Stripe Services Agreement, as may be modified by the Payment Processor from time to time. Stripe’s Privacy Policy is currently accessible at https://stripe.com/us/privacy and its Terms of Service is currently accessible at https://stripe.com/us/terms.
7. By making a purchase through the Services, you agree to be bound by the applicable Payment Processor Agreement, and hereby consent and authorize In Search Of and the applicable Payment Processor to share any information and payment instructions you provide with one or more third-party service providers to the minimum extent required to complete your transactions. All bank and credit card information is sent directly to and stored with the Payment Processor using its security protocols. In Search Of does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information.
8. Appointment of In Search Of as Limited Payments Agent. To the extent applicable, Seller hereby appoints In Search Of as its limited payments agent for the sole purpose of receiving, holding, and settling payments to Seller for purchases made using or otherwise through the Services. In Search Of, through its Payment Processor, will settle payments that are actually or constructively received by In Search Of to Seller, less any amounts owed to In Search Of and Hosts, including without limitation Fees and other obligations as set forth in this Agreement. Seller agrees that a payment actually or constructively received by In Search Of, on behalf of Seller, satisfies the Buyer’s obligation to make payment to Seller for Buyer’s applicable purchase, regardless of whether In Search Of or the Payment Processor actually settles such payment to Seller. If In Search Of does not settle any such payments as described in this Agreement to Seller, Seller will have recourse only against In Search Of (or the Payment Processor, as applicable) and not the Buyer, as payment is deemed made by Buyer to Seller upon constructive or actual receipt of funds by In Search Of. In accepting this appointment as the limited payments agent of Seller, Seller agrees that In Search Of assumes no liability for any acts or omissions of Seller, and Seller understands that the obligation of In Search Of or its Payment Processor to settle funds to Seller is subject to and conditional upon the Buyer’s actual payment and the terms of this Agreement.
9. Disbursements to Seller. In Search Of will disburse funds through the Payment Processor to Seller to the account associated with the payout information designated by the Seller. If payment is made to Seller in error, or if Seller receives funds that Seller is not otherwise entitled to receive at the time of disbursement, In Search Of has the right to recoup such amounts from the Seller, including without limitation by initiating a debit or charge to any account provided by Seller in connection with the Services. In Search Of may also offset against funds pending settlement to Seller any sums due, or reasonably likely to become due, to In Search Of pursuant to this Agreement.
10. Chargebacks and Holds. In the event that a Buyer submits a chargeback request to its bank or financial institution in connection with a purchase from Seller, In Search Of will inform Seller of the chargeback request. Seller agrees to provide evidence that the items involved in the request were shipped and delivered (e.g., tracking information of the shipping carrier), and that such item(s) were as described in the original listing, as well as any additional information In Search Of may request, within five (5) days of being informed by In Search Of of the chargeback. If a chargeback request is submitted by a Buyer before amounts are settled to In Search Of as described in this Section 11, Seller agrees that In Search Of or Payment Processor may hold the settlement until the chargeback dispute is determined by the Buyer’s card issuer or other payment processor, and if the chargeback dispute is warranted, In Search Of will not settle any such funds for the transaction at issue to the Seller. Seller also agrees that In Search Of reserves the right to manage the risks associated with providing the Services by placing restrictions on the settlement of funds to Seller when In Search Of deems it is necessary at its sole discretion, including as necessary to comply with law or mitigate fraud or abuse of the Services. For example, a hold may be placed if In Search Of has reason to believe there is an increased risk associated with a certain Marketplace transaction, such as if a Buyer files a dispute or requests a return, or if you are a new Seller or there have been prior complaints or disputes relating to your transactions.
11. Taxes. Fees and Buyer Fees under this Agreement do not include any Sales Tax that may be due in connection with any Services provided under this Agreement. If In Search Of determines it has a legal obligation to collect Sales Tax from a user in connection with this Agreement, In Search Of shall collect such Sales Tax in addition to the amounts required under this Agreement. If any Services, or payments for any Services, under the Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to In Search Of, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify In Search Of for any liability or expense In Search Of may incur in connection with such Sales Taxes. Upon In Search Of's request, you will provide us with official receipts issued by the appropriate taxing authority, or such other evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
INDEMNIFICATION. You agree to indemnify and hold the In Search Of Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Services; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any users; (e) your violation of any applicable laws, rules or regulations; (f) your use of any Seller Tools; (g) your creation or use of any Enhanced Content; and (h) any items you sell and any items you buy or agree to buy on the Services. In Search Of reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with In Search Of in asserting any available defenses. This provision does not require you to indemnify any of the In Search Of Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.
DISCLAIMER OF WARRANTIES AND CONDITIONS.
1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN SEARCH OF PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES. This Section 13 (Disclaimer of Warranties and Conditions) does not affect in any way our return policy for goods purchased on the Services. If for any reason you are not satisfied with a purchase you make on or through the Services, please contact the Seller of such goods in accordance with the terms of our Disputes Policy.
  1. IN SEARCH OF PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO THE SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
  2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
  3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. IN SEARCH OF MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IN SEARCH OF OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  5. FROM TIME TO TIME, IN SEARCH OF MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU, AT IN SEARCH OF'S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT IN SEARCH OF PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD IN SEARCH OF PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING BUYERS YOU INTERACT WITH AS A HOST OR SELLER, SELLERS YOU INTERACT WITH AS A HOST OR BUYER, AND OPERATORS OF EXTERNAL SITES (INCLUDING ANY SNS), AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
3. We are not involved in the actual transaction between Buyers and Sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee or warrant: (i) the quality, safety or legality of items advertised, the truth or accuracy of users' User Content or Listings, (ii) the ability of Sellers to sell items, (iii) the ability of Buyers to pay for item, or (iv) that Buyer or Seller will actually complete a transaction or return all items.
4. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT IN SEARCH OF DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY USERS. IN SEARCH OF MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. IN SEARCH OF MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE SERVICES.
5. Third-Party Materials. As a part of the Services, you may have access to materials that are hosted or made available by third party. You agree that it is impossible for In Search Of to monitor such materials and that you access these materials at your own risk and that In Search Of makes no warranty that such materials will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
LIMITATION OF LIABILITY.
1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL IN SEARCH OF PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT IN SEARCH OF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING ANY OTHER USER; OR (e) ANY OTHER MATTER RELATED TO THE SERVICES OR ANY SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO THE LIABILITY OF ANY IN SEARCH OF PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY SUCH IN SEARCH OF PARTY'S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY ANY IN SEARCH OF PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
2. Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN SEARCH OF PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF: (a) THE TOTAL AMOUNT PAID TO IN SEARCH OF BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100; AND (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN IN SEARCH OF PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY SUCH IN SEARCH OF PARTY'S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY AN IN SEARCH OF PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
3. User Content. EXCEPT FOR IN SEARCH OF'S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE PRIVACY POLICY, IN SEARCH OF ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, LISTINGS, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
4. Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
5. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IN SEARCH OF AND YOU.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is In Search Of's policy to terminate the Account of any user who repeatedly infringes copyright upon prompt notification to In Search Of by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for In Search Of's Copyright Agent[g] for notice of claims of copyright infringement is as follows: c/o Copyright Agent email: copyright@district.net, address: 2435 S Sepulveda Blvd Apt 1712, Los Angeles, CA 90064.[4]
TERM AND TERMINATION.
1. Term. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement.
2. Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Services or (b) the date you accepted the Agreement, and that the Agreement will remain in full force and effect while you use such Services, unless earlier terminated in accordance with the Agreement.
3. Termination. In Search Of may terminate this Agreement at any time, for any or for no reason, with or without notice to you. You may terminate this Agreement at any time by closing your Account (if you have one) and sending us notice of your intention to terminate this Agreement at the address set forth below. All sections of this Agreement intended by their nature to survive, including without limitation your indemnification obligations, all disclaimers, your release of In Search Of, and our limitation of liability, shall survive such termination.
4. No Subsequent Registration. If your registration(s) with, or ability to access, the Services is discontinued by In Search Of due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you will not attempt to re-register with or access the Services through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for Fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, In Search Of reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
THE SERVICES ARE FOR US-BASED USERS ONLY. The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that In Search Of intends to announce such Services or Content in your country. The Services are controlled and offered by In Search Of from its facilities in the United States of America. In Search Of makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
DISPUTE RESOLUTION. Please read the following arbitration agreement in this section (“Dispute Resolution”) carefully. It requires you to arbitrate disputes with In Search Of and limits the manner in which you can seek relief from us.
1. Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief against In Search Of relating in any way to your access or use of the Services or to any aspect of your relationship with In Search Of, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify,; and (2) you or In Search Of may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent at the address set forth in Section 19.3 The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available athttp://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available athttp://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, In Search Of will pay them for you. In addition, In Search Of will reimburse all such JAMS's filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and In Search Of. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
4. Waiver of Jury Trial. YOU AND IN SEARCH OF HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and In Search Of are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.1 (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
5. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section's limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other disputes, claims, or requests for relief shall be arbitrated.
6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the address set forth in Section 19.3, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your In Search Of username (if any), the email address you used to set up your In Search Of Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
7. Severability. Except as provided in Section 17.5 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with In Search Of.
9. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if In Search Of makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing In Search Of at the address set forth in Section 19.3, below.
THIRD-PARTY SERVICES.
1. Third-Party Websites, Apps and Ads. The Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Apps”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party App or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Apps and Third-Party Ads are not under the control of In Search Of. In Search Of is not responsible for any Third-Party Websites, Third-Party Apps or Third-Party Ads. In Search Of provides these Third-Party Websites, Third-Party Apps and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Apps or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Apps and Third-Party Ads at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third-Party Apps, or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
2. App Stores. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and In Search Of and not with the App Store. In Search Of, not the App Store, is solely responsible for the Services, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using of our Services, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
3. Accessing and Downloading the App from the Apple App Store.The following applies to any App Store Sourced App accessed through or downloaded from the Apple App Store:
  1. You acknowledge and agree that (i) the Agreement is concluded between you and In Search Of only, and not Apple, and (ii) In Search Of, not Apple, is solely responsible for the App Store Sourced App and content thereof. Your use of the App Store Sourced App must comply with the App Store Terms of Service.
  2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced App.
  3. In the event of any failure of the App Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced App. As between In Search Of and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of In Search Of.
  4. You and In Search Of acknowledge that, as between In Search Of and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced App or your possession and use of the App Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. You and In Search Of acknowledge that, in the event of any third-party claim that the App Store Sourced App or your possession and use of that App Store Sourced App infringes that third party's intellectual property rights, as between In Search Of and Apple, In Search Of, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
  6. You and In Search Of acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced App against you as a third-party beneficiary thereof.
  7. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced App.
GENERAL PROVISIONS.
1. General. The communications between you and In Search Of may take place via electronic means, whether you visit the Services or send In Search Of e-mails, or whether In Search Of posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from In Search Of in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that In Search Of provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”). The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without In Search Of's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. In Search Of shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. If you have any questions, complaints or claims with respect to the Services, please contact us at the address set forth in Section 20.4, below. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and In Search Of agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Los Angeles County, California. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Where In Search Of requires that you provide an e-mail address, you are responsible for providing In Search Of with your most current e-mail address. In the event that the last e-mail address you provided to In Search Of is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, In Search Of's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. Any notice you give to In Search Of shall be deemed given when received by In Search Of by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address, or if sent by email within 24 hours of confirmed transmission. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. Any use of the word “include” or “including” shall be deemed to be followed by “without limitation.” The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
2. Updates. PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY IN SEARCH OF IN ITS SOLE DISCRETION AT ANY TIME. When material changes are made, we will make a new copy of the Terms of Service Agreement available on the Services and any new Supplemental Terms will be made available from within, or through, the affected portions of the Services. We may also provide notice to users, for example by updating the “Last Updated” date at the top of this Terms of Service Agreement, sending an email to you at the last e-mail address you provided to us pursuant to the Agreement and/or requiring your consent to the updated Agreement. Any changes to the Agreement will be effective immediately for new users and will be effective thirty (30) days after posting notice of such changes on the Services for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Services or thirty (30) days after dispatch of an e-mail notice of such changes to users. In Search Of may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS.
3. Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by In Search Of are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer In Search Of products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
4. Contact