When a Store Owner/ Designer lists an item or product for sale on OLookBook and a buyer agrees to purchase the item, the parties have entered into a binding agreement which both parties are required to fulfill. The Store Owner should sell and the buyer should buy the goods or services for the price agreed to by the Store Owner and its buyer.
Account Terms for All Store Owners
Order fulfillment is the Store Owner’s/ Designer’s sole and full responsibility. All products purchased through a OLookBook online store must be fulfilled by the Store Owner/Designer in a timely manner, and in all events within a maximum of 7 business days following completion of an order, unless otherwise agreed by the Store Owner/Designer and its buyer. Failure to fulfill orders may cause Your store to be suspended by OLookBook.
Under no circumstances are you to make any attempt to avoid OLookBook's Marketplace fee or other fees. This includes writing this information in your description, FAQ, or any other public-facing element on OLookBook's platform.
You are responsible for any customization of your OLookBook online storefront, including graphics and information.
You are responsible for managing all products and collections, including information about the product, product variants and product images. You must correctly and accurately describe all products listed in Your OLookBook online store.
You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under Your OLookBook account.
OLookBook’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the Store Owner and is responsible for any and all activities.
You authorize OLookBook to process any and all of Your OLookBook account transactions initiated through the use of the password and/or passphrase that you establish through registration on the Site and you are solely responsible for maintaining the confidentiality of such password and/or passphrase. OLookBook cannot and will not be liable for any loss or damage from your failure to maintain the security of Your account and password.
You may not use OLookBook online stores for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).
You will be responsible for payment of all applicable sales, use and other taxes and government charges, whether federal, state or foreign, for each sale made through your OLookBook online store.
We may, but have no obligation to, remove content and accounts containing content that We determine at Our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You expressly understand and agree that OLookBook 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 resulting from the use of or inability to use the service.
You must not transmit any worms or viruses or any code of a destructive nature.
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 without the express written permission of OLookBook.
OLookBook does not claim any intellectual property rights over the material You provide to the OLookBook service. All material You upload remains Yours.
You agree to not sell or rent any purchasers’ information to any third-party companies. This includes Name, Email, Address and Phone Number.
Technical support is only available via email or Our Customer Support Forum, due to the small size of Our team, which allows Us to keep costs down as We provide Our Services to You for free and a low monthly cost.
OLookBook works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact Us at support(at) firstname.lastname@example.org. OLookBook does not warrant that the Service will be uninterrupted, timely, secure or error-free. The Service is provided on an “as is” and “as available” basis without any warranty or condition.
A breach or violation of these Terms, at the sole discretion of OLookBook, may result in immediate termination of Your Services.
As a store owner/ Designer, all of the products you sell in Storefront may also be marketed or sold through the OLookBook online marketplace (the “Marketplace”) should you choose to open a Designers Account / Marketplace store.
Inclusion in the OLookBook Marketplace is not guaranteed and your store may be removed from the Marketplace at our discretion. Reasons for removal include, but are not limited to:
OLookBook receiving more than 3 customer complaints regarding your store;
Your store averaging a rating of less than 0;
An incomplete store FAQ section located in the About section of your page;
Missing brand assets, such as logo, banner, or poor quality photographs.
You agree not to post 3rd party advertisements of any kind in your store front. This includes banner ads, Google Adwords or affiliate programs of any kind.
We reserve the right to modify or terminate the Service for any reason, without notice, at any time.
Prohibited Listings and Products
We expect Store Owners/ Designers to undertake necessary due diligence to confirm the products listed for sale in Your OLookBook online store/ account are in strict conformity with all applicable laws. In the event OLookBook concludes that a product or listing for product is prohibited, possibly illegal or inappropriate, We may without any notice to You immediately remove or modify the listing for the product. OLookBook reserves the sole right and discretion to determine whether listings for products and contents on the Site is appropriate.
The following products, items and services are not permitted to be sold or listed for sale on the Site:
Media which has been copied likely infringes copyrights and trademarks and may not be sold on the Site. Any copyrighted materials which have been copied without authorization are prohibited on the Site. Furthermore, the following items are not permitted to be sold or displayed on the Site:
Unauthorized copies of photographs and pictures.
Unauthorized recordings of music or concerts.
Unauthorized soundboard recordings.
Unauthorized reproductions of movies.
Unreleased/prereleased movies or video related thereto such as previews and trailers.
Unpublished and unauthorized film scripts, electronic press kits and unauthorized props.
Unauthorized reproductions of books
Unauthorized recordings or copies of recordings of radio programs or television programs and unauthorized scripts.
Any video games or software unless such video games and/or software are full retail versions.
Media which is produced and distributed for promotional use only are not authorized for retail distribution or sale, including but not limited to promo books, promo music albums and CDs, promo films and promo software.
Unauthorized replica, counterfeit and “knock-off” merchandise is prohibited.
Celebrity images and/or the use of celebrity names without permission of a celebrity or their management including products containing such images.
Media transferred from one format to another.
Photography, paintings, illustrations of any sort, textual descriptions, videos, DVDs, tapes or other media for visual reproduction that is pornographic or depicts a human being engaged in actual sexual conduct; gratuitous nudity or suggestive gratuitous nudity; any item depicting a nude individual under the age of 18 years; the offer to engage in sexual activity with anyone or anything; the offer of a massage or other service requiring physical contact; the offer of any service that suggests or in any way conveys an intimate service contact, including dates, escorts or other such services; adult novelties, toys and devices of a sexual nature for which one would have to be 18 years of age to purchase in the United States. Tasteful nudity may be allowed if the artwork is considered fine art.
Listings intended wholly or mainly as gateways to commercial or private websites for the purposes of advertising, or that offer contact information for non-OLookBook transactions.
The sale of Internet domain names (URLs).
Cash or equivalent instruments.
Weapons. OLookBook does not permit the listing of weapons of any kind. Such prohibited weapons include, but are not limited to: all firearms, ammunition, fireworks, crossbows, hunting bows, knives of any kind, nunchaku, clubs, brass knuckles, BB guns, paintball guns, pellet guns, tasers, stun guns, pepper spray, mace, blowguns, and weapons designed to be concealed.
Illegal items. Items sold in a OLookBook online store must adhere to all applicable laws. This includes the sale of items by individuals outside the United States. Some items that may not be sold on OLookBook include: tobacco products including Cuban cigars, stock and securities, lottery tickets (including grab bags and raffles), illicit drugs, prescriptive devices and drugs, cable descramblers, lock-picking devices, smart cards, and any product which may lead to the production of an illegal item or illegal activity.
Items that infringe upon an individual’s privacy including the sale of marketing lists (bulk email lists, direct-mail marketing lists, etc.).
Living creatures and unauthorized/illegal wildlife products.
Offensive material as deemed offensive by Storenvy in its sole discretion including items such as crime-scene photos and human organs and body parts.
Any item that enables unauthorized transmission/reception of a satellite broadcast/signal.
Stolen property and goods.
Tobacco and tobacco products.
Wine and other alcoholic beverages and related products.
Unauthorized copies of art in any form.
Any product that by listing same on the Site violates any law in any jurisdiction.
Automobile tires or batteries.
Electronic smoking products.
Illegal drugs or drug paraphernalia.
Any product containing any hazardous or dangerous material including mercury or any product whose use is regulated by any law in any jurisdiction.
Medical equipment unless approved in advance by Us.
No plants or seeds designated by any agency as noxious or dangerous and no illegal plants or seeds.
Electronic surveillance equipment.
Tanning devices unless approved in advance by Us.
Service contracts or warranties.
Additionally, posting of links to outside websites intended to sell items—particularly those with non-OLookBook ordering tools or information or posting promotional logos to credit outside services is strictly prohibited.
Social followers, likes, follows, etc.
Spam Products & Comments
OLookBook does allow store owners to setup more than one store using the same Stripe account, However as a store owner you are not allowed to list identical products in more than one store attached to a single Stripe account. Any store owners found listing identical products in more than one store that they operate will have all stores attached to their account immediately disabled, as well as being banned from OLookBook.com.
As a store owner/ designer you agree not to "spam" other products in the OLookBook Marketplace by leaving comments including links or text asking users to view your store or product. This not only makes you look bad as a store owner it also reflects poorly on the entire OLookBook Marketplace. Any stores found spamming the OLookBook Marketplace will have their store and account immediately disabled.
Any store owners found "gaming" the system by creating fake user accounts to generate followers and likes for their products will be immediately disabled and banned from OLookBook.com.
Disclaimer and Dispute Resolution
OLOOKBOOK ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT THEREON. OLOOKBOOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, ALL CONTENT THEREON, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE. OLOOKBOOK DOES NOT WARRANT : THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED; OR THE ACCURACY OR COMPLETENESS OF THE CONTENT; OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, ‘WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
If a dispute arises between You and OLookBook, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact Us directly and work with Us to resolve a dispute. If a dispute cannot be resolved by You and We, You will have the option to pursue a claim (a “Claim”) against OLookBook in accordance with one of the options provided below or as We and You otherwise agree in writing.
This Store Owner’s / Designer's Agreement shall be governed in all respects by the laws of the State of Georgia as they apply to agreements entered into and to be performed entirely within Georgia between Georgia residents, without regard to conflict of law provisions.
Option One – For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the party requesting relief may elect to handle the Claim in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties in the greater Atlanta, Georgia area. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) the arbitrator’s decision shall be final and not appealable to any court or any other tribunal or arbitrator(s), and shall be entered and enforceable as a judgment in a court of competent jurisdiction in Atlanta, Georgia.
Option Two – For any other Claim other than a Claim which qualifies and is opted for by a party under option one above, such Claim may be submitted by either You or Us for arbitration to the Atlanta, Georgia office of the American Arbitration Association. Such arbitration proceedings will be conducted in Atlanta, Georgia and will be heard by one arbitrator in accordance with the then current commercial arbitrations rules of the American Arbitration Association. Such arbitrator will be a lawyer of recognized standing and expertise in the area of commercial transactions.
Attorneys’ Fees – In the event OLookBook is required to incur any attorneys’ fees or other expenses in connection with enforcing or defending its rights under this Store Owner’s/ Designer Agreement with respect to a Claim relating to Your use of the Site, You shall reimburse OLookBook for such reasonable attorneys’ fees and expenses.
These Terms are effective June 1, 2018, for current Store Owners/ Designers, and upon use of the Site by a new Store Owner/Designers. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, You are subject to any unique posted policies or rules applicable to specific Services You use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Store Owner’s /Designer's Agreement. This Store Owner’s/ Designer's Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
OLookBook Inc., a Georgia limited liability company (sometimes herein “OLookBook,” "We" or "Us") offers services through the domain www.OLookBook.com (sometimes herein the "Site"). You, as a buyer, may purchase goods and services from store owners (“Designers”) on the Site who have an online storefront (“Storefront”). The following provisions set forth the policies applicable to any purchase(s) You make on or from the Site. By using the services and features (the "Services") offered through the Site, you ("User" or "You," or “Your” which collectively includes you and any other person or entity on whose behalf you may be acting) are accepting and agreeing to the terms ("Terms") set forth below ("Buyer’s Agreement"), which will constitute a binding agreement between You and OLookBook.
You may use our Services, the Site, and any content contained thereon only if used for the intended purposes of the Site.
You agree You will not hold OLookBook or any party affiliated with OLookBook liable for any action, or inaction of any user of the Site or with respect to goods or services they might sell from a Storefront/ Designers Account. OLookBook is a marketplace that permits users to offer, sell and buy products and services. OLookBook is not directly involved in the transaction between a Store Owner and a buyer. As a result OLookBook has no control over the ownership, quality, safety, morality, pricing, content or legality of any aspect of the products or services being sold. OLookBook does not pre-screen Store Owner’s, goods, services or the content or information provided by Store Owners/ Designers. OLookBook cannot ensure that a buyer or Store Owner will actually complete a transaction.
You agree to indemnify and hold OLookBook, its members, directors, officers, employees, service providers, suppliers and agents, harmless from any claim or demand, including attorney fees and court costs, made by any third party due to or arising out of the information you submit, post or make available through the Site or your use of the Site.
YOU AGREE UNDER NO CIRCUMSTANCES SHALL OLOOKBOOK BE LIABLE FOR DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL , EXEMPLARY OR OTHER DAMAGES (EVEN IF OLOOKBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICES, FROM INABILITY TO USE THE SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY.
OLookBook has no liability whatsoever for the amounts charged by Store Owners/ Designers in shipping goods and services to buyers. The amount of shipping and administrative charges charged by a Store Owner/ Designers is purely a personal matter between a Store Owner/Designer and a buyer.
THE SITE IS PROVIDED ON AN "AS IS", “WHERE IS”, "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS. OLOOKBOOK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OLOOKBOOK ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OLOOKBOOK DOES NOT WARRANT THIS SITE OR ARE FREE OF VIRUSES OR OTHER HARMFUL MATTER. OLOOKBOOK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
OLookBook works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact us at email@example.com.
These Terms are effective June 1, 2018, for current Users, and upon use of the Site by a new User. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, you are subject to any unique posted policies or rules applicable to specific Services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. This Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Any responsibilities or obligations of a User which accrue or arise during the term of this Agreement shall survive the termination of this Agreement until fully satisfied by You.