Wicksteed Open Air receives compensation for referring buyers to the retailers, brands, merchants, and other partners participating in the Services (“Retailers”). Compensation received by Wicksteed Open Air may play a part in whether Retailers and products appear on our Services, where they are placed, and how we promote them to you. The Services provided at the sole discretion of Wicksteed Open Air and subject to your compliance with this Agreement. The Services, and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by Wicksteed Open Air in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement.
2. ELIGIBILITY TO USE SERVICES
You must be 18 years or older to use our Services. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
By accessing the Services, you represent and warrant to Wicksteed Open Air that: (i) you are an individual (i.e., not a corporation) at least 18 years old; (ii) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.
Wicksteed Open Air may offer you the ability to create a Wicksteed Open Air account (“Account“) by registering and selecting a password and username to use certain Services. Creating an Account will enable you to receive personalized sale alerts and shop exclusive offers based on information you provide, including favorite Retailers, products, influencers, looks and searches you save. You may not select or use the Account belonging to another person. Each individual person is limited to one Account. You shall provide Wicksteed Open Air with accurate, complete, and updated registration information. Any failure to comply with this provision may result in immediate termination of your account. Wicksteed Open Air reserves the right to refuse registration of, or cancel a Wicksteed Open Air Account in its discretion.
If you are accessing the Services through a third party site or service, Wicksteed Open Air may require that your Wicksteed Open Air login credentials be the same as your login credentials for such Third-Party Platforms. By providing your Third-Party Platform login credentials to Wicksteed Open Air, you are consenting to have the information in those accounts transmitted into your Wicksteed Open Air account. You shall only use Third-Party Platform accounts owned by you and not by any other person or entity. Any use of Third-Party Platforms to create and access your Account is subject to the terms and conditions and privacy policies of such third parties.
4. ACCOUNT MAINTENANCE
Updating Your Account. You agree to keep your Account information current, complete and accurate by periodically updating such information. You must be logged into your Account and enter your password to change your Account information. You will maintain the confidentiality of your Account information, including username and password by which you access the Services. Any use of your username and password will be deemed to be your use, and Wicksteed Open Air is entitled to act on instructions received under your password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
Account Activity. You understand that you are solely responsible for all information submitted by you through the Services and that Wicksteed Open Air will not be liable for any errors or omissions in any such information.
Copyrights. All materials displayed or performed on the Services, including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video, and influencer images (collectively, “Content”), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of Wicksteed Open Air or the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
6. Wicksteed Open Air INTELLECTUAL PROPERTY AND LIMITED LICENSES
The technology and the software underlying our Services is the exclusive property of Wicksteed Open Air. Subject to your compliance with this Agreement, Wicksteed Open Air grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal and non-commercial use of the Services, and any software underlying our Services solely to use the Services, as provided by Wicksteed Open Air in accordance with this Agreement. This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services for any illegal purpose.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Wicksteed Open Air, its affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to Wicksteed Open Air or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. You are prohibited from bidding on keywords containing “Wicksteed Open Air” or other similar words or marks, including, but not limited to, misspellings thereof, for the purpose of driving traffic to your pages. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Wicksteed Open Air, its affiliates, or any third party.
All rights not expressly granted under this Agreement are reserved by Wicksteed Open Air and/or its licensors.
7. YOUR REPRESENTATIONS AND WARRANTIES
You warrant, represent and agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party or misappropriate the trade secrets of any third party in connection with your use of the Services; (ii) violates any law, statute, rule, ordinance or regulation or otherwise constitutes manipulative or misleading activity; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without Wicksteed Open Air’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Wicksteed Open Air.
8. RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES
9. INTERNATIONAL USE; EXPORT CONTROLS
The Services are offered by Wicksteed Open Air from its facilities in the United States of America. Wicksteed Open Air makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws. Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export control laws. No software may be downloaded from the Services or otherwise exported or re-exported in violation of the export control laws of the United States.
10. DISCLAIMER OF WARRANTIES
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE SERVICE. Wicksteed Open Air DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, Wicksteed Open Air DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT, THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS OR OF ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS RETAILERS IN CONNECTION WITH THE SERVICES.
Without limiting the generality of the foregoing, Wicksteed Open Air makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services). Wicksteed Open Air displays suggested retail prices for goods offered on the Services based on pricing information provided by vendors, Retailers, and manufacturers, and we make no promises about the reliability or accuracy of any such information listed on the Wicksteed Open Air website.
11. ELECTRONIC COMMUNICATIONS
We may communicate with you regarding the Services by electronic communications or direct mail using the information you provide to us when you sign up for an Account, contact us through our support services, or provide us your email to receive marketing communications. We may send you periodic communications that are service related, such as information impacting your Account, as well as periodic shopping-related emails that highlight offers or promotions from Wicksteed Open Air. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change subsequent to the date you provide it to us. We may also send you push notifications if you install our mobile application.
You agree to indemnify, defend, and hold Wicksteed Open Air and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to or use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. You agree to cooperate fully as reasonably required in defense and/or settlement of any claim. We reserve the right, in our sole discretion, to assume exclusive control over the defense and/or settlement of any matter subject to indemnification by you.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL Wicksteed Open Air OR ITS RETAILERS, SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE LESSER OF THE FEES PAID BY YOU OR $50; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS, LOST PROFITS, LOSS OF USE, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND Wicksteed Open Air’S REASONABLE CONTROL.
14. RETAILER POLICIES
A product purchased from any Retailer through the Services, is governed by and subject to the applicable Retailer policies, including applicable exchange and shipping policies. You agree that we are not agents of any Retailer and that Retailers operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Retailer is solely between you and that Retailer. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion.
Wicksteed Open Air is not responsible for changes to, or discontinuance of, any Retailer or for any Retailer’s withdrawal from the Services.
15. TERMINATION OR SUSPENSION
This Agreement is effective when accepted by you and will remain in effect until you or we terminate your membership in the Services. We may terminate this Agreement and your use of or access to the Services at any time, for any reason or no reason. Any violation of this Agreement or the rules and conditions of the Services may result in the termination of your Account and forfeiture of pending or prior Cash Back (if applicable). We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Services or any functionality, feature or other component thereof. You agree that Wicksteed Open Air will not be liable to you or to any third party for any modification, suspension, or termination of the Services or your access to your Account. If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to cease participating in the Services. Upon any termination of the Services, your right to use and access your Account and the Services, will terminate. Termination will not prejudice either you or our remedies at law or in equity.
Upon any termination, all provisions of this Agreement which by their nature are intended to survive performance hereof by you or Wicksteed Open Air, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.
16. NO WAIVER AND SEVERABILITY
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Wicksteed Open Air shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Wicksteed Open Air’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.