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Terms of Use

Thank you for visiting Omero Home! We are an online, ecommerce, forum, blog and interactive online community bringing together merchants and collectors of vintage, vintage inspired and antique items.

These Terms of Use apply to all users of this website, www.omerohome.com (this “Site”), including, without limitation, all Omero Home storefront owners, buyers, partners, mere window shoppers and contributors to our interactive community. By using this Site you agree to these Terms of Use. Please read these Terms of Use carefully before using this Site. Sellers wishing to create a Omero storefront must register separately with SSO, and must also agree to our Seller Agreement. Details describing the seller registration process may be found here.

Omero Home, Inc. (“OH,” “we,” or “us”) reserves the right to revise these Terms of Use at any time by updating this posting. Although we will send a notice to our users of any amendments to the e-mail you provide as part of your registration, you are responsible for reviewing these Terms of Use regularly to become aware of any changes. By using this Site after any amendment, you accept any such change.

What is Omero Home?

SSO is an online e-commerce, blog, forum and interactive online community, which facilitates a community in which buyers and sellers may independently come together for trade and commerce in vintage, vintage inspired and antique goods. We are solely a ecommerce platform and interactive community, and we are not directly involved in the transaction between buyers and sellers. Consequently, OH cannot guarantee the safety, quality or legality of any items sold on the Site, nor can OH transfer ownership of items purchased from the seller to the buyer. While OH requires its sellers to accurately and completely describe any items they sell, OH has no ability to confirm such listings. Should you have concerns about a seller, OH encourages you to communicate directly with the seller through the tools available on the Site.

Buying

All sales are binding. Seller is obligated to ship the order or otherwise complete the transaction with you in a prompt manner, unless there is an exceptional issue, such as: (a) your failure to meet the terms of Seller’s listing (such as payment method), or (b) Seller cannot authenticate the your identity. You are obligated to deliver appropriate payment for items purchased, unless there is an exceptional issue.

User Responsibilities and Rights

- Please bear in mind that what you read in our product listings, blogs and forums are other users' opinions and stories. OH is not responsible for the content of any third-party posts and is not liable for any damage or loss that may result from your reliance on what other users have said, nor are we responsible for any other breach of these rules by a user.

- You agree that we have the right to delete any post and terminate any account (that is, ban a user) with or without notice, at any time and for any reason, including, without limitation, our judgment that you've violated the OH Code of Conduct. You also acknowledge that we have no obligation to delete content that you find personally objectionable or offensive.

- When you register as a user of the Site, you will be given a user ID and password, and you will not be permitted to allow any other person to use your user ID or password, nor will you be permitted to disclose your password to any other person. You are responsible for keeping your login information, including your password, private. Sharing of userships or screen names is not allowed and may result in a user’s privileges to use the Site being suspended or terminated.

- You agree not to upload, post or transmit to or distribute or otherwise publish through the web site any materials which (i) restrict or inhibit any other user from using the web site, or contain a virus or other harmful component, (ii) violate any laws or violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the web site or are libelous, defamatory or offensive.

- Intellectual Property - please do not post anything to the Site that you do not have the right to publish or violate any copyright or other proprietary rights in your posts. This includes excerpting published articles without the author's permission and posting of product, images, written content, video or audio content without the creator's permission.

OMERO HOME Code of Conduct: While you use the Site, you must:

- Not post false, inaccurate or misleading material.

- Behave in a manner that supports a safe and comfortable environment for all users of the Site.

- Do not post any material that advocates illegal activity.

- Unacceptable language - please refrain from posting anything (including "jokes" that may be misconstrued) obscene, vulgar, illegal, harmful, insulting, threatening, abusive, harassing, defamatory, libelous, untrue, misleading or invasive of someone else's privacy. We (i.e.., and our clients) will not tolerate hateful communications - including, but not limited to those targeting race, gender, age, sexual orientation, religion, national origin, weight, or disability. Using misspellings, asterisks or other symbols instead of the actual letters in an offensive word is not acceptable under any circumstances.

- Personal attacks - Please refrain from attacking other users of the community. A personal attack might include name-calling, mocking another user or a user's name or family users, using threatening or insulting language, or violating another user's privacy.

- Use the Site or its features to send “spam” (unsolicited commercial e-mail).

- Express or imply that any statements you make or actions you take are endorsed by Omero Home.

- Impersonate any individual or entity, including, without limitation, an Omero Home employee, agent or client, another user of the Site or otherwise misrepresent your affiliation with any person or entity.

- Engage in any other activity that Omero Home reasonably deems improper or abusive.

- Post any material that infringes on the intellectual property rights of another.

Copyright and Trademark

"Content" shall mean and include all content that is provided by Seller to Omero Home. Omero Home does not claim ownership rights in Seller’s Content. Seller grants Omero Home a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right for purposes of accomplishing the purposes and intentions of this Agreement and the provision of the Site and related services, to use, copy, reproduce, digitize, re-format, store electronically, display, transmit over the Internet and distribute Seller’s Content. By posting Content on the Site, Seller acknowledges that it is possible for a third party to repost such Content. Seller agrees to hold Omero Home harmless from any dispute concerning such third party use.

All other content on this Site, unless specifically noted, is copyright of Omero Home, Inc. Copyright violation is a serious offense, punishable by civil and criminal penalties.

All names, logos, designs and slogans of Omero Home are trademarks of Omero Home. Any other trademarks on this Site are the property of their respective owners, including, without limitation our storefront owners. Use of any third party trademarks does not imply sponsorship or endorsement by such third party of Omero Home or this Site or by Omero Home of such third party. You are not permitted to use any trademarks, service marks or logos without the prior written consent of the owner.

You may browse the Site and use its functions and features, and you may download material displayed on the Site, for your own personal use only. You agree that you will not use any robot, spider, scraper or other automated means to access this Site for any purpose. You may not remove any copyright, trademark or other proprietary notices from materials you download, nor may you distribute, modify, transmit, reuse, repost, or use any material from the Site for public or commercial purposes. Any use contrary to these Terms of Use is a violation of the intellectual property rights of Omero Home and/or its contributors.

Electronic Communications

You consent to receive emails and other electronic communications from Omero Home and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and/or on the Site, satisfy any legal requirement that such communications be in writing.

Account Information

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Omero Home is not responsible for third party access to your account that results from theft or misappropriation of your account. Omero Home and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Links to third party sites/Third party services

This Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Omero Home and OH is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or modifications to a Linked Site. Omero Home is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OH of the site or any association with its operators.

Third Party Accounts

You will be able to connect your Omero Home account to third party accounts. By connecting your OH account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature (facebook, twitter, linked in, google +, pinterest, blogspot or any other 3rd party company).

Indemnification

You agree to indemnify, defend and hold harmless Omero Home, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Omero Home 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 Omero Home in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SSO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SSO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SSO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SSO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SSO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL SSO’S TOTAL AGGREGATE LIABILITY ARISING FROM YOUR USE OF THIS SITE EXCEED $1,000.

Termination/access restriction

Omero Home reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and OH as a result of this agreement or use of the Site. Omero Home's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Omero Home's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by OH with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein and with respect to Omero Home’s seller agreements with each seller, this agreement constitutes the entire agreement between the seller/buyer/partners or promotional services and OH with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OH with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any SSO service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes (including any applicable use taxes) applicable to any purchases or sales of items you make on the Site (excluding any taxes on Omero Home’s net income).

Changes to OMERO HOME’S Service and Policies

Omero Home reserves the right to modify or terminate this Site and its services for any reason, without notice, at any time. Omero Home reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Omero Home makes a material change, Omero Home will notify you here, by email, by means of a notice on our home page, or such other places as Omero Home deems appropriate. What constitutes a "material change" will be determined at Omero Home’s sole discretion.

Disputes

This Site is operated by Omero Home from the State of Connecticut, United States of America. Omero Home makes no representation that materials in this Site are appropriate or available for use in other locations. Any ability to access this Site in any jurisdiction other than Connecticut does not constitute Omero Home purposefully availing itself of the privilege of conducting business in that jurisdiction. If you access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms of Use shall be governed by internal Connecticut and relevant federal laws without regard to principles of conflicts of laws. Exclusive jurisdiction for any action or dispute relating to this Site is in the state and federal courts located in Connecticut. By accessing this Site you consent to the jurisdiction of such courts.

SSO is merely an ecommerce marketplace, blog, forum and interactive online community and does not control the interactions between users, sellers, partners and other parties that use the Site. Omero Home may attempt to help users resolve disputes, but is under no obligation to do so. In the event that OH does attempt to help resolve a dispute, OH will do so based on OH policies and in good faith. To the extent that you feel that you have been defrauded by a seller or other person on this website, please let us know, but please also report such dispute to applicable law enforcement authorities.

Violations

Omero Home reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms of Use, including, but not limited to, terminating usership or access to this Site. No waiver by Omero Home shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Privacy

Your use of this Site is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Intellectual Property Infringement Claims

Omero Home will respond as quickly as practicable to any claims that infringing material appears on the Site, including investigating any such claims and taking appropriate action under applicable laws. If we receive a notice of infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, et seq. (the “Act”), we will take steps to remove or disable access to the allegedly infringing material, including any links thereto. We will terminate access for any user who is a repeat infringer. Notices of alleged infringement should be sent to:

Omero Home, Inc.
606 Post Road East #576
Westport, Connecticut 06880

If we remove or disable access to any allegedly infringing material, we may attempt to contact the user or other person who has posted that material to give that person a chance to respond. If there is a response, we will share it with the party who originally complained about the alleged infringement, and will give that party an opportunity to seek a court order or other judicial relief in accordance with the Act before we replace or restore access to the allegedly infringing material.

Contact Us

Omero Home welcomes your questions or comments regarding these Terms of Use:

Omero Home, Inc.
606 Post Road East #576
Westport, Connecticut 06880

Email Address:
customers@omerohome.com

Telephone number:
(203) 293-6148

Effective Date: June 15, 2012
Updated: January 2, 2013

 

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